# Misrepresentation Of Goods?



## fredbloggs (Feb 25, 2006)

I just need some advice, though it isn't related to a watch in this instance.

If you bought something of ebay, but what you recieved was not what you bid on, what is the best cause of action?

I have emailed the seller hoping that he will be fair, but I just need options in case he isn't.

Basicly he said the jeans I bid on were 36 Long (34 length) but they are in fact clearly marked as 36 Short (32 length). No good for me cos I am 34 inside leg.


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## jasonm (Nov 22, 2003)

File a 'item not as described' dispute , give the seller a chance to reply first though as it could be a genuine mistake..Did you pay paypal, this will give you a better chance of a resolution....


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## fredbloggs (Feb 25, 2006)

yes I paid paypal.

Should I wait for his response first? Before I do the misrepresenation thing?


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## jasonm (Nov 22, 2003)

Definitely , it might be a simple matter to sort out by talking, if it was a genuine mistake... Is it an item they sell lots of? Mistakes happen.

There is a time limit to do the official dispute within but I think its 45 days so dont worry about that, usuall thing, whats the sellers feedback like?


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## fredbloggs (Feb 25, 2006)

Well he's got a score of 110 with 100% positive feedback. 50% buyers and 50% sellers.

I was a bit miffed in my email to him cos I couldn't see how he could have made the mistake. Plus I hate being ripped off or 'done'. He listed the new jeans as 36W/L34. That is exactly what I wanted. His are clearly listed in the label as 36W/S32. I am 6ft2.. 32inch leg jeans are not my thing.

I sent this.. have I been too rude?

Hi

The jeans I bid on were listed as 36Long i.e. 36/34

What I received was 36Short i.e. 36/32

This is no good to me.

I want a refund.

I am hoping that you will be fair and refund me my money when I send the jeans back. I will be forced to get ebay involved on a misrepresentation (they usually find in the buyers favour in such cases) and give you red feedback if you donâ€™t play ball. I hope you see that I am not trying to be rude, just trying to seek fairness.

Regards


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## jasonm (Nov 22, 2003)

Straight and to the point









Im these sorts of communications I try to be objective and read back what Ive put and ask how I would react if I recieved that email, Its easy to get tough if being nice doesnt work but its harder to get back to a position of being nice to each other if youve started off on a wrong note...In my opinion of course...









Good luck and let us know what happens, Im sure he wont risk his feedback by not playing ball


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## Isthmus (Sep 29, 2005)

Yeaah that E-mail was like killing a roach with a canon. You chould have just brought the issue to his attention, suggested that he probably shipped the wrong item out, and asked him to incur the cost of sending the jeans back to him so he could send you the correct ones. If at that point he doesn't want to cooperate, then you get e-bay and paypal involved and demand a return of your money.


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## fredbloggs (Feb 25, 2006)

He's not a high volume seller. So there's no possibility that he sent the wrong goods out. The jeans are the only pair he had listed.

As for my note.. you think I was a bit too rude huh?


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## dapper (Jun 18, 2004)

fredbloggs said:


> He's not a high volume seller. So there's no possibility that he sent the wrong goods out. The jeans are the only pair he had listed.
> 
> As for my note.. you think I was a bit too rude huh?


Not rude, just too much too soon.

Also - 'I want a refund' should be 'Can I have a refund please?'.


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## fredbloggs (Feb 25, 2006)

I just sent this. Is this better? I am a bit crap at this.

Hi

In situations like this I usually go in all guns blazing without thinking about the consequences. I should have been more polite, so I am sorry if I am coming across as aggressive or rude. I am sure that you have made an honest mistake. The jeans you have listed as 36/34 are in fact 36/32. I am 6ft2, thus they are of no use to me.

I would like a refund of the cost of the jeans plus the cost of the 1st class postage to send the jeans back to you. I believe this to be fair because the jeans are not as advertised.

I do hope that this is ok with you, otherwise the last resort is red feedback and ebay involvement i.e. an 'item not as described' dispute. I am sure that we can work this out amicably with no need for such a course of action.

Thank you

Regards

How do I file an 'item not as described' dispute?

Will they likely get my money back if he doesn't pay up?


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## jasonm (Nov 22, 2003)

Thats better, send them back special or recorded delivery when it comes to it, if not all he has to say is you diddnt send them back and you wont get a penny back, on your ebay page there are lots of links to help tutorials which will explain how to to open a dispute...


