What Would You Do?! eBay Issue... Final Chapter

[indianawars]

So, I brought a Lando Calrissian ROTJ MOC to go towards my focus collection. I received a message after the auction from the seller letting me know he would post the MOC out that day. So I replied back saying, 'Oh wow, that's fast, thank you. I look forward to receiving it - He looks to be a beauty." The next day I received another message from the seller saying, "He Is! listing all my vintage carded as I have Cancer, two bedrooms full of star wars. Enjoy." I didn't reply back as I didn't know how to address the cancer issue. Yesterday I received the parcel and was quite excited about it as I've never owned this MOC before. That excitement soon turned into horror as I saw a big crack on the right hand side of the bubble
This is where my dilemma comes into play! I would feel dreadful and wouldn't dream of asking for a refund from someone who has cancer. But, the devil on my shoulder says, did he drop it and crack it accidentally before posting it out and then mentioned to me he had cancer, knowing people would genuinely feel uncomfortable to even suggest asking for a refund. I did notice that he never put a return address on the parcel and highlighted on the front "SIGNED FOR." Or, perhaps this is just a case of royal mail mishandling it. I don't know what to think, surely a decent human would never mention they had cancer unless it was true! But, knowing how cut throat this hobby can be - then I wouldn't put it past someone to make it up. I really need some advice as I don't know what to do.

 

[Michael Sith]

Hi mate

Absoloutely get where you are coming from here, I would be the same.

Think in the first instance I would check his feedback on ebay, maybe something on there?

It's a matter of personal choice in these cases and what you feel comfortable doing, and on what price y ou have paid as well. Tough one, I'm sure you will get some sound advice from the guys on here though.

 

[Palifan]

Tricky situation but I think you should mention that the item has arrived damaged and show them some pictures. I think regardless of the person's health ( and I do feel for anyone with a serious illness), it still should be mentioned as you did buy something in a certain condition and now it's something different. If you contact the seller then at least it's up to them to decide what the right thing to do is.

Just my thoughts on this and what ever decision you make I'm sure will be the right one for you.

Ian

 

[indianawars]

Two great pieces of advice from two great forum members - Thank you both

 

[Mr-shifter]

I think I would mention to the guy that it had arrived damaged. Be as pleasant as you can and see what he says. I get your suspicions but at the end of the day wether he is ill or not is irrelevant to this issue.

If he is not ill and your suspicions are correct then you will know by his reaction. If he is ill then you will find he deals with the issue like a normal eBay transaction because he will not play the ill card. If you had cancer or have been affected closely by cancer you would never use it as an excuse for anything, even if it was the reason.

Its a tough one though.

 

[theforceuk]

I agree exactly with Palifan and Mr_Shifter, like they say be as nice as you can though.

 

[poncho]

just treat it as any other ebay transaction. hes obviously been a collector at somepoint if he owns lots of mocs so knows the crack. just be nice and say this arrived damaged etc etc...was it packed well? peanuts/starcase

 

[weasel]

I'd put a large amount of money on the fact that he DOES NOT have cancer. But then I'm a cynical bastard.

Regardless, the item is damaged. You bought it believing it to be undamaged. Ergo, you're due a refund. Contact him, tell him it's broken and that you'd like a refund (or a partial if you're happy to keep it for a lower price). If you don't hear from him in a few days, open a case. Simple.

The cynic in me says he mentioned the cancer thing cos he was pulling a scam/knew he dropped it and was hoping that would put you off asking for a refund. Even if he is genuinely ill, as a collector he will know if it's broken in transit you are due a refund.

 

[plantman]

Just go through the normal proceedure's being as normal as can be, im synical too but get it sorted.

 

[indianawars]

I will keep you all update in what happens. I have very politely messaged him regarding the crack.
The packaging was fine, although the dreaded news paper was used as padding. I cannot see any damage to the box to suggest a heavy impact during transit.

 

[edd_jedi]

Unfortunately these yellow bubbles are so fragile even the best packed MOC can get damaged in the post.

 

[Ian_C]

Add me to the list above. While it may seem heartless, unless you bought it as a charity to give him money while he suffers, it's a sale just like any other. Packing a yellowed bubble protected by newspaper was a bad move. If there was a fold in the paper against the bubble, and it received some kind of impact, guess which is giving way first? Bubble every time when they're yellow.

Be empathetic to his situation, but you still have rights as a buyer that should be exercised.

