Taking legal action against e_cell, or any other UK based seller

Especially when you live outside the UK... Here's what I did:

  1. Got myself a vitual UK post address (aka mail forwarding). There's many UK based companies/individuals who do this for a fee. I used these guys here but I cannot yet recommend them as they have not forwarded any letters for me yet; all I can say for now is that email communication has been optimal and their fees were reasonable (60.00 GBP for 3 months service and 25.00 GBP pre-paid postage fees - they charge about 1.50 GBP for each forwarded letter from UK to Italy
  2. Having a UK based correspondence address I was the able to use the Money Claim OnLine (MCOL) service of Her Majesty's Courts Service. It won't cost you more that 25 GBP to use it for a small claim of a few hunded GBP and you can add this cost to the claimed amount (you can even ask for interest).

Good Luck!

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e cell

Hi my husband purchased a phone from e cell 2 weks ago and the next day i emailed them for some further information for the phone to find out that the one i bought is not the one advertised . So i told them to cancel the deal and refund my money . the first mail it was polite with all the thank you ans sorry things . After a few days i had no replies and i emailed them back to tell me that they have sent the phone because they did not reply through my ebay messages but the only sent an my mail . Do you think i should make a comlain to paypal
By the way no tracking number

Hi

Hi, You should follow advice as given here: http://fotios.org/node/2473

Good luck!

Yes, complain to both ebay

Yes, complain to both ebay and paypal as soon as to ensure that you can make a case and get them to help you get the refund - certainly before 45 days since the date of purchase elapses. This is a rogue, bogus company so the sooner you act the better!

Hi,i have the same problem,i

Hi,i have the same problem,i have bought my phone more than 3m ago,and still no phone and no refund.They sending me a letters saing that they have forvarded my request to some another department and they stil are wayting for respond from them.And this has been going on for 3 month now.My main problem is that i live outside of UK and i do not know where to go for a=some help! Any ideas?
Regards

what to do

There's plenty you can do even if you live outside the UK. Look here: http://fotios.org/node/2473

Good luck!

hello

i have a question. i purchased a phone 5month ago from ecell and didn`t get phone nor refund and ecell made me wait this long saying that refund in process, so now i wanna do Money Claim OnLine (MCOL). So question is this my best option? and if (MCOL) can refund this because it was 5month ago?

Hi

yes, MCOL can get your money back. Also make sure you file a complaint with consumerdirect. All directions on how to do that in my "what to do" article.

Good luck!

Mail forwarding

I can now confirm that the mail forwarding service at http://www.mail-forward.co.uk/ works fine but do not try to forward parcels through them as in my case the service did not include that and I actually lost a small parcel like that. All letters were normally forwarded though.

Seller ignores their obligations under DSR

I fully concur with the many reports about this unethical seller. I purchased an expensive item (Apple iPad 16GB with 3G) worth almost £500. There were what I would call unreasonable delays for alleged anti-fraud measures and even then they still dispatched later than expected. I have a fully verified Paypal address and buy a lot of stuff of eBay. Even so they would not budge.

As a result of this, I informed them that the item was no longer wanted. As soon as I received it I requested a return & refund. No, eCell seem to think the law doesn't apply to them simply stating the item was as described. However under the Distance Selling Regulations customers are entitled to a 7-day cooling off period from the date they receive the goods.

I have now locked horns with ecell and have given them 30 days to refund my money. Under the DSR 2000 regulations you can even demand a refund before you return the item and this is now what I am expecting. I have contacted eBay customer support and will report back on how they handle the dispute.

I know I am on solid ground and all communications have been retained so I will take them to court if necessary.

A despicable seller who continues to attract a lot of negative and neutral feedback. I recommend using http://www.toolhaus.org/ where it is easy to filter out their neutrals & negs. This reveals many issues such as counterfeit/replica products, stalling tactics and a complete lack of regard for consumer laws.

I also recommend anybody who has had issues with them to also tip off Blackpool Trading Standards. In my experience if enough complaints are received, local Trading Standards offices will take action especially where there is suspicion of counterfeiting. There would seem to growing evidence to support this. I will be bringing their attention to this. I would advise others do the same so can hopefully finally rid ourselves of this vermin on eBay.

Thanks for reading,
Steve

Good work

Good work Steve and good luck with your dispute.

By contacting "Blackpool Trading Standards" do you mean to do so using the Consumer Direct site (http://www.consumerdirect.gov.uk/contact?action=complain) or is there some other site/phone you can suggest?

