Dispute with user bubboboo

[Vroomfunkel]

I recently purchased three "new" Mega CD games from this user, at a total of £10.50 including postage. Two of them were described as "sealed" and the other as "mint".

When they arrived, the "mint" one had a large crack across the front of the case, and contained no disc - and one of the "sealed" games was in fact just in a resealable plastic sleeve - and moreover, half the spine was missing, and the half that was there was sellotaped to the front of the case - not to mention, the case was very grubby.

As you may imagine, I was rather displeased with this - because it was clearly deceitful description.

I sent the following email:

I have received these games today, and am very disappointed with the products which are not at all as described -

Detonator Orgun is not sealed, but is in a standard resealable sleeve - in addition to which, only half the spine card is there, and has been glued to the front of the case.

Earnest Evans is not in 'mint' condition at all - quite apart from the large crack across the front of the case, there is no disc!!!

I would like to know what you propose to do about this since at present I can't think of any reason not to leave bad feedback.

And have just received this reply:

Are you incapable of communicating without a threat? Send the games back and I'll refund your money. Leave neg feedback and I'll just do the same, Difference being, I don't care about feedback!

Absolutely mind-boggling! Anyway, I have replied as follows:

A threat? You appear to have a rather over-developed sense of danger! I was merely pointing out that the substantial difference between the products you have sent me and the description you gave them seems to me to merit negative feedback - not as a threat, more as an accurate reflection of the outcome of the transaction - which is what feedback is for.

If you 'don't care' about feedback, then that is fine - you won't mind what I say.

I am not entirely sure why I would be expected to post these back to you at my own expense, unless you are prepared to cover the return postage. I was more in mind of a part refund in respect of the the fact that I have only received at best half of what was described. Naturally, I would prefer to resolve this without recourse to either of us leaving bad feedback - but that really depends upon how you choose to deal with it.

So .. my questions are as follows:

(a) Am I being unreasonable to ask for a part refund rather than sending all this back - I don't especially see why I should have to go to the hassle and expense of packaging and posting this back. I can't imagine (s)he will agree to cover the return postage. I *suspect* that the 'refund' will not include the postage that I paid. And this is not postal damage or misunderstanding here - it is clear deception on their part on what was being sold.

(b) In the event that (s)he refuse to issue a part refund, would I be justified in just putting a stop on the cheque I sent for payment? It would cost me £10 to do so, so I wouldn't actually gain much from it - but I see no reason why I should let them bank deceitfully gained money. They don't accept Paypal, which is why I paid by cheque - under the misapprehension that due to the large volume of good feedback, and the small amount involved there wasn't much that could go wrong. In any case, as I mentioned, the cheque has not cleared yet - and I have most certainly not received what I paid for ... does this justify the course of action?

[Griking]

The guy sounds like an ass. I'd take whatever you can get because it sounds like he doesn't care one way or another. Getting something back is better than getting nothing back.

also, leave him his neg as he surely deserves it.

If you were to forward the response that you received from him to eBay about him threatning to leave you a neg if you leave him one they may take action against him for abuse of the feedback system. They may even remove the neg he leaves you.

Either way, he deserves his neg as a warning to others who may buy from him.

[Vroomfunkel]

Well, I've had no reply yet to my latest missive. I'll give it till Monday morning - it's Bank Holiday weekend here, so the cheque won't get processed before then.

If I've heard nothing, or not had a satisfactory response, then I think I will just stop the cheque. I'm still astounded at the incredibly arrogant attitude, and just the fact that they thought they could get away with describing something as "new" and "mint" when it doesn't even have the disc!

With any luck, their bank will charge them for the bounced cheque too. Perhaps that will make them think twice about being such an ass in future.

Vroomfunkel

[ryborg]

Yeah, this guy sounds like another ebay loser. Judging by his feedback, it seems he has a serious problem shipping items safely and responding remotely professionally to emails. "I am not responsible for items lost or damaged in the post unless insurance has been paid for." I hate when sellers use that statement to allow themselves to ship items completely inadequately.

You are absolutely justified in requesting a partial refund or even stopping the check. It's not like the item was *slightly* different than described. It was completely off, and the bank will agree if you explain the situation when you put a stop to the check.

Unless he all of a sudden starts acting like a civilized human being and fixes the situation, I would certainly give him a neg. He's earned it. Just be aware that you will definitely get one of your own. Did you use your "main" account for this transaction? Feedback for a buying-only account is mainly for show, which is why I keep my bidding away from my selling account. I don't want to have to consider not leaving a neg for a slimeball seller just to keep my feedback percentage up.
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SC REPLAYERS

[sisko]

Return them at your own expense. Get back what you can while you can. If you keep pressing his buttons, you are likely to get nothing.

I'd also leave a neg. If he does the same to you just post a calm and civil response indicating why.