I have been very disappointed with the service I have received concerning a Mobikik Mobile bought on

[midnight4000]

I bought a Mobiki Mobile on the 17th August with a 12 month warranty. By November it had a black patch on the screen which mwant you couldn't read messages or indeed anything. I approached the seller for a refund or a replacemant but never heard from them so came to Ebay for he but was handed on to Paypal. I am 77 and not really up with these things so because I didn't escalate it to a claim it was canceled. When contacted I was referred back to Ebay but to date have not heard anything. i am very disappointed with the service I received and am $99.94 out of pocket and will still have to buy another mobile phone. Can anyone help please?

[lyndal1838 · Accepted solution]

There is nothing you can do now as the paypal dispute was not escalated to a claim before the time expired.  It cannot be reopened once it is closed.  You will not hear back from ebay....once they have referred you to paypal they have wiped their hands of your claim.

Did you by any chance fund the payment with a credit card or Visa debit card?  If you did you can contact your bank about a chargeback....but do it as soon as possible as some banks have a very short time to initiate chargebacks.

[melbourneclearance]

I think banks will only entertain chargebacks when the item is not received, certainly not after 4 months of item usage, but I guess the OP can try.

Was the mobile phone bought new? If so, it may have a warranty.

[kopenhagen5]

To add, mobile phones are best bought in a proper shop not online.

That way you get a genuine warranty.

[lyndal1838]

I have done chargebacks for items not as described but they had to be returned to the seller with tracked and insured postage and a signature on delivery to rove that the seller had it.   Unless it is an expensive item it is not worth the hassle and expense but it can be done.

[fixnwear]

lyndal, no it can't be done! 

At all, zilch, zero, nothing, no claims to the bank after 4 months that something is not as described - they don't want/can't  to be a judge & jury as to is at fault and who isn't.

Otherwise they would be fronting banking ombudsman every day with all the **bleep** from Ebay that buyers dish out, trying every which way to get their money back!

How on Earth would bank know any of the details.

These days, as soon as you even complain about unauthorised transaction - your card is cancelled on the spot "to protect you from any further similar transactions" And quite rightly too, I mean, if someone really did use your card - you'd not want to give them another chance for a repeat performance.

But for cases like OP - forget it - bad advice to members on the boards. She would have been just running around doing all the useless work - for absolutely nothing. Another "very disappointing" experience!

Try getting your money back from the bank for those unauthorised period payments that you never agreed to - yet some company that you may have bought something from keeps withdrawing regular monthly payments - something that they never told you about but it was on their page "in a very fine print" and you had inadvertently "agreed" to! And they keep sending you stuff you didn't order and don't want.

[lyndal1838]

The time for doing a chargeback varies from bank to bank.....as little as 6 weeks for some and as much as 12 months for others.

And yes, I have done chargebacks for not as described.

I have never had a card cancelled just for doing a chargeback.....only when a new card went missing in the mail.

[phorum_junkie*]

Exactly what Lynda said. Banks all have different policies. Some will specifically not allow chargebacks made through 3rd partty facilities (like Paypal) up to some which will cover up to more than a year depending on how long an item could be expected to last.

The biggest stumbling block for the OP is that if the phone came from overseas they would be unable to send it back unless they used a courier company with special packaging which would probably cost more then the phone.

[fixnwear]

lyndal,

why would you have had any need to do chargeback for item not as described - when you are the first one to advise other people on how to get from Ebay or PP?

And, ask PP or Ebay for that matter - what happens to people who  claim that someone has used their card to pay for things without their knowledge.

Bank gets advised of the fraud comitted and the card gets cancelled.

My very best friend, for over 20 years is the regional manager for NAB - that bank doesn't ever enter into online disputes on who did what - that is for Ebay & PP to decide as they have more details and their own guide lines. 

As for claiming an authorised use - card gets cancelled - end of story. 

Someone has either defrauded you - or you are lying to the bank, can't have it both ways.

If all this was as easy as you say it is - just open your mouth and squak - and bingo! - get your money refunded (and keep the item, of course, the one that you say you have not ordered/received/has a fault) - but it's not quite like that.

And why does OP even think she is entitled to a new phone after having  it for  some time and without seller having any control over the item or the way it was used during that time, and without a guarantee of any sort that can be enforced? Which is the case with most things bought on Ebay - no guarantees  worth thje paper they are written on.

[lyndal1838]

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@fixnwear wrote:

lyndal,

why would you have had any need to do chargeback for item not as described - when you are the first one to advise other people on how to get from Ebay or PP?

Yes, I advise members how to claim their money through ebay or paypal....but it does not always work out so the last option is a chargeback, which I usually mention also.

In my two cases there was NO option for an ebay dispute.  That is a fairly recent option.  In both my cases, the seller did not answer the paypal dispute and instead of getting a refund paypal just closed the disputes so I had to go to my fallback option of a chargeback.

And, ask PP or Ebay for that matter - what happens to people who  claim that someone has used their card to pay for things without their knowledge.

Bank gets advised of the fraud comitted and the card gets cancelled.

I cannot comment on what happens when someone claims fraudulent use of their card....I have NEVER made a fraudulent use claim on my bank or paypal, ever!  The only time I have had a card cancelled was earlier this year when my new card did not arrive before my old card expired.  The bank cancelled the card that had apparently gone astray in the mail and issued a new one.

My very best friend, for over 20 years is the regional manager for NAB - that bank doesn't ever enter into online disputes on who did what - that is for Ebay & PP to decide as they have more details and their own guide lines. 

I cannot comment on NAB practices.....I don't use NAB.  I can only comment on the practices of the two banks that I do deal with.

As for claiming an authorised use - card gets cancelled - end of story. 

Someone has either defrauded you - or you are lying to the bank, can't have it both ways.

Where have I claimed that I have been defrauded?  I resent your implication that I was lying to my bank.

If all this was as easy as you say it is - just open your mouth and squak - and bingo! - get your money refunded (and keep the item, of course, the one that you say you have not ordered/received/has a fault) - but it's not quite like that.

Nowhere have I said that the claim was easy....I had to jump through hoops and return the items at my own cost and with signature on delivery to prove to the bank that it had been returned.  This was in line with a paypal claim but with the added expense of the signature, and the wait for it to be returned to me.  As I said, a chargeback was a last resort, not the first option for a refund.

And why does OP even think she is entitled to a new phone after having  it for  some time and without seller having any control over the item or the way it was used during that time, and without a guarantee of any sort that can be enforced? Which is the case with most things bought on Ebay - no guarantees  worth thje paper they are written on.

The OP was under the impression that they had a guarantee....it is only when things go wrong that buyers find out that they are not worth the paper they are written on.

By the way....do you remember when buyers had to pay paypal to be able to make a claim on their buyer protection?

I do, so you can be assured that my actions were in my best interests.....chargebacks were free except for the added expense when returning the items....no keeping the item and the money.

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