Ian

 

[lejackal]

The signed for bit on the front could have been a reminder to someone posting it for him if he has help because of the big C although I am generally cynical when it comes to I have this/my dog ate that etc messages from buyers and sellers.

I would still ask the question and then raise a case if it can't be worked out.

 

[indianawars]

Okay, so I very polity addressed the crack issue with the seller - Not really pushing anything, just mentioned that it arrived cracked.
The response back I from the seller started with the Cancer issue again, and that he was too ill to make a claim back from Royal mail. He also listed some MOC's he had (Prune Face, Logray, Klaatu, and General Madine) and asked if I would like to pick one and he would then send it to me, but first I would have to close the return request as this has held the payment. I didn't realise that doing a return request would hold the payment as I've never done it before. but if I close the return request then, doesn't that mean I can't file another claim if he doesn't send a replacement MOC?

I have noticed he's listed the new BB-8 app-enabled droid, but surely if you were ill, you would be buying the new TFA items to sell on for profit?

 

[Mr-shifter]

Ok. I'm going to call liar here. I will wait for others to chime in but my initial thoughts are your suspicions are correct. To ill to do a claim form and take some photos but well enough to buy items online to flip.

 

[Ian_C]

Okay, so I very polity addressed the crack issue with the seller - Not really pushing anything, just mentioned that it arrived cracked.
The response back I from the seller started with the Cancer issue again, and that he was too ill to make a claim back from Royal mail. He also listed some MOC's he had (Prune Face, Logray, Klaatu, and General Madine) and asked if I would like to pick one and he would then send it to me, but first I would have to close the return request as this has held the payment. I didn't realise that doing a return request would hold the payment as I've never done it before. but if I close the return request then, doesn't that mean I can't file another claim if he doesn't send a replacement MOC?

I have noticed he's listed the new BB-8 app-enabled droid, but surely if you were ill, you would be buying the new TFA items to sell on for profit?

Yep, I call bullshit on this. He may have cancer, he may not, but he's using it as a crutch to avoid being accountable for a damaged item he sold.

How can one be too sick to make a claim, but well enough to mail a replacement, or go flipping new product?

You're right, if you close the return request, you forfeit all future claims on the item. At that point, you'd likely never hear from him again.

Be polite and say you're not interested in a different figure, and that you want compensation for the damage. He can do this willingly, or be forced by ebay.

Using a sickness to avoid dealing with one's responsibilities is just....sickening.

Ian

 

[weasel]

I agree, it's odds on pure BS.
But, if you are tempted by one of his other items, tell him you'll hold off on closing the case until AFTER you recive the other item from him. Just be honest and say you need to protect yourself, cos once you close it you have no come back. In the unlikely event he is genuine he should see it from your side. If he replies with some other excuse or reason why he cant do it, you know he's a scammer (albeit we all suspect as much anyway).

Personally, i'd just take the refund from PP/Ebay.

 

[Ian_C]

I agree, it's odds on pure BS.
But, if you are tempted by one of his other items, tell him you'll hold off on closing the case until AFTER you recive the other item from him. Just be honest and say you need to protect yourself, cos once you close it you have no come back. In the unlikely event he is genuine he should see it from your side. If he replies with some other excuse or reason why he cant do it, you know he's a scammer (albeit we all suspect as much anyway).

Personally, i'd just take the refund from PP/Ebay.

I like this advice, and agree the refund is the better option. I'd also go for a partial refund, and sell the damaged figure (with full disclosure of course) to make up the difference. Ebay would likely side in your favor, and a partial refund means you get to keep the item. If you return it for the full refund, and he is a scammer, he may try and claim you sent back something not in the same condition, or even not at all (ie. an empty box, etc.). Then you have another headache.

Ian

 

[Robstyley]

I would pretty much do exactly what everyone else said. I would ask for a full refund because the MOC is not as described, it's damaged. I would ignore all the other stuff and excuses and not complicate things, just get a refund. You don't know him, you have no proof he is ill and it's irrelevant to the transaction anyway :wink:

 

[indianawars]

So here is the final chapter in the saga...
After not coming to a mutual understanding regarding the closing of the return request for a replacement MOC - I have returned the damaged MOC and received a refund... Not before receiving a message from the seller informing me how much stress I have put him under, but yet he continues to list items for sale... I have no doubt he has been a good seller on eBay (judging by the amount of positive feedback he has) but, even good sellers can be sneaky when it comes down to money.

Thank you everyone that has given me sound advice, I truly appreciate it.