So Ebay Gave the Buyer His Money Back and My Merchandise and Stole Almost $2000

[quanyspark0]

What can I do?  So I sold an oven on Ebay for $1927.00 and the freight company took longer than expected to deliver the item and while it was in transient the buyer opened a "item not received" case and eBay closed it and refunded his money even though the tracking number placed the item in transient as well. Long story short, the item was delivered 3 days after the case was closed because of the weekend and I'm now out the merchandise and $1927.00.  The buyer now has zero incentive to pay for the item.  A customer service rep from eBay even acknowledge that since the item was in transient and they should not have closed the case but my appeals of  the decision have been denied 3 times now.  What can I do?!  I just want eBay to do the right thing and refund me but what chance would I have they would do this?  Any help would be greatly appreciated.

[deech21]

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@repairelectronics wrote:

As an FYI, a small claims suits monetary maximum is state-specific and can be several thousand more than you mentioned, also the suit must be filed in the buyers' state unless very specific criteria are met - with the odds being nil in this case unless the feds take it over as an interstate crime.

btw, small claims in Tennesee where our OP is located is maxed out at $25,000, however, we do not know where the buyer is located which will ultimately decide that amount.

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I have filed a case in small claims court years ago,not ebay related.

local framer screwed up my painting and refuse to do anything,we are both in the same state and city.

first I would have to prove I made an effort to collect $$ by sending him certified letters twice,then I go to court and file a case ,there is fee involved.

On the court date,many showed up and most cases are real estate related,judge sent us all to mediation and told us ,if it cannot be resolved,then come back after lunch.

4 of us sat in a windowless room  9 by 6 feet with no A/C,just a fan.

The mediator is not a lawyer,she is middle age woman trained to be a mediator,she asked me to speak first,then the storeowner and his framer.

She recommended that storeowner paid me in full and asked me if I want the court fee back?

the storeowner agreed and went to his car to get his check book and wrote me a check,I declined on collecting the court fee altho he would be willing to pay,as my cc issuer has given me a small sum.(I tried chargeback before the court case,my cc issuer said I must prove I have returned the item but the storeowner refused to accept my return,so my cc issuer gave me a consolation price of a small sum which I use to offset the court fees).

I deposited his check right away and it did not bounce.

You may win the case,but the court is not going to help you collect the money,if he does not pay you,you can hire a sheriff to go to his store and seize enough of his merchandise and hire an auctioneer to dispose of these merchandise,then you are looking at fee for sheriff and auctioneer,if he has anything worthwhile seizing.

if he does not have a business ,and you cant seize what is in his home,may be you can slap a lien on his house if he owns a house.

by then you would have spend quite a tidy sum of money,not to mention time and stress !

[deech21]

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@slm5389 wrote:

Thanks for getting me thinking about the felony across state lines. I had an item restricted at Global Shipping and

received no information or assistance from customer service.  However, now my

item is relisted by a seller 500 miles from me using my pics and my description.  

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GSP will sell all the returns,rejects to a local dealer and he will sell them on ebay,this is an arrangement between GSP and the dealer,you keep the sales proceed,buyer get refund.

[deech21]

Humm. I think this is the first post suggesting that it was a bot that closed the INR. Are you sure about that?
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yes,both Paypal and Ebay use bots to handle INR,INAD for the first pass,unless there is something unusual about the case or the item.
if you appeal,then a person would look into it.
You know how many cases are open daily???

[deech21]

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@fa_8305 wrote:

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@futurespast1113 wrote:

I once had a buyer scam me out of a $450. She filed a claim saying that she never received her item with Ebay and 1. [BUYER] got her money back.

When I called and proved to ebay that she signed for the item and the tracking showed delivery and her signature online, they gave 2. [SELLER] me my money back.

Shortly after that she opened up another type of claim (significantly not as described) with Paypal and 3. {BUYER AGAIN] got her money back and kept my item.

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Please come on back and tell us @futurespast1113 what really happened?

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when did this happen?

if seller has a no return policy and lost INAD dispute or chargeback,buyer gets to keep the item and her money,no return means seller does not want the item back  

[mam98031]

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@deech21 wrote:
Humm. I think this is the first post suggesting that it was a bot that closed the INR. Are you sure about that?
---------------
yes,both Paypal and Ebay use bots to handle INR,INAD for the first pass,unless there is something unusual about the case or the item.
if you appeal,then a person would look into it.
You know how many cases are open daily???

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Not always.  The buyer may have called Ebay.  You are guessing.  None of us except maybe the OP knows for sure.  

"You know how many cases are open daily???"  No I don't, do you?

[deech21]

On May 29th,2019 OP sold a double convection oven for $1927.oo.

so it is almost 3 months old. 

if it is installed in his business,you have a better chance of collecting the money.

[deech21]

between ebay and Paypal cases open daily in 5 figures. 

