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KevSB
KevSB  101404 forum posts United Kingdom5 Constructive Critique Points
18 Mar 2013 - 4:31 PM


Quote: Payment was taken from my account if you had taken the time to read, and then refunded. As far as importing - It is quite obviously hidden in his listings - read it - It says ' IN SCOTLAND' there is no mention of imports and his business address on his listings is in Scotland so you are very wrong - it is hidden and there is NO mention of importing from USA , and my main reason for being annoyed is simply when i pay someone for some goods i do not expect them to then refuse me on the grounds they have fraud issues.

I did read earlier and forgot you had paid so my appologies for that, which to me means that he excepted the Contract, I do understand the delemma with fraud and his reasons for cancalling but unsure why this couldent just re-done after confirming with you it was a genuine order. I once did a visa payment, the phone rang within 2 seconds of me pressing enter on the online order , it was automated phonecall from the building society saying it had stopped the payment as it was out of my normal buying patterns(large amount) I had to ring the bank and authorise it and they said it was a random check that had red flagged. Never happened sinse. But tbh It made me feel much more comfortable that these checks are made.

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18 Mar 2013 - 4:31 PM

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paulcookphotography


Quote:

Actually so am I, and had their been a reasonable explanation other than saying there had been some frauds it wouldn't have been so bad. From my point of view i now don't know if someone is pretending to be me , if they have their records wrong , if i should be worried etc .. I have done the obvious checks but cant find any reason for any problems but hey obviously this lady in scotland is more aware of my financial situation than i am lol

Anyway onwards and upwards they obviously have good feedback from you guys so i must just be the unchosen one Wink

I have been in a similar situation and the same thing happened. The seller (not on eBay, but i was paying with PayPal) had been contacted by someone asking for a refund on the product and they thought something dodgy was going on, so they cancelled the transaction and issued a refund through PayPal so that it would go directly back to the account it came from. That kept everything right with PayPal in case there was any form of dispute and they reported the supposed fraud. I then had to re-purchase the item once i got my refund (creating a new transaction) and that was the end of the matter as far as i was concerned.

pulsar69
pulsar69  101611 forum posts United Kingdom6 Constructive Critique Points
18 Mar 2013 - 4:41 PM


Quote: I do understand the delemma with fraud and his reasons for cancelling

Tbh thats the bit i had the biggest problem with the explanation of recent frauds and then mention of someone with the same name as me left me confused to say the least and with more questions than i started with, surely they keep records ( the lady told me on the phone they had 8 years worth ) and a simple check on my name and ebay account would have shown i purchased a 1000 pound lens from them in 2011 and verified my address , they even apparently went to the extent of phoning another andrew davies to discuss the order before they cancelled it. All in all i think they need a re-think of their systems and to be a little more careful and a little less speedy to judge.

We have a top rated account on ebay with a decent number of feedback too and NO negatives or Neutrals in comparison, we have had problems but make sure to sort them all out before they result in any loss of business or bad word spreading , the same as our photography business its paramount to try and keep a good reputation even when the customer may be wrong or annoying.

pulsar69
pulsar69  101611 forum posts United Kingdom6 Constructive Critique Points
18 Mar 2013 - 4:43 PM


Quote: I have been in a similar situation and the same thing happened. The seller (not on eBay, but i was paying with PayPal) had been contacted by someone asking for a refund on the product and they thought something dodgy was going on, so they cancelled the transaction and issued a refund through PayPal so that it would go directly back to the account it came from. That kept everything right with PayPal in case there was any form of dispute and they reported the supposed fraud. I then had to re-purchase the item once i got my refund (creating a new transaction) and that was the end of the matter as far as i was concerned.

that makes sense to me though not sure why they couldn't have told me that ? just out of interest how would someone know i had just made the purchase in order to chase the refund though ? and surely any refund would just go back into the same account so how could it be defrauded ?

Last Modified By pulsar69 at 18 Mar 2013 - 4:45 PM
Carabosse
Carabosse e2 Member 1139390 forum postsCarabosse vcard England269 Constructive Critique Points
18 Mar 2013 - 4:52 PM

Andrew, it does all seem a bit strange. Have you actually emailed Kerso and had a written explanation? I'm sure he values his reputation highly (16857 feedback ratings, 99.5% positive).

pulsar69
pulsar69  101611 forum posts United Kingdom6 Constructive Critique Points
18 Mar 2013 - 5:09 PM

