I just bought a "BRAND NEW GENUINE 4GB 3RD GEN 2.0" LCD MP3/MP4 PLAYER[/color]"
When I got it I formatted it as directed, downloaded the software as directed and fomatted it again. AS DIRECTED.
I was left with a 961Mb mp3 player. THAT IS ALL!
I brought it up with hailitele and he simply replied: "send it back and i will give you a refund"
I was told to take it up with ebay.

here's the thing: all up including postage and handling I paid AU$39.24.
I thought I got a really good deal until I realised it was all a scam!
He had hacked the memory!
to send it back to him as both him and paypal suggested it would actually cost me more than what I paid for it!
PayPal knows that he has committed fraud and still sides with him!
If I do as they suggest I end up with AU$80 less than I started with and no MP3 player.

WHAT THE HELL?

Is this legal?

I know its only AU$39.24 but I still think it's wrong to be cheated out of anything!

I need to know if there's anything I can do.

PLEASE HELP ME!

ghostless_shell , usually i would suggest a partial refund rather than full refund. As you have calculated, you would have lost the 2-way postage fees for a full refund.

I got a refund from Hailitele. To do so open up a paypal dispute. Then he will email you saying send back player for a refund. Of course that costs too much... Then go to ebay give him a negative feedback that says player is a hacked player. Hailitele will retaliate with a negative feedback to your account. You will receive a email saying heres your paypal refund keep the player please agree to a feedback withdrawal that will take away both of your negatives. You have 30 days to take away your negatives so even if u do intend to be bribed into removing the negatives wait till the last moment. After you get your money back he then emails ebay and tells them you didn't pay for your item. So you will get a non paying bidder strike against you but don't worry u can get that reversed when you prove to ebay that you paid.

I can't leave negative feedback because on the day i got it i thought everything was ok at first glance so i left him positive feedback. I guess that was my downfall.
is there anything else i can do?
can i retract my possitive feedback?

You can't retract positive feedback. I think your SOL

For anybody else reading this I suggest waiting before giving postive feedback you have 90 days from auctions end to leave a feedback on ebay.

Another victim of hailitele. I bought a 4GB MP3 player and got a 512MB player... so left negative feedback got the offer of a refund accepted, withdrew fb got ebay strike in exchange,,, now waiting for ebay to do summat... so nothing new...

I also got done by hailitete !!

I got a 2gb player from him and all looked well. but once I started to get to about 1gb of data on it, it started rebooting and not playing the song, etc !!

I did what this site said to do to check if it had been hacked and of cause it was only a 1gb player !!

I contacted hailitete about it a few times with no replys so I forward it to PayPal and was told to return the player for a refund...

I replied to that telling them that it was not worth sending it back as it would cost more then the player cost me to do so...

About a week later I got a full refund and got to keep the player !! LOL

The player works 100% and I have not had any issues with it other then it being only 1gb...

I also never got hassled by ebay in anyway so all is well !!!

The user name Hailitete is no longer registed on ebay either !! So i wonder what user name he's trading under now ??