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Where Do I Stand?

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#1
Sarah_SPV

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Evening All,

TOTALLY off-topic again, but I thought to myself where else can I get some straightforward no nonsense advice from? So I went to the Samaritans, and then I came here! :)

Seriously though, I have a little problem. I sold my SL45 on Ebay a week ago. It was 10 months old and worked absolutely fine when I sent if off to the lucky buyer last week - I tested it loads before posting it. Now the buyer is telling me that it keeps switching itself off and he wants a full refund otherwise he will be taking further action (mummy!). Where do I stand? How do I know that he hasn't broken it in the time he's had it or that it didn't get damaged in transit? It's also taken a whole week for him to get back to me. Where do I stand? The phone is still under warranty too so he should be able to get it repaired easily.

Don't make me get on the phone to my brief you sllll*****gggggs! Sorry, been playing too much of 'The Getaway' !! :oops:

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Monday he don't turn up, Tuesday he turn up late, Wednesday he turn up... We don't work Wednesdays!

#2
madu

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He might just replace it with his own old f***d up SL45 and send THAT back to you. You looged the IMEI and SERIAL before post that, right?? Especially if not, Id say sod him - since you tested it assuming it was nicely protectively packaged!

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#3
Will

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Simple, 8) contact ebay, and let them guide you through this trauma. (assuming you did sell on a proper ebay auction). That's what they are there for!!

Also do a little research, check the buyers feedback, and email the other people who he has bought from. (check if he did the same to them etc.)

PM me for more help.. (been there done that). Ebay staff helped me resolve the whole matter.

Will

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#4
Sarah_SPV

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Thank you madukrainian! Exactly what I was thinking. Stupidly I didn't log the IMEI or the SERIAL....what a muppet. Oh well, like I said he can take it along to a repair shop and Siemens should foot the bill. I think I'll even help him on his way by sending him the address he needs.

Small claims court here I come!! :)

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Monday he don't turn up, Tuesday he turn up late, Wednesday he turn up... We don't work Wednesdays!

#5
Sarah_SPV

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Cheers Will, I'll do that. Yeah it was a legit auction so hopefully Ebay should be able to help me out. Will get back and let you know what happens. Thanks guys, knew I could count on you! ::sob::

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Monday he don't turn up, Tuesday he turn up late, Wednesday he turn up... We don't work Wednesdays!

#6
madu

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Well if you did not log any info bout your headset there is no way Ebay will be able to resolve it.. Since there is no way of identifying whether it is your or not! [hence i personally would not contact ebay to start with] The switching off issue is common with these phones and my parents (both) had that. So I am pretty sure he's ju7st running a scam.

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#7
awarner

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You could try the old "Sold as seen" and that the phone was sold in good faith and
in good working order.

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#8
Sarah_SPV

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Ebay have advised me to get onto their Rules and Safety Team to check this Ebay member out. I think I'm going to have to go with the old 'good faith' thing you know. Do you think an email back to him telling him to go out and buy an SPV instead would go down well??? :)

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Monday he don't turn up, Tuesday he turn up late, Wednesday he turn up... We don't work Wednesdays!

#9
SirGaz

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I'm no lawyer so don't take this as gospel, but I would have thought that legally he doesn't have a eg to stand on. He has to prove that you are in the wrong for the courts to find in his favour and as it's your word against his then they wouldn't do that. The only way is if sends it off to Siemans and they (in their expert opinion) state that the phone has been faulty for some time.

But like madukrainian states, he may have swapped it for his own "faulty" phone so have a think about whether you scratched it in a specific place then you could easily identify it.

And last but not least, it's very easy to threaten legal action, its another thing entirely to actually do it. Especially if they aren't entitiled to legal aid as they will have to stump up for a lawyer in the first place.

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#10
mashkhan

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Maybe I'm being a bit naive here and stating the obvious, surely if the phone was on contract/pay as you go and you used the phone, you must have passed the IMEI number to the service provider as part of the registration. If that is the case couldn't you just phone them up and request the number (if they still have it in their records that is!)

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I saw this in a movie about a bus that had to SPEED around the city, keeping its SPEED over fifty. And if its SPEED dropped, the bus would explode! I think it was called "The Bus That Couldn't Slow Down".

#11
Firaas

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Got the box?

The box should have the IMEI number stamped on the outside.

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#12

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Thanks everyone. Got the IMEI number from the shop I purchased it from today. Will keep posting back progress with this in case anyone else needs to use this topic as a reference in future. Not that we'd ever want to sell our SPVs of course! :wink:

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#13
Sarah_SPV

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That was me by the way. (Note to self: Remeber to login before posting!) ::tut::

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Monday he don't turn up, Tuesday he turn up late, Wednesday he turn up... We don't work Wednesdays!

#14
paulmottley

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I had a problem when I sold an old nokia last year, they emailed to say they couldn't get a signal from it yet their friends phones worked fine. I know it was fine because I had only just stopped using it .
As a rule : always take down the id numbers
always put insurance on the postage.
Negative feedback can be harsh and you can't get rid of it!

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#15
Sarah_SPV

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:::UPDATE:::

Bottom line from Ebay is that as long as the item sent is the same as is stated in the auction there is no breach of their rules. They say that the buyer is always going to be at risk as they are unable to inspect the goods first. Basically, it's up to the seller to use their discretion in these matters.

I didn't hear back from the buyer again so I'm presuming that the problem has gone away or he was running some kind of scam after all.

I have learnt my lesson and will make note of all details next time. :oops:

CASE CLOSED

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#16
Chris b.a.r.f.

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CASE CLOSED


...barring one small thing - were you as gutted to part with your SL45 as I was with mine? I really, really wish I hadn't got shot of mine now...

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Welcome to the world of The Squirrel of Destruction

#17
Sarah_SPV

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I'll have to whisper so the 'others' don't hear me, but yes. Really really gutted. That was the best phone I ever had.

I wonder what it's doing now. I hope it's being looked after and not being ripped open for parts. Oh god, I can't stand it!!! :)

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Monday he don't turn up, Tuesday he turn up late, Wednesday he turn up... We don't work Wednesdays!

#18
Chris b.a.r.f.

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heh, well I can rest easy. Mine's been handed down to my little brother so I'll slap him if he breaks it.

You know what I miss loads about it? Headphones that were actually made for human ears.

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Welcome to the world of The Squirrel of Destruction

#19
Sarah_SPV

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You're not kidding! Usual practice whilst using the SPV headphones is to press them so hard into your ears that you risk permanent damage and then not move one inch whilst wearing them. Even blinking will make one of them fall out! :)

Who tests these things? Whoever it is has the smallest head known to science!

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Monday he don't turn up, Tuesday he turn up late, Wednesday he turn up... We don't work Wednesdays!

#20
vampyre69

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Aslong as you sold it as private your half ok....

The only snag is he is considered as a distance purchaser a bit like mail order.

How did here pay for it?

If he paid through ebay then he should approach them first if it was on a credit card he may be protected by them.

Either way be reasonable, maybe offer to contact the place of purchase for him, otherwise supply him a copy of the receipt and inform him it is under a manufactures warranty and he should deal with them.

A week is kind of long if it turns itself off then he should have said something sooner.

Make him aware that you are more than happy for him to take the situation further and that any further communications to/from either party should be done so via email and/or registered post.

If you want more information or help advice please do not hesitate to contact me via p.m

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Ohh quick Timmy look there goes one of those 3 users!!!

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