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## hotmog (Feb 4, 2006)

fredbloggs said:


> How do I file an 'item not as described' dispute?
> 
> Will they likely get my money back if he doesn't pay up?


You need to give the seller a chance to to resolve the issue following your contact email. Paypal will not allow you to escalate the dispute until they have had 7 days to respond. If at the end of that time you have not had a satisfactory response, as you paid by PayPal you can raise an "Item not as Described" dispute formally.

Log into your Paypal account, go to Auction Tools in the top toolbar, click on Dispute Resolution on PayPal purchases, and follow the instructions given. In issues such as this, PayPal generally find in favour of the buyer, in which case they will seek to recover your money from the seller's account. Even if they cannot, you still have recourse to your credit card company if that is used to fund your PayPal account. However it can take up to 3 weeks before the dispute resolution process is exhausted and PayPal get back to you.


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## fredbloggs (Feb 25, 2006)

I don't know about 7 days, from what I have just read it says you should make contact with the seller, and then make a dispute claim 10-60 days after the auction ended.

I might now begin the dispute process anyway....

I want my dosh back.

I fund purchases direct from my bank account.. I was forced to after I spent Â£500.. does that mean I am stuffed?


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## jasonm (Nov 22, 2003)

Your not stuffed at all...

Just wait for a reply from your seller


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## MarkF (Jul 5, 2003)

Seems a lot of hassle over a 2nd hand pair of jeans. Can't you just buy a pair of stripey socks and platform shoes and get some wear out of them?


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## fredbloggs (Feb 25, 2006)

When did i say jeans were second hand? I don't wear second hand clothes. They were new. Designer. Expensive.


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## jasonm (Nov 22, 2003)

Mark was only 'trying' to be funny


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## pg tips (May 16, 2003)

Fred under law you have to give the vendor opportunity to put things right.

If he's only a 110 feedback my guess is he is not on his pc every night, give him a few days to see your email and respond.

I had one dispute that went on for weeks but the seller turned out to be a good guy in the end.


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## MarkF (Jul 5, 2003)

I thought it was funny







Sorry if you were offended Fred.

I just recieved a 2nd hand Marlboro Jean Jacket from the states, I had seen them here for Â£65, it' slike new and cost $10.


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## fredbloggs (Feb 25, 2006)

sorry.. I just take things personally.. I have never liked the feeling of being deceived.

I'll calm down a bit and watch the DVD's of Father Ted. They were cheap on ebay, and unlike the jeans they are a one size fits all.


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## foztex (Nov 6, 2005)

fredbloggs said:


> sorry.. I just take things personally.. I have never liked the feeling of being deceived.
> 
> I'll calm down a bit and watch the DVD's of Father Ted. They were cheap on ebay, and unlike the jeans they are a one size fits all.


Ah now that will cheer you up. Watch the one with graham norton in the caravan, if that doesn't sort you out nothing will. Superb stuff, I was gutted when Dermot Morgan died.

enjoy

Foz

I'm sure you'll get a resolution off the seller, the last thing he wants is negative feedback. Unless he's a real con artist he'll bend over backwards to sort you out.


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## fredbloggs (Feb 25, 2006)

I got all 3 series cos I am always late cos of studies and work to check these things out first time. I watched Peep Show after it had ended.. and Spaced.. and I now have all 3 series of Father Ted.. only a few of which I have seen.

Which one died?

I just did a search.,. so Father Ted is dead.. no way. That's terrible. I was hoping for a 4th season. He was so funny.


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## foztex (Nov 6, 2005)

fredbloggs said:


> I got all 3 series cos I am always late cos of studies and work to check these things out first time. I watched Peep Show after it had ended.. and Spaced.. and I now have all 3 series of Father Ted.. only a few of which I have seen.
> 
> Which one died?
> 
> I just did a search.,. so Father Ted is dead.. no way. That's terrible. I was hoping for a 4th season. He was so funny.


Oh lord mate, you are a blessed individual. they are all brilliant. You are in for a real voyage of discovery working your way through father ted. Unfortunately you will get more and more depressed that there will be no more as you get further into it. It was a classic series.

unfortunately I cant remember the name of the episode I suggested, but they are all fab.

Foz


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## Guest (Mar 30, 2006)

fredbloggs said:


> ...otherwise the last resort is red feedback and ebay involvement i.e. an 'item not as described' dispute.


Not the sort of comment I would put into an email where I am requesting something.

