FB marketplace issue (long)

Hi Guys, happy Friday!

I just want your views on the following (note that this is totally not about the money, only a tenner and I’m familiar with the principle of caveat emptor).

I’m preparing for a camping trip and buying bits and bobs for my bell tent etc. I spotted a kettle on Facebook Marketplace that was listed thus:

2.5 L Stainless Steel Whistling Camping Kettle Cordless Gas Hob Kitchen Teapot FREE PP £10 

The seller gave me his bank details (said he didn’t have paypal) and I paid via my bank account the tenner within 48 hours.

The package arrived and upon opening it I realised that it was not the same item as in the advertised photo, and it was a 2L kettle and not 2.5L as described.

I immediately let the seller know, and his response was (his typos not mine):

Him: Hi good afternoon, thanks for the update, i will look into that, in some cases, the design might not be exactly the same as in the picture, but the functionality is exactly the same, which is a Camping Cordless Whistling Gas Kettle, thank you

I took the view that I wasn’t going to get anywhere with him and sent him this response:

Me: I actually wanted a kettle like the one in the picture; also just fyi it's a 2L. Not to worry I'll sell this one and buy the one I wanted which I've seen elsewhere. Thanks all the same.

Him: I am looking into this, on some items, we turn to look more into the functionality and specification, as suppose to the design details, but if the design detail means so much to you, then i will be happy to send another one out, free of charge, once they are back in stock, thanks again.

Later on that evening I had decided to give the kettle a little test run and filled it with some water. It immediately began to leak water at the base. I sent him this message

Me: Unfortunately I've discovered that the kettle is leaking at the base (picture attached). It's just as well I tested it before my camping trip. Please can you refund me and let me know where to return it to. Thanks. 

His response: Hi good evening, i really do not want to sound rude, but there is no way on earth, that we can send out a licking kettle to you, as it cost us just as much as the price of the kettle, in posting, i actually feel insulted, i really can not understand why you think that you can approach me with such non sense and disregards, but thank you.

My response: Excuse me? I don't appreciate your tone! There's no need to be rude about it. I don't think you would intentionally send out a leaking kettle so why would you feel insulted? The fact is it is leaking when water is in it, which is the very thing it is not meant to do!

I'd appreciate it if you could let me know where to return it and refund me, that is all.

The picture shows the drops of water at the base of the kettle. Do you want me to take a video of it?

Him: Hi that is non sense

Me: How so??

His reply: And i am not going to get into a long conversation with you, this is what i do, and i deal with many customers like you every year, usually for items of £10, i really don't get the fun in it, but sadly some people do, thanks again.

Me: Sorry you've taken that very unfortunate stance. Since you don't appear to be able to resolve this as it should be, I'll take my complaint to Facebook as you clearly won't resolve it.

Him: Hi please do, if you think that Facebook Market Place, is going to take you seriously, when you tell them, that you bought a Camping Gas Kettle, in the UK, Market Place, and it has a hole in it, licking water, then you really do not understand the standard, the products for the UK Market Place has to go through, before they can be allowed to sell in the UK, i really still can not understand what i said or did, that made you think i can be that stupid, but i will just put it down to experience, thanks again

==

I have reported him to FB. Meanwhile I’ve tried google searching for t&c’s, rules of FB marketplace etc and one thing popped up which said: The description of the item must match the image. 

Clearly the image not only did not match the description and the description was partially incorrect.

Also, he has listed the item again in the very same way but selling it this time for £15.

Thoughts. TIA

I would not be able to resist doggedly pursuing him if it were me, even though it's likely to grind interminably though facebook's complaint processes, and can net you a tenner at most. His blatant miss-selling and rudeness is enraging. 

I would have no hesitation in engaging Herbert Smith wotsit and a Top! (I said Top!) QC to get an opinion here with a view to some form of without notice application 

I know I wont get the tenner back, that's a given. But I do want him dealt with by FB. Trouble is their complaints procedure isn't transparent and communications with them about it are nigh on impossible. Yes, I noted he went from 0 to 100 on the obnoxious scale really quickly!

I can never be arsed to complain about things like this, but I appreciate the people who do.  It is one of the reasons customer service is better in other countries.  Most Brits are lazy about stuff like this cf Germans or Americans.

I would have no hesitation in engaging Herbert Smith wotsit and a Top! (I said Top!) QC to get an opinion here with a view to some form of without notice application 

Buzz doesn't know what he's talking about or wants you to lose. Don't risk it by getting a solitary opinion from a top QC but get at least three opinions from top QCs if you want to be taken seriously here. Better still if one is from a KC.

Do keep us informed.

Track the **nt, give him negative feedback, ask friends and colleagues to do the same. Ask family members to waste his time asking pointless questions. 

DESTROY HIM

Can you post comments on his listing?

"This is not the kettle he sends"

"This kettle licks"

"Seller gets weirdly overly defensive when asked for a refund for defective goods"

Interestingly, looking at the accompanying invoice, it is not from him but a ltd company which he is not part of. I'm going to contact them as they ought to know how he conducts business perhaps in their good name.

Put the £10 down to experience and in future by a kettle from a reputable seller of outdoor equipment.  Only buy stuff from random places online if you can afford to buy another one if there's a problem.

The invoice thing is a classic old scam.  Check but the company number will probably be for a similarly named but different company so when you take it up with them they'll say it's nothing to do with them and you need contact the other company and so on and so forth.