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Author Topic: To File a Claim OR Not to file one?  (Read 1594 times)

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Offline ChipsteRJ

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To File a Claim OR Not to file one?
« on: March 30, 2012, 02:03:26 PM »
This lot arrived yesterday!

I messaged the seller:
Greetings,

I am VERY upset with my purchase. Your ponies were described as being "
all in excellent condition". EVERY single one of them has a hair cut, which is NOT at all shown in the photos. The hair looks a lot longer in the photos because it was wet. Your photos and description were VERY deceptive. Not to mention the news print they were wrapped in rubbed off all over the horses. I was luckily able to clean most of the news print off of them although there is still some staining.

I would be happy to settle with a 40% refund (or 20GBP).

Thank you for your prompt reply,


The seller responded:
[/color]Hi They were put on ebay for £10 no reserve the pictures were all you and the other people saw before the bids were placed, you made no effort to contact me and ask if the hair had been cut and as far as I am concerned they were in excellent condition for 27 year old toys. In future you need to be more careful when you are bidding for items and need to ask questions if you are unsure about things. I will not refund any of the money as they were bid up to £40 before you won the auction. And if you are thinking about leaving negative feedback that is what you will recieve in return.
Enjoy

*********************************************************************************************
[/size][/color][/size]I have made no comment after these messages....
True I did NOT ask before the auction had ended if any had hair cuts, but even a NON- Collector would have known they ALL had hair cuts - and to me that is NOT Excellent condition! Do MAJOR Hair chops still make a pony EXCELLENT condition? Shouldn't haircut have been in the description knowing it was that obvious- thereby making a legit "not as described" claim?

Does this photo make it obvious that ALL ponies had trims or cut tails- I had suspected it might be the case with Sunburst, but NOT ALL of the others.

Actually the price was 30 when I placed my bid.


Maybe I would have seen that not many people with "high rankings" had bid, but these days no one bids early-right?

Furthermore they were wrapped in news print and completely black when they arrived, I did get most of the news print off luckily.



Advice is greatly appreciated!!!

Offline RockinPrettyBeats

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Re: To File a Claim OR Not to file one?
« Reply #1 on: March 30, 2012, 02:11:34 PM »
Do you have any photos you would like to share of the ponies so that we can see the hair?

Offline FantasticFirefly

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Re: To File a Claim OR Not to file one?
« Reply #2 on: March 30, 2012, 02:20:58 PM »
Yikes!
I could tell the hair was wet in the photographs, and could detect trims. But I usually buy from bad photographs, as that's usually where I get the best deals. so after a while you just get a sense of what flaws will be present. That said, the description is completely wrong, and the wrappings they arrived to you in are 100% unacceptable. Like you, I wonder if the hair was wet to make it look longer then it was. and in regards to the seller saying what was in the photos got bid up- well, a horrible newspaper wrap job, and staining wasn't in the photographs and should be compensated for.

Since this seller doesn't want to do a partial, you are more then right to want to return for a full refund. I do hope you two manage to find some kind of middle ground. I'd have been hopping mad if I opened a box of vintage soft vinyl toys wrapped in newspapers. UGH.

Offline babystarz

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Re: To File a Claim OR Not to file one?
« Reply #3 on: March 30, 2012, 03:07:11 PM »
I would absolutely file a claim, and include the fact that this person is now blackmailing you (threatening to leave bad feedback if you leave bad feedback, when you paid in full when required, is a serious no-no... not to mention no longer possible anyway). I agree with you about the haircuts. I can see that Sunburst and one of the babies definitely have them, but on the others, it's not clear from the pictures. Certainly not "excellent" condition, especially if in addition to haircuts they arrived with newsprint stains. Talk about crappy business practices.
« Last Edit: March 30, 2012, 03:23:48 PM by babystarz »
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Offline ChipsteRJ

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Re: To File a Claim OR Not to file one?
« Reply #4 on: March 30, 2012, 03:27:00 PM »
Even in my own photo the hair cuts are not so apparent....

You can see the mold? Maybe able to sunfade below the symbol, but the marks on his neck are pretty embedded into the plastic...

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The perfume puff looks like a cotton tailed bunny rabbit- I was hoping to Add Sunburst, Cuddles, Tiddley Winks and The Perfume puff to my collection- now I don't want any of them! Actually the seaponies look pretty nice, a few stains, but the hair is smooth and silky still.

Other than a hair cut on Twinkler she is stunning!!!!!
ALL of them have tail trims. and about 5/11 have mane trims. Not a single re-sellable or collection worthy pony in here....

Offline Sarahlacewing

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Re: To File a Claim OR Not to file one?
« Reply #5 on: March 30, 2012, 03:55:12 PM »
First of all report them for feedback extortion.  They are basically saying that you will not get your money and threatening you if you press the issue or leave negative.  Feedback extortion is against the rules.  I'd say file a claim and get your full money returned and send the item back.  (get tracking to prove you sent it back, don't return till after the claim closes and you have your money) They need to learn that false representation and threatening people is not ok.  In addition in Ebay sellers cannot leave negative so this is an empty threat.
« Last Edit: March 30, 2012, 03:57:12 PM by Sarahlacewing »
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Offline NoDivision

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Re: To File a Claim OR Not to file one?
« Reply #6 on: March 30, 2012, 03:55:31 PM »
I dunno... I mean I could tell the haircuts right away from the pictures. Being wet does make the hair look a bit longer, but it was fairly obvious to me that they had haircuts. Obvious enough that I would have asked for a more detailed description, anyway. Any time someone had a vague description like that and describes a pony as "excellent" when I can see a flaw, I'm sure that means there must be other unseen flaws so I always ask.

