Latest update: Message from eBay.

"Hello *************

The seller has responded to you and offered another solution to resolve this issue.

Seller's message:
'We can only refund the customer within 28 days of purchase. After 28 days we can either fix the issue or simply replace it. Please return the phone back to us. Vickey'

If you're satisfied with this solution, you can let the seller know by sending a message in the Resolution Centre. If you don't want to accept this offer, we encourage you to send the seller a message with a solution that you'd be happy with.

You can also view the details of this request in the Resolution Centre.

Hmmmm!!!!

Does that mean if the replacement one is faulty within 28 days the will refund?

Does that mean if the replacement one is faulty within 28 days the will refund?

Not sure but we're not willing to find out. A refund was asked for the first time it went wrong, after a week, so a refund we want! ;)

Our reply to the seller.

"

Your message to the seller:

"Hello. The item you have sold me is faulty. The last time it was repaired it worked for 24 hours and broke again. I cannot be expected to keep returning this item to you every week for repair, this is not acceptable. I would like a full refund of £151.25 plus return postage. Please could we get the refund organised before 21 November as requested by the ebay support team. As soon as you can confirm that you will refund for the item I can get the phone posted back to you. You cannot refuse to refund a broken item just because it is more than 28 days since I bought it. Ebay have told me they will contact me on the 21 November to see if the refund has been arranged, if it has not they will step in again to help me."

I'd ask them what makes them think they can enforce the 28 day limit on a refund. They will probably agree that had it become faulty within the first 28 days of purchase, they would have refunded.

Well perhaps we should inform them that any goods that prove to be NOT of satisfactory quality (seems so to me in this case) within 6 months of delivery to the buyer, are taken to have been unsatisfactory from the very day of delivery to the buyer.

I'm sure eBay will sort this but their failure to repair having been given chances means (in my opinion) that you are entitled to request a refund. You must of course tell them that you are rejecting the goods under SOGA and requesting a refund (if eBay don't sort it that is).

Case law supports that all this time spent requesting repair and waiting for replies etc, is NOT to be counted when determining if enough time has passed for the buyer to have accepted the goods in the eyes of the law.

You would also inform them (letter before action) of your intention to take them to the small claims court. Whether you saw that through is up to you but sometimes the threat is enough.

Looking back through this and the PM you sent, it seems it was faulty well within 28 days anyway so their argument falls over! You requested a refund within 28 days.

Not sure but we're not willing to find out. A refund was asked for the first time it went wrong, after a week, so a refund we want! ;)

Our reply to the seller.

"

Your message to the seller:

"Hello. The item you have sold me is faulty. The last time it was repaired it worked for 24 hours and broke again. I cannot be expected to keep returning this item to you every week for repair, this is not acceptable. I would like a full refund of £151.25 plus return postage. Please could we get the refund organised before 21 November as requested by the ebay support team. As soon as you can confirm that you will refund for the item I can get the phone posted back to you. You cannot refuse to refund a broken item just because it is more than 28 days since I bought it. Ebay have told me they will contact me on the 21 November to see if the refund has been arranged, if it has not they will step in again to help me."

What was their response?

Still awaiting with bated breath for their answer! :)

Forgot to say we added this message to the seller on the 17th.

Your message to the seller:

"May I please add to my previous message that we asked for a refund well within the 28 days purchase period but were refused. This item broke down within a week of purchasing it but the only option available to us was repair."

They had until midnight last night to respond but no prizes for guessing they didn't

Anyway Mrs T has just spent the last hour and half on the phone to ebay and the case has been escalated. Basically we have to send the phone back via recorded delivery and if the seller doesn't refund us, ebay will!

Great news. I assume eBay will then pursue the seller for the money they are out of pocket for having refunded you. It's like that when you get a refund from your credit card provider.

Someone I know was having difficulty dealing with a seller of a TV that became faulty (can't remember the shop now). Cost was about £500 and she had paid by credit card so under the Consumer Credit Act, approached the card provider. They considered all the information and the card provider coughed up the money and went on to pursue the shop for what it was now owed.

I guess the shop paid up quickly with the power of the card provider on their case!

Phone sent back today. Phoned ebay with the tracking number. Seller has 6 days from receipt of phone to refund otherwise ebay refund us and they go after the seller for it! :)

that is the reason i dont buy off ebay i mean with the exception of the mobius action camera but i got that off the same seller as a load of us did and it was good but defiantly wouldnt trust ebay id rather go to amazon if they had the item i was looking for sure it might be a bit dearer but they will refund or replace or repair the item for you

lets hope ebay have to refund u and go after seller for it haha

iphones are rubbish anyway. Best thing you could do is get your son's money back and get something with an android.

Great news Kevin

Phone sent back today. Phoned ebay with the tracking number. Seller has 6 days from receipt of phone to refund otherwise ebay refund us and they go after the seller for it! :)

That's good, it's almost sorted then. Isn't this what happens when you pay for something by credit card? I hear you can usually get your money back from the bank if there is a problem, and then maybe the bank goes after the seller?

that is the reason i dont buy off ebay i mean with the exception of the mobius action camera but i got that off the same seller as a load of us did and it was good but defiantly wouldnt trust ebay id rather go to amazon if they had the item i was looking for sure it might be a bit dearer but they will refund or replace or repair the item for you

lets hope ebay have to refund u and go after seller for it haha

I'm the same, I go to Amazon first and if they are selling what I want (i.e. Amazon are the seller, not someone else) I'll buy from them. Otherwise ebay is ok as long as the seller has a good rep, or that's what I've found so far.

iphones are rubbish anyway. Best thing you could do is get your son's money back and get something with an android.

Correct :P

We've been using ebay for years, buying and selling, without too much hassle. Mrs T has over 2000 positive feedback with no negative and this has really put us off. I'm sure we'll still use it for small things but never again for something as expensive as this.

And I'm not an Apple fan at all but his pals ALL have iPhones so he MUST get one as well! I'm trying to get him round to Android, he quite likes my Moto G ;)

I'm waiting on the galaxy note edge. Was just about to order the note 4 but seen the edge and thought I would wait. They are steep at £800 but if I can sell off my note 2 and note 3 it won't hurt the pocket as much!

800 quid for a phone?!!! :o

I wouldn't feel safe carrying that around, frightened I would drop it or lose it! :D

I wouldn't pay that for it to be honest. I used to buy cars for less many moons ago that's why I'm hoping to get a good price for my two phones first then it won't be as steep!

Parcel has arrived and signed for! The clock is now ticking! :)

Well, I say signed for.........

Did a child accept the parcel or a cat maybe? :p

I think it was a cruel sadistic child who had just pulled the legs of a couple of spiders and threw them on the wee machine thingy they have to sign on!!! :D :D :D

Ha and that's suppose to be a 'professional' seller with a 28 day refund policy... yeah I don't think so!

I hope this don't drag on to much longer for the sake of your son :) all he wanted to do was buy himself an iPhone!!

Yes. 28 day refund policies only apply to goods you want to exchange because you've changed your mind or if its clothing that's the wrong size for example. They can't enforce it upon faulty products.

1 day gone, 5 to go! Tick tock!

2 days gone, 4 to go...........still waiting :)