Actually i did send an email and got no response, i then rang up to find out what was going on and spoke to his sister i presume. Still have had no answer to the email or spoken to Ian. There are plenty of ebay businesses out there with big numbers with 100% feedback too which is what any good business aims for. The moment most people see 99.5 they will immediately look to see what the negatives are, we ( mainly my other half ) have 100% with our own top rated store and work hard to keep it there, its not easy sometimes either as ebay will always fall on the side of the buyer.

paulcookphotography

When it happened to me, it was for an item that was removed from the site as soon as I had contacted them to buy it. Similar to eBay, the site had a bit where you could ask a question and it was posted below. We think someone had seen my question and had guessed it was me who purchased it. They said there had been some problem with their PayPal account and asked for the funds to be refunded to their card (claiming the transaction was fraudulent, I assume). Fortunately the seller did the right thing and would only refund it to the account used to make the purchase, then emailed the registered address with the account to verify

Carabosse
Carabosse e2 Member 1139390 forum postsCarabosse vcard England269 Constructive Critique Points
18 Mar 2013 - 5:30 PM


Quote: Still have had no answer to the email or spoken to Ian.

Email again with a link to this thread! Wink

chris.maddock
18 Mar 2013 - 6:59 PM


Quote: I did read earlier and forgot you had paid so my appologies for that, which to me means that he excepted the Contract,

I wouldn't be so sure about that TBH.

If you pay by Paypal doesn't the money just get taken from the buyer's account and deposited in the seller's account automatically? Therefore, surely the seller has no choice over whether or not the money is taken, only whether to accept it or refund it.

This is not like a direct credit card transaction where the money doesn't actually get charged to the card until the seller actually requests it - in which case it can be said that the contract has been made. If there is a problem with the price, availability or any other reason not to make the contract then the vendor simply doesn't request the money from the card issuer.

pulsar69
pulsar69  101611 forum posts United Kingdom6 Constructive Critique Points
18 Mar 2013 - 7:17 PM

Paypal account is in effect a money account and when the money is taken from my account it is then given to the sellers account , and can be spent by the seller , there is an interim period where paypal can then freeze things afterwards and claim moneys back again but in the real world money in and out of paypal account especially for business sellers is just as quick as real money , as an example if someone buys an item from me, i can transfer the money immediately from my paypal account to my bank account as cleared funds within minutes. That money could be later disputed for some reason but then paypal would have to claim it back from me if it was not in the account.

So I am not really sure where exactly the law stands contractually, but as far as ebay there policies prevent buyers from refusing or refunding a sale without just cause so it would depend on the reason giving the refund and as that isnt really obvious i dont know !

pulsar69
pulsar69  101611 forum posts United Kingdom6 Constructive Critique Points
18 Mar 2013 - 7:19 PM

The good news is I have ordered the lens now from WEX and with a discount code got free next day delivery so hopefully can have a play with that tomorrow and see how it handles on the new 5D3 !

chrisheathcote
chrisheathcote e2 Member 7240 forum postschrisheathcote vcard United Kingdom
18 Mar 2013 - 8:29 PM


Quote: I did read earlier and forgot you had paid so my appologies for that, which to me means that he excepted the Contract,

I wouldn't be so sure about that TBH.

If you pay by Paypal doesn't the money just get taken from the buyer's account and deposited in the seller's account automatically? Therefore, surely the seller has no choice over whether or not the money is taken, only whether to accept it or refund it.

This is not like a direct credit card transaction where the money doesn't actually get charged to the card until the seller actually requests it - in which case it can be said that the contract has been made. If there is a problem with the price, availability or any other reason not to make the contract then the vendor simply doesn't request the money from the card issuer.

Under UK contract law, there must be an invite to treat, negotiation and agreement by both parties before a contract is reached, offering something for sale is classified as "an invite to treat" what this means is that it is an invitation to enter into negotiations with the seller, by sending the funds you have opened the negotiation phase, by returning the funds they have declined the offer, therefore no contract has ever been reached. I will add that I am not a solicitor however I do work in the motor industry and part of my management training covered contract law. It is a common misconception that if something is priced, then the supplier has a legal obligation to sell at that price. If it is incorrect they can reject the sale. This can be further complicated by distance selling regulations. Where it is recommended that the supplier makes it clear to the puchaser at what point the contract is formed and becomes binding. A lot of companies use the point of dispatch to be this point, because most of the time order confirmations are automated. An acceptance cannot be made on someone else's behalf. Once you get into it is a minefield!

pulsar69
pulsar69  101611 forum posts United Kingdom6 Constructive Critique Points
19 Mar 2013 - 1:47 PM

Next day delivery from wex no hassle jobs a good one ! http://www.ephotozine.com/photo/pancake-tuesday---32839346

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