Better to start with sugar. Vinegar comes later.


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## fredbloggs (Feb 25, 2006)

After 30 years you would have thought I would have learned that. Unfortunately I seem to be geared to allways rush in with the vinegar.. spraying it in their eyes.


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## thorpey69 (Feb 8, 2006)

its easy to take things the wrong way on the internet and misinterpret peoples meaning,so best to follow the other chaps advice and try the amiable approach,i work in retail, and reasonable customer gets a matter resolved ,irate customer gets the runaround.the fact you have sent the follow up e,mail will probably help.calm down and chill a bit and it will get sorted im sure


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## sssammm (Oct 7, 2003)

I bought a new pair of rockport sandals to take to malaysia, advertised as 42 recieved as 43! a whole size too big....i just dustbin'd em, i cant be bothered with conflict any more,

maybe thats me, very laid back

sam


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## fredbloggs (Feb 25, 2006)

Yeah he's agreed to refund money plus 1st class postage. He was ok about it and I noticed a feedback where someone said he gave them no quibble refund on something.

Is it much more for registered post cos I will happily lose a quid or 3 to make sure he gets them. To be on safe side. Very untrusting me.


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## jasonm (Nov 22, 2003)

To comply with ebay and paypals returns policy you have to send back by trackable means, technicly this cost does not have to be refunded by the seller...

A result I would think Fred









A lot of people moan about ebay but in my opinion its only when things go wrong its all discussed in a bad light...Masny millions of deals go very smoothly with the great majority of ebayers being decent people


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## fredbloggs (Feb 25, 2006)

there are some shady people on there though.


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## pg tips (May 16, 2003)

recorded delivery is only an extra 66p on top of the postage price (I think)

prices are on the royal mail web site.


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## Griff (Feb 23, 2003)

fredbloggs said:


> there are some shady people on there though.


And sometimes here too with other shady names!!


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## Griff (Feb 23, 2003)

fredbloggs said:


> .................* I am a bit crap at this.*
> 
> Hi
> 
> In situations like this I usually go in all guns blazing *without thinking about the consequences..................*


A bit crap at just about everything I would say, and indeed not thinking about consequencies


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## pauluspaolo (Feb 24, 2003)

Griff said:


> fredbloggs said:
> 
> 
> > .................* I am a bit crap at this.*
> ...


Griff!! What are you trying to do?

As far as I know Fred's given you no cause for this sort of reply has he? Certainly not on this thread which so far has been amicable & good natured.


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## Griff (Feb 23, 2003)

Keep your nose out!!! 

Ask that he says whether he is Fooktard/9speed!!!! 

People who use the forum should know who he really is, so let's have the truth


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## jasonm (Nov 22, 2003)

Griff, it doesnt matter, Fredblogs is fine, as long as he doesnt break the forum guidelines, its not for any of us to 'witch hunt'









If you dont like his topics or replys then just dont post in them..Easy...


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## fredbloggs (Feb 25, 2006)

I'm not breaking any rules no way Sir.

I is a good boy and my name is Fred.

I just here to look at the pretty pictures of mechanical timepieces.


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## jasonm (Nov 22, 2003)

I know Fred









Were all here to get along and play nice









Your doing great


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## Griff (Feb 23, 2003)

That's just lovely.

Stay off me Freddy boy and I'll avoid you!!!


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## JoT (Aug 12, 2003)

Given the abuse I have received both on and off forum from fredbloggs' alter egos fooktard and 9 speed and perhaps others .... including an offer to meet him for a fight







...... I would rather he was not on the forum.

He has also abused other members of the forum .... one in particular he called a C*** and a pig (in reference to the members employment) .... IMO this guy is just biding his time before he starts his crap again.

IMO banning and then allowing an alter ego to return is not right.

If in doubt that fredbloggs is someone else see a copy of the PM he sent me a few days ago.



> aw come on.. please edit to take suspicion off me.. I have been on my best behaviour.
> 
> I'll get banned again if they know it's me.


kind of tugs at the heart strings? Not


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## fredbloggs (Feb 25, 2006)

Storm in a teacup. You all dished out as much as I gave.


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## Roy (Feb 23, 2003)

Please not again.











JoT said:


> IMO banning and then allowing an alter ego to return is not right.


Your quite right John, but what can I do to police it, how do I know who these new members are until they step out of line.


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## JoT (Aug 12, 2003)

Roy said:


> Please not again.
> 
> 
> 
> ...


