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Community Member
Posts: 21
Registered: ‎12-12-2006

Suspected abuse of Buyer Protection program, buyer claims item was broken

I have been a buyer for several years and just started selling some gently used Silpada silver jewerly. I double checked and packed a necklace (chain with a hammered charm) before shipping. It was in perfect condition. My listing said NO RETURNS and included a picture of the actual item.


The next day after it was delivered, the buyer sent me an email telling me that the chain was broken. Finally got a picture after 6 days. The chain broke at the clasp, most likely because the seller tried to take chain of the charm (not designed to do that) and the chain was broken by the seller after she received it. I have already reported it to EBAY as a case of possible abuse of the Buyer's Proctection program. 


Ebay has not be very helpful about how to deal with telling her that I will not refund her money because the item is unusable now. I was told to stick to my no return policy and if the buyer files a claim THEN Ebay will start the investigation.


They buyer only has 6 transactions in Ebay. She might be inexperienced and thinks that she is dealing with Nordstrom's extremely generous return policy or she is plainly trying to pull a fast on me. 


Any help/suggestions will be greatly appreciated.

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babylove80jr
Community Member
Posts: 3,737
Registered: ‎01-15-2007

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

Did you explain all of this to the buyer?

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deeplist
Community Member
Posts: 335
Registered: ‎08-20-2008

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

I find it hard to believe that a necklace can get "broken" during shipping. It's pretty obvious the buyer tried to remove the charm and damaged the item.


 


If I were you, I would refuse the return... not only because you don't allow returns, but also because it's not in the original condition in which it was sent.


 


Don't get too wound up just yet. If you stand your ground, she might realize that she can't pull the scam on you and give up without taking any other action.

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Community Member
Posts: 21
Registered: ‎12-12-2006

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

I emailed the buyer explaining the situation and my policy of NO REFUNDS but she would not budge.



 I really thought about fighting this one but I remembered that I can get my item replaced/fixed by the manufacturer lifetime warranty since I was the original buyer (a win/win situation at my end for this item only). The cost of the item is not a lot and I don't want to lose sleep over a crooked buyer. This is the season to be jolly.



I decided to refund her money to keep her quiet after talking to EBay representative. But I reported her for suspected abuse of the Buyer Protection Program and also blocked her from bidding on any of my items in the future. The lesson learned on this one is to take and post all the allowable free pictures and be more specific about the NO RETURNS policy particularly if the item is damaged by the buyer (you break, you buy policy).



This was the response I sent to the sketchy buyer:



"The item was in perfect condition when I shipped it (I have pictures of the whole chain and charm). The box you received was in perfect condition, so it did not happened in transit. It was broken at your end, maybe by elves. This is not a high volume selling operation, every item auctioned is carefully inspected before shipping for all defects. I have been an EBay member for the last 10 years and have always followed Ebay rules and regulations as a seller and a buyer to ensure smooth transactions.

I have notified EBay Customer Support and the Buyer Protection Program about the alleged issue (Item Received Not As Described) and how I was going to resolve it since my detailed listing specified NO REFUNDS and you are a low transaction activity member with limited EBay experience.

If you want a refund, you need to return the ORIGINAL ITEM (charm and chain - include all pieces even if broken) plus the original container (plastic sleeve, Silpada box with foam padding) via US MAIL with TRACKING NUMBER at your expense.

I will refund the original amount of the transaction of $36.45 ($31.50 plus shipping $4.95) within three (3) days of receiving the original item. The item being returned needs to be mailed and postmarked by Friday 11/30/12. Provide me with the Tracking Number via EBay message within 24 hours of shipment. Ship the item to:  xxxx my address xxxx"

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Community Member
Posts: 21
Registered: ‎12-12-2006

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

This is the icing on the cake with a cherry on top. Interesting change of tune after I mentioned that EBay Customer Service/Buyer Protection Program was notified.



I offered the buyer a full refund with the return of the auctioned item (at her expense). Just got this message this morning, the buyer will keep the necklace after replacing the chain (I suspect this is how the original chain broke - she wanted to replace the chain or use it for another pendant):



"I am not returning the necklace. I have replaced the chain and will chalk this down to a lesson learned. I resent your accusations and find it ridiculous that you feel you have more credibility than I do because you have more Ebay transactions under your belt.

I have no idea how the chain broke, but it most certainly happened before I opened the package."

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deeplist
Community Member
Posts: 335
Registered: ‎08-20-2008

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

Maybe the buyer was trying to get you to cave into a partial refund without return, but you called her bluff.


 


Oh well. I'd say the only thing you have to worry about now would be her leaving negative feedback for you. Hopefully she doesn't do that.

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lovedevonrex
Community Member
Posts: 4
Registered: ‎05-23-2008

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

I will tell you what I would have done if I was your buyer and you gave me that holier than thou garbage.


No returns are not enforceable. All the buyer had to do was file a SNAD with Ebay.



If it was me, after getting your I'm better than you and I suspect your a scammer email, I would have picked up the phone and called my bank and filed with them.


Then Paypal and my bank could have fought it out and I'd be more willing to bet I WOULD WIN.



And then I would have left you one well earned big fat red donut and all 1's for you suggestion.