[mam98031]

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@deech21 wrote:

between ebay and Paypal cases open daily in 5 figures. 

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OK, where did you pull the stat from?

[deech21]

buyer could call ebay and ebay rep would open the case for him,but who is reviewing the case?

bots are more common than you thought,bots sent shipping label,bots refunded after tracking show return delivered,bots would leave feedback,bots would serve you breakfast in bed soon !!!!!!! 

buyer does not need to call to open a case,he could do it himself.

[deech21]

the heading-

So Ebay Gave the Buyer His Money Back and My Merchandise and Stole Almost $2000

is not accurate.

when eBAY gave the money back to the buyer,the buyer aint got the convection oven yet.

if OP called on Monday and ask them to contact the driver not to deliver the oven,buyer would not have the oven.

I wonder if these freight companies are open 7 days a week,is Fed Exp and UPS open on weekend,they deliver on weekend ?

Seller has Saturday and SUnday to think this over and stop the delivery by calling Monday morning. 

[mam98031]

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@deech21 wrote:

buyer could call ebay and ebay rep would open the case for him,but who is reviewing the case?

bots are more common than you thought,bots sent shipping label,bots refunded after tracking show return delivered,bots would leave feedback,bots would serve you breakfast in bed soon !!!!!!! 

buyer does not need to call to open a case,he could do it himself.

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Certainly a buyer could call Ebay to open a case, but they can also call to get one closed or ruled in their favor.  If you call in, you are talking to a person and typically it is that person that reviews the issue at hand.

I'm not at all saying that bots aren't used on a regular basis on Ebay.  That would be a silly thing to say because they are actively used for many purposes.

But you assumed the claim was closed by a bot and nothing at all had been said about that by the seller.  All I'm saying is that it may not have been a bot and it may have been a CSR from the call center.  

At this point I don't think it really makes a difference. At least not until the OP gets someone at Ebay to review what happened on this transaction.  They will figure out exactly what happened and hopefully take whatever action is appropriate.  

BTW I didn't said a buyer needs to call Ebay to open a case.  

[hurryagain]

Well, there was a whole lot to be said about this situation.

Please please please  @quanyspark0 keep us all posted and updated as to how things go.  I am sure that everyone who has posted something here has a genuine interest as to how your situation gets resolved.  I am sure that most posters are wanting you to be remedied by either eBay or the buyer.  It is a terrible situation to find oneself in...

Good luck& keep us all in the loop.

[deech21]

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@mam98031 wrote:

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@deech21 wrote:

buyer could call ebay and ebay rep would open the case for him,but who is reviewing the case?

bots are more common than you thought,bots sent shipping label,bots refunded after tracking show return delivered,bots would leave feedback,bots would serve you breakfast in bed soon !!!!!!! 

buyer does not need to call to open a case,he could do it himself.

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Certainly a buyer could call Ebay to open a case, but they can also call to get one closed or ruled in their favor.  If you call in, you are talking to a person and typically it is that person that reviews the issue at hand.

I'm not at all saying that bots aren't used on a regular basis on Ebay.  That would be a silly thing to say because they are actively used for many purposes.

But you assumed the claim was closed by a bot and nothing at all had been said about that by the seller.  All I'm saying is that it may not have been a bot and it may have been a CSR from the call center.  

At this point I don't think it really makes a difference. At least not until the OP gets someone at Ebay to review what happened on this transaction.  They will figure out exactly what happened and hopefully take whatever action is appropriate.  

BTW I didn't said a buyer needs to call Ebay to open a case.  

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OP said she has appealed 3 times and each time the rep reviewed the case and denied her appeal .

The sales took place on May 29th,2019 . 

hindsight is always 20/20,if she has to do this all over again,she could ask the freight company to hold the shipment when she sees she has no chance of winning the case(before the case is decided),OR ask to cancel the delivery after she lost the case.

That would require the seller to understand how Ebay seller protection works in depth(like tracking showing no further progress after case is filed) and her line of business and how freight delivery works.

Someone once posted  recently selling on Ebay is no longer that simple,not like the early days when the buyer mails cash,money order or personal check . 

[vintagecraze50]

They will probably want the OP to work with the buyer on this first. The problem here may have been that’s the seller’s shipment was behind schedule and this buyer had the right to open a case if it was not progressing in shipment as promised. If the case timed out, the OP possibly did not get to it in time and it was considered a fault of the seller for not responding to the case. Buyers need to be assured that their shipment is coming and even if this was recorded with the carrier, the seller should have reassured the buyer that it was coming and provided some info and had that case looked into with an extension on the delivery. I wish Triton could chime in on this to clarify and possibly assist the seller if he can.

[vintagecraze50]

This all would be great if you did not have to get a collection agency to go after the buyer after the case in won in court. These are very hard to collect.