Cheers

Yes, I would complain direct

Yes, I would complain direct to http://www.tradingstandards.gov.uk/blackpool/index.htm

They even have a direct email address which is tradstand@blackpool.gov.uk

If you go via the consumer direct site, I suppose there is always a chance it will not filter through to the local authority where the seller is based. It would be Blackpool Trading Standards that would gather evidence before they decide whether or not to take action.

eCell have since replied saying that they will offer a refund upon me returning the item. However, they will deduct their eBay fees and potentially an admin. I will give them credit for sheer cheek. Needless to say, I declined their very kind offer and have now formally notified them of my legal intentions. The clock is ticking for them.

I would recommend any "victims" that visit your site to contact Blackpool Trading Standards and draw their attention to the many disparaging remarks - particularly about counterfeit products using www.toolhaus.org.

Thanks,
Steve

Many thanks

That's great Steve. I will be updating the main article (titled "What to do") with your info. Cheers!

Hi Fotios, Just a quick

Hi Fotios,

Just a quick update.

They have now sent me a returns "PacketPost" label. It is interesting to note that should an item go missing when returning using PacketPost, I would only be able to claim back compensation from Royal Mail up to the cost of 100 x 1st Class Stamps and proof of postage would be required.

You can probably understand my reluctance to return an item worth nearly £500 using this method. I would rather return it and pay p&p myself via RM Special Delivery as it will be insured up to £500.

Still waiting for assurance from eCell regarding the fees if I do return. I am very tempted however to hold-out for a refund before return as in paragraph 3.46 of the DSR 2000. eCell are going to wish they never messed with me lol!

Cheers,
Steve

great stuff

Let'em have it Steve and remember: while doing this you'll be taking revenge for hundreds of victims!

I bought a Mac Mini 2.5Ghz from e-cell

I paid 599 via Paypal for the 699 RRP model, waited 5 days for their anti-fraud measures, and they ended up sending me the 529 RRP model on the Saturday before Christmas. It was to be an Christmas present for my wife and I.

I wanted to send it back immediately, so they could send the correct item, but they first wanted me to pay the postage to send it back, and I had found this website by then, so did not trust them at all. Then eventually gave me a label to print and said that I could pay 80p to get it recorded if I wanted! I refused, since I would be liable if it went missing, and they refused to pay return insured postage for me to send it back to them.

They stuck to their item listing wording about buyer paying insured delivery on all return for any reason. Even though they broke the contract by sending the wrong item, which invalidates their standard terms.

It took them 3 days to admit they sent the wrong item - they blamed their suppliers in the end. But surely they should check the item before posting it to me.

The case is now in the hands of ebay customer support, who should have a decision soon, I hope. Meanwhile it's 3rd of January and still no Christmas present for my wife and I.

I really wish I did a google search on the company before I bought from them. I just read the 700,000+ feedback and thought it was a safe purchase.

looks LIKE im not the only

looks LIKE im not the only one who has had problems with ecell on ebaypurchased 2 high capacity batterys from them for the iphone 4, the charge life was worce than the original i took out and within a week the battery packed up so i removed the battery which had a STICKER ON SAYING HIGH CAPACITY , TOOK THE STICKER OFF AND IT WAS JUST A CHINA COPY BATTERY OF THE SAME CAPACITY AS STANDARD BATTERY,COULD HAVE GOT ONE OF THESE ON EBAY FOR £4 BUT PAID £15,
{ THATS £11 FOR A STICKER!!!!!!!!!!!!!!!!
THESE DESERVE TO BE STOPPED TRADING ON EBAY

ECell

I also have been conned by ECell out of £80. I bought a phone of them on 1st Dec 2011 and I am still waiting on it. Took out a dispute on EBay but its just getting out of hand now. Gave me a tracking number so I phoned Royal Mail and was told got the tracking number but not the goods.Got back to ECell says that its been signed and delivered, but not by me. ECell gave eBay another tracking number and EBay says as far as they are concerned its been delivered to me.The difference being it was signed for in another town and its not my signature. I really do not know where to go next. Anybody got any answers out there. weemagsdogs.

The delivery address

The delivery address reported under the Royal mail reference number has to be your address as reported in the ebay/paypal transaction record. If it is different you got the right to a refund. If ebay still refuses to do what's right you can open a full legal court case against them as outlined one this page; not expensive although 80GBP is not a very big amount either. Good luck!

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