iPhone 4S bought ebay is blacklisted

A question about : iPhone 4S bought ebay is blacklisted

Hi,

I've purchased an Apple iPhone 4S 64GB from a registered business seller on eBay UK.

I bought it Buy It Now for Ј450 71 days ago and I believe I am unable to file complaints or resolutions via eBay or PayPal.

I am extremely distressed with all of this as I saved up for that phone, and with the seller have 100% feedback of 1980 ratings I felt it a very confident purchase.

It was described as fully funtional and locked to Vodafone UK, I have been using it since 2nd April 2012 and today it has cut off compeltely. After hours on the phone with Vodafone they have reported it blacklisted due to fraud.

Please may you advise me what I can do to get my money back?
Thanks

Best answers:

• What did the seller say when you contacted them?
• I contacted the seller about an hour ago politely asking for a refund or I would raise the matter elsewhere.
  Received no reply just yet but would like to be clued up on how to handle the situation if they refuse.
• Give them chance!
  If you get nowhere with the seller you can make a claim against them in the small claims court.
• Contract phones on certain tariffs have blocking clauses built in to the contract.
  the days were a phone was for life are over.
• As it wasn't the seller who blacklisted it, it remains a grey area as to who is to blame. Clearly you should ave good title for your purchase and to take things further you need to return your purchase to the vendor and ask them to resolve the issue or provide a full refund. Until they have the goods you are not entitled to anything.
• It is common sense, not legislation.
  You are rejecting the goods and require a resolution. If they do nothing you have a clear run at court action to recover your costs. If they resolve the problem with a different model, great. You're back in business. If they sent it back with a message that says 'tough', any court action is strengthened because your returned the goods and they were proved not to be interested in providing an amicable resolution.
  If you expect the dealer to give you your money back, whilst you still have the goods - that's just not going to happen, so whilst you can huff and puff, it is not going to speed a resolution. As for seeking permission to return it... why? Do you need a Ј200 paperweight?
  Of course, you will insure it in transit, and if it gets lost, there's a further option to get your money back (via compensation).
  It doesn't work, you don't want it - take the initiative, as with the goods back it may result in a speedier resolution.
• Hi, Martin's asked me to post this in these circumstances: I've asked Board Guides to move threads if they'll receive a better response elsewhere (please see this rule) so this post/thread has been moved to the Ebay board, where it should get more replies. If you have any questions about this policy please email forumteam@moneysavingexpert.com.
• Buzby is talking out of his hat.
  If you returned the item, and the seller refused to refund, you'd have lost both phone and money.
  Agree a return and return it, or raise a small claim if there is no response. The Sale of Goods Act requires items to be fit for purpose, and for faults arising within 6 months to be proven to be the buyer's direct fault if the seller wishes to escape liability.
  My first stop would be Consumer Direct; proper legal advice is essential, if even to stop people who know nothing about consumer law from discouraging you by imposing their version of 'common sense' on someone with a very real problem.
• could you go down the chargeback route?