UKC

I bought a ~£100 item on eBay last weekend.  When it arrived part of it was was cracked and broken.  I requested a return via eBay the same day, stating the reason as "damaged in transit" and provided some photos in evidence of the damage.  eBay acknowledged my return request but I've yet to hear from the seller.  I've checked the seller's activity and they've listed a fair few items in the last few days, so it doesn't look as if they're on holiday or anything like that.

eBay have said that if I haven't heard from the seller by the 27th I can ask them to intervene.  If I do that, and the seller doesn't respond to them either, then I suspect that eBay will just refund me anyway.  If that happens, what am I supposed to do with the damaged item?  If I send it back to the seller at that point I'll be out of pocket the cost of return postage.  But if I've been refunded the purchase price then surely the item doesn't belong to me so I can't keep it.  I can't recall ever having to return an eBay purchase for this reason before, so I'm unsure of how it is all supposed to work.

Would it be appropriate, once the eBay/PayPal process has completed, to send a registered letter to the seller stating that if they don't contact me within x days of receipt of the letter to arrange return of the item at their cost then I shall consider them to have renounced any claim to it and will treat it as my own property to dispose of as I choose?  And if so, what might be an appropriate value for x?

(I feel a bit bad for the seller because the item was packed pretty well - he'd even put some extra foam inside the manufacturer's packaging.  But it clearly wasn't enough to save it when Royal Mail dropped it - though there's no obvious sign of a serious impact on the outer packaging so I assume they must have dropped it square on its end, and the item slid inside the box and whacked itself hard enough on the interior of the packaging to cause the breakage.)

Would it not be part of eBay's dispute resolution process as to what happens to the item?

I don't know.  As I said in my OP:  "I can't recall ever having to return an eBay purchase for this reason before, so I'm unsure of how it is all supposed to work."  Please, if you have direct experience of this I am more than willing to be educated and informed.

I have had to return a couple of items bought on eBay.  I used the eBay messaging system and attached photographs, the sellers didn't dispute it and eBay emailed a label with a bar code on to print out and stick on the box.  The label covered the postage and I just had to drop it off at a local news agent which acted as a collection point.

I have had to return a couple of items around the £100 mark. In both cases the seller ignored all communication until I started the official eBay complaint then suddenly they were my best friend and asked me to close the dispute and they would sort it out. 

In both cases eBay refunded me, once you start the dispute don't close it until you have a refund, once closed I don't think you can open it again if you close it early. If the seller doesn't pay for the return postage I would have no qualms in keeping the item. 

eBay will contact the seller once this escalates. They will inform them that they need to cover the return postage (Distance selling regulations).

There should be a return address provided on the account, but I am not sure how this works on personal accounts compared to business accounts. Once this escalates eBay will provide it to you anyway.

That said you are within your rights to keep the item until the collection has been arranged or other form of payment for the return postage has been agreed. As the item was faulty/broken on arrival it is the sellers responsibly to arrange the return regardless of what eBay/Paypal do with the money.

I have a feeling you will hear off the seller once £100+ quid disappears out their Paypal account.

Ben

You will either get a return label to print so you can post it back for a refund or a full refund and keep the damaged item. Don't worry about it, it is the sellers responsibility to pay for the return postage, the refund will happen either way