Roy I am not blaming you at all .... it's hard to police .... other forums have similar problems .... there is one forum who is plagued by a thief for example, he is exposed, banned and then re-registers!

fredbloggs and his alter egos have crossed the line .... most of us like an argument on here from time to time ..... witness Griff and I







.... but we have never resorted to abusing members (and forum owners!)with obscene profanities and threatening them with physical violence. This should not be tolerated IMO and if a member is exposed as one who has been previously banned he should be banned again IMO.

I think all members should be vigilant for the likes of fredbloggs-fooktard-9speed and his other alter egos and once exposed .... banned.

Just my opinion ..... Cammy and I came in for some very unpleasant posts because we exposed fooktard .... it was not a "storm in a teacup" as he claims.


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## pugster (Nov 22, 2004)

invision who make the software for these forums should be able to tell you how to permaban someone who is playing up, all ip addresses should be logged and can be reported to the individuals isp if needed so stopping at the source.


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## Roy (Feb 23, 2003)

pugster said:


> invision who make the software for these forums should be able to tell you how to permaban someone who is playing up, all ip addresses should be logged and can be reported to the individuals isp if needed so stopping at the source.


We can and do stop banned ISP addresses, if possible. Some members do not have fixed addresses and banning one members isp range can ban other members. Some banned people also re-register with different isp's.


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## JoT (Aug 12, 2003)

pugster said:


> invision who make the software for these forums should be able to tell you how to permaban someone who is playing up, all ip addresses should be logged and can be reported to the individuals isp if needed so stopping at the source.


Problem is some ISP use proxies ... AOL for example .... so banning an IP address could end up banning legitimate members as will as the miscreant.

I have involvement with another forum .... there is a thief that uses AOL as his ISP .... his IP adress is AOL New York along with tens of thousands of others!


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## fredbloggs (Feb 25, 2006)

Fredbloggs hasn't broken any rules.


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## pugster (Nov 22, 2004)

reverse dns lookup of ip address should give isp ,then contact them, i thought full ip adresses were unique? , i thought first 2 number sets where isp specific and next sets the user id ? or are you sure its A o hell being used? or a proxy ? theres got to be a way because i know of a certain forums where banned users stay banned.

bah i should have learnt networking as well as building pc's ip adresses give me a headache


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## fredbloggs (Feb 25, 2006)

I configure my own IP through a router.

But I'll not post again, if that's what most of you want.


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## Roy (Feb 23, 2003)

pugster said:


> reverse dns lookup of ip address should give isp ,then contact them, i thought full ip adresses were unique? , i thought first 2 number sets where isp specific and next sets the user id ? or are you sure its A o hell being used? or a proxy ? theres got to be a way because i know of a certain forums where banned users stay banned.
> 
> bah i should have learnt networking as well as building pc's ip adresses give me a headache


I have just checked your ISP Pugster and you have posted using 161 different addresses. They are not unique unless you have a fixed isp address. They all start with 81.178 but another 10 members also use the same isp starting address.


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## pugster (Nov 22, 2004)

if you do a reverse dns lookup on my address you will see my isp is pipex,you then contact them with the full ip and time and they should know who i am ,hang on i aint done nuffin







,thats what i meant.

reverse dns lookup


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## Roy (Feb 23, 2003)

pugster said:


> if you do a reverse dns lookup on my address you will see my isp is pipex,you then contact them with the full ip and time and they should know who i am ,hang on i aint done nuffin
> 
> 
> 
> ...


Yes but everytime you connect you are issued with a different one.


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## fredbloggs (Feb 25, 2006)

I'll just not post again.

Then you don't have to waste any effort.

It's no problem.


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## jasonm (Nov 22, 2003)

Thats a very good sum up Chris, I whole heartedly agree with all you said









(Apart from the ISP stuff cos I havent a clue how all that stuff works







)


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## fredbloggs (Feb 25, 2006)

I'm not sure what you're asking.

But I have already said I don't need to post. I'll just look at the odd picture.


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## PhilM (Nov 5, 2004)

fredbloggs said:


> I'm not sure what you're asking.
> 
> But I have already said I don't need to post. I'll just look at the odd picture.


Nowt wrong with that, that's all I do and then think I need to save more money


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## Barryboy (Mar 21, 2006)

Irrespective of Fredbloggs alter egos, did he ever get his money back from the Ebay seller?


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