Offline Ringlets

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Re: To File a Claim OR Not to file one?
« Reply #7 on: March 30, 2012, 06:17:11 PM »
I'm sorry you were disappointed with this lot - but  the sellers response is far more disappointing than the ponies IMO, although it could have been that she was upset and responded without thinking things through first. I could tell from those pics that they had hair cuts to be fair, but her message threatening you with bad feedback is a definite no-no! :crazy:

Daisy sweet looks like she would improve drastically with a good combing. Its surprising how short the PP hair can look when its all tangled and messy... but if you are really unhappy with the lot (as it sounds like you are) then yes its best for you to file a claim, and send them back for a full refund :awake:
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Offline apanda0622

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Re: To File a Claim OR Not to file one?
« Reply #8 on: March 30, 2012, 06:29:06 PM »
File a claim!  Another deceiving picture by a seller!  I just had a similar situation with a doll that came looking much different than the picture.  It was resolved but the seller was rude--I gave her a neutral.

And good luck with that seller trying to leave you a negative.  As far as I know, they can only leave a positive for buyers.

Offline Whoa1234

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Re: To File a Claim OR Not to file one?
« Reply #9 on: March 30, 2012, 06:34:30 PM »
How aweful!
 File a claim! The seller needs to correct her wrongs!
To threaten you is not acceptable behavior, I'd leave a big ol negative on her feedback.

On a side note, I happen to love Twinkler and if her hair cut bothers you, I'd be happy to buy her from you. :3

Offline RockinPrettyBeats

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Re: To File a Claim OR Not to file one?
« Reply #10 on: March 30, 2012, 09:07:48 PM »
I dunno... I mean I could tell the haircuts right away from the pictures. Being wet does make the hair look a bit longer, but it was fairly obvious to me that they had haircuts. Obvious enough that I would have asked for a more detailed description, anyway. Any time someone had a vague description like that and describes a pony as "excellent" when I can see a flaw, I'm sure that means there must be other unseen flaws so I always ask.

This is kind of how I feel. I mean in one of the seller's photos there is a nice little dot (mold?) on the seapony. That right there would tell me not to trust.

I also think the haircuts were obvious.

I really don't think the seller is being deceitful on purpose. Look at their feedback. They don't even have a star rating cause they haven't sold enough!! All the other items they sold are random things not related at all to ponies.

However, is it my imagination but is the person only taking photos of the "good" sides of the ponies??

That is what disturbs me the most. If anything I think that is the worse thing they did.

Before you file a claim, I would ask to send them back for a full refund. See if s/he agrees to that. If not, then I would file a claim and ask Ebay to allow you to return the lot for a refund.

Offline cobalte

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Re: To File a Claim OR Not to file one?
« Reply #11 on: March 31, 2012, 01:38:55 AM »
Although yes, I can see there are some obvious cuts on some of the ponies, I share your opinion RPB - some of the ponies look posed to make the cuts less obvious. Maybe because they are a new seller they are unaware doing so is really bad, but we don't know.
Her response was very disappointing though, at least report her for the feedback extortion threat as others have said

Offline tootie_tails

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Re: To File a Claim OR Not to file one?
« Reply #12 on: March 31, 2012, 01:42:58 AM »
Sorry I can not agree with you, I think this is buyers remorse.  :huh:

The haircuts are pretty obvious in the sellers pictures. A description that says nothing more about the condition than "all in excellent condition!" cannot be trusted, especially when it's from someone who doesn't seem to be a collector.

And Sunburst? He almost always has those mold/discolorations in the plastic, it's rare to find one totally free from it.
Buying a Sunburst and without asking expecting him to be free from discolorations is just bound to go wrong.

It is wrong of the seller to threaten with negative feedback though. Report her for feedback extortion. Other than that, I don't think there is anything you can do.
-

Offline RockinPrettyBeats

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Re: To File a Claim OR Not to file one?
« Reply #13 on: March 31, 2012, 06:56:34 AM »
My other opinion is that if you put "My Little Pony Lot - Sunburst - Puff - etc etc" in a title on Ebay you would get more than him. So if you really don't want them you could try to resell. In which case you might make money off the deal!

Offline Bergamot

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Re: To File a Claim OR Not to file one?
« Reply #14 on: March 31, 2012, 07:14:51 AM »
I believe that the seller might just have been ignorant of the original appearance of these ponies. Possibly, they do not understand that these toys were sold with much longer hair. Maybe the hair in the photo was wet because they'd just given these items a courtesy wash before putting them up on eBay.

Their response bothers me, though. It seems a little rude. Perhaps they read your own tone incorrectly and felt the need to become excessively defensive. I do think that their description of "excellent" is a little misleading, and your request for a partial refund is not at all unreasonable.

If it makes you uncomfortable to push the issue, it might be worth trying to resell them, like RockinPrettyBeats suggested. You very well could come out ahead if you listed them individually, because you could find some buyers who are interested in buying these pieces for restoration or rehairing. :)

 

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