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I live in spain and bought a car through ebay, mainly because cars here with air con are very dear. We spoke to the seller, asked if the air con worked okay, he assured us it did. We paid a lorry driver to collect the car. When it got here it had no air con. We contacted the seller who said, 'he thought it had'. he said he would call us back and never did. we tried to go to paypal who said that because the car was not collected in person it is not covered. We then tried ebay, who after asking for every document under the sun, including a report from a car company to say it had no air con, then told me, because the car was inspected by the person who collected it...its not covered!!! It was a delivery driver...of course he did not inspect it!! They will try ANYTHING to get out of it. I am now considering taking it further. Can anyone advice me of who to contact to file a complaint against paypal and ebay. I would appreciate any help. I am a one parent family and cannot afford to put this down to a mistake. At the end of the day, ebay have believed the seller when he has told them the car was inspected...end of story.
The contract is between you and the seller NOT you and Ebay. Personally I would have gone with the driver to collect the car. You are putting your trust in a delivery driver? It is not Ebays' or Paypals' that you are at fault.
Read the T&C (especially Paypals' as you are legally bound by them in that by using Paypal you agree to them) very carefully before proceeding but I feel that you will have to take action against the seller.....and make sure you check any large purchases before you or a third party 'accepts' them.
If the seller said in it's description that it has air conditioning in the car...wouldn't that be a misdiscription?So shouldnt ebay help out in this situstion regardless of who collected or 'checked' the item? As it seems to me the seller deblirately pretended the car had air con when it didnt...because you can't really think the air has air con...either it has or not and the seller clearly states the air con works okay?
You are correct...but what can I do about it? The seller will not return emails, paypal will not help and neither will ebay now. Why do they bother saying that you have protection when you do not. A warning should go out to all buyers...do not purchase cars on ebay.
I've bought quite a bit on Ebay but regarding buying something like a car. I would have to go see it personally, there is no way I would fork out a large sum of money for the likes of a car before seeing it. If the Ebay terms and conditions of the sale say that you are meant to inspect it personally before taking delivery of the car and you didn't for whatever reason then as PaulB2005 has pointed out you have failed to follow their procedures and as such are no longer covered by any guarantee. However having said that, I would think that you would have a claim against the person you bought the car from in that he mis-sold the item giving a false description, saying it had aircon when it didn't. The only option I can see is to see a solicitor, however not knowing anything about the law in Spain I don't know how much this may cost and indeed how successful you may be.
I'm sorry to say this but you may be better just reselling the car and getting another.
I suspect you are in a position where pursuing this may be more costly than it is worth. Without being wise after the event buying cars privately & not from a dealer is a difficult business at the best of times.
Selling the car on correctly advertised is possibly the best option and cutting your losses will be a difficult thing so my sympathy.
On a more constructibe note if your paypal account is funded by a credit card I am not sure if they could assist you ? Worth a try perhaps.
Personally I am too sceptical about high value items on ebay .... if it is a ' real bargain ' you have to ask why and be a little cynical. why would someone sell a car at say 20% below market value ? Ebay is a good place to hide for the less scrupulous.
I have had 54 trabactions od EBAY with 3 blatent rip offs where goods nver sent but money taken.
Always check how long a person has been a member - less than 6 months I avoid.
Check on feedback ( one of the cons was 10 good feedbacks but all withing 4 days which i didn't spot - clearly the guy had registered several times an left good feedback for himself to con chumps like me)
Check the things they have brought and sold.
Always pay by PAYPAL if they don't take it don't deal.
Don't bid more than you can afford to lose if it all goes wrong.
If it is too cheap there is a reason and it's usually not a good one.I think ebay has got worse with far more bas sellers - I mostly stick to DVD's batteries & nothing more than £40 etc low value stuff unless I am 100% convinced of the seller.
Good luck hope it works out.
I don't understand this one...
A courier is never liable for an incorrect item being sent.
I can't see how a 'third party' who delivered the item should also be the one that checks it - surely all responsibility for checking an items suitability lies with the buyer?
The item was incorrectly listed on ebay. The buyer did not get what they expected... Seems fairly simple to me - ebay and Paypal 'supposedly' offer protections against this sort of thing.
Not only is ebay starting to decline due to a large number of scammers, but their reputation for actually following through with their so called protections is practically non-existent.
As soon as goods are removed and paid for you accept legal title even if you are not present. If the description is misleading it is up to you to pursue this in a court. It is NOT Ebays' responsibility as they are only an AGENT. This is made abundantly clear in their T&C. The responsibility is with the purchaser...unless the goods do not turn up when the law is slightly different.
It is no use going on about Ebays' responsibility. Go to small claims court and resolve the matter there but I feel that as you 'accepted' the goods. albeit through a third party, you will have a long hard struggle. The seller is not replying to you and this does not bode well. Never buy goods blind, a valuable lesson.
All anyone here can do is offer an opinion. You need to seek proper legal advice. You will therefore need to decided whether the loss warrants the time and cost of pursuing it in the courts.
As already mentioned, you may find the best option is to cut your losses and sell the car.
Many Solicitors in the UK offer a free first consultation. Is there anything like that in Spain?
It's the issue of the protections ebay and Paypal imply in their advertising that grates.
Yet I have rarely heard anyone state they have actually protected anyone - just like many insurance companies there always seems to be a loophole a company can squirm through to get out things.
My personal expereince was for a trivial amount of money - only 13quid. I didn't care about the money it was the principle that mattered - so I tried to use ebay to explore what I could do... After being made to jump through numerous automated email hoops, for almost a month I got an email stating... 'as my claim was for less than 15quid I was not covered' - after a month of hoop jumping they could have stated this in the beginning! What a waste of time.
We are all wise after the event, Gandalf.
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