I would like to suggestion than just maybe you could be a scammer.

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deeplist
Community Member
Posts: 335
Registered: ‎08-20-2008

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica


I would have picked up the phone and called my bank and filed with them. Then Paypal and my bank could have fought it out and I'd be more willing to bet I WOULD WIN.


 


And then I would have left you one well earned big fat red donut and all 1's for you suggestion.



 


^ This is exactly why eBay is going down the tubes. Because of that mentality.


 


Newsflash: even chargebacks are not fool-proof ways for the buyer to steal items anymore. I had a buyer try this on me, and they got their money back.... but it was short lived. I appealed the chargeback and I got my money returned.


 


eBay is finally starting to crack down on abusive buyers, return/refund abuse and those who ding feedback and DSRs. And all I have to say is,"thank God." I hope the trend continues and they can turn this thing around because eBay goes further down the pipes.

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Community Member
Posts: 7
Registered: ‎04-15-2003

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

I have asked for a picture of the broken item, if truly broken they will send the picture.  If they refuse to send the picture or give an excuse why they can't, I tell them they can return but must pay return shipping and have the item insured, these ones I seldom hear back from.  Thank God I haven't had to many saying the item arrived broken, but I have had about three in the last month.


 


I almost got ripped off by lady who said the $75.00 Santa plate arrived broke. She never notified me, she just filed a "buyer portection" with ebay. She was told by ebay to mail me the plate back. I waited. Finally I checked the"tracking number" and it was for a package that went to Chicago....this woman was running a scam. She was taken off ebay for awhile, but she is back to buying xraychief was her screen name.

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Community Member
Posts: 4,428
Registered: ‎03-19-2006

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

as you can't prove the condition item was recieved in , ebay will refund the buyer from your funds.


 


best to refund after item returned


age is a measure of time , wisdom is the measure of how we used that time
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Community Member
Posts: 1
Registered: ‎12-28-2008

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

Hi:


similare case just happen to me. I sold a stainless steel knife. and the buyer said it was damaged in the blade. The blade can olnly to damage if you pounded really hard on a hardest surface.


Buyer won the case and now I will have a damage knife and no money. This buyers has plenty of proof in his history he is abusing the protection policy (ID= gwtech1) - beware) and still eBay rules in his favor.


Sellers, let's unite to let eBay know they are not being fair with honest sellers. We cannot play with same rules as buyers, e.g. leaving negative feedback..

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gporpc
Community Member
Posts: 3,719
Registered: ‎01-28-2010

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

eBays


reporting buyer abuse program


is just lip service to make all sound good.

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Community Member
Posts: 3
Registered: ‎11-25-2012

Re: Suspected abuse of Buyer Prot. Prog. - any stats on how often the seller wins?

in reply to 10schica

I had the same problem with ejasime - the buyer waited until after I left positive feedback, about 5 days after she got the package - and then complained it was broken.  It's a timer, packed tightly in a box with bubble wrap and paper - nearly impossible to break. Anyway - her defense was her high ratings!  Ha!  Well - if you wait to demand a refund until AFTER the seller (me)  left good feedback, then obviously - there is no way for it to be changed.  This buyer has clearly figured out how to manipulate the system.  I asked ebay to check and see how many of these "claims" ejasime has made.  Basically the seller is screwed because more than anything - Ebay wants its $$$$.  How many sellers get a ruling in their favor?  Any stats on that?


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Community Member
Posts: 3
Registered: ‎11-25-2012

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

see - my exact problem - the buyer refused to send a photo.


All Ebay wants is its cut of the $$$.  They are happy to screw the seller over - for the Three Dollars they'll make regardless.



How can we get Ebay to play fairly?  And how can we get them to stop the abusers?


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Community Member
Posts: 114
Registered: ‎11-12-2011

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

The reality is that "No returns" just means a seller will not take a return if the buyer changes their mind/buyer's remorse.  If the item is "not as described (including broken)" or "not received" then the buyer is covered under eBay Buyer Protection even if you say no returns.  eBay almost always sides with the buyer, so if you say it wasn't broken, and the buyer says it was, then the buyer will most probably win if a dispute is open. 


 

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Community Member
Posts: 3
Registered: ‎05-11-2012

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

I'm done with selling on eBay. My buyer attempted to get a partial refund because the item was "not as described," then asked me to pay the return shipping. When that didn't fly he opened a case and sent me a broken item back for a full refund. I'm over it. 

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itsasimplelife4us
Community Member
Posts: 27
Registered: ‎11-27-2008

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to 10schica

I just read your comment and found it very disturbing...


 


There are sellers who are honest and who do package and send items in perfect condition to buyers who are repeat offenders in the "get it for free scam".  Yes, they call their bank and file with them.  Perhaps they even get PayPal involved.  But in the end, the price goes up accordingly.  I was a casual seller for years.  In the past few months, I have listed and sold many more items and the crooks are coming out of the woodwork!


 


When you have to raise your listing price to cover the crooks who will bid and not pay or pay and return your item (damaged, so they can claim it is NAD), it costs everyone (except eBay).  It ultimately costs even YOU.  


 


I go to auctions all the time.  I don't get to return anything for any reason...you bid on it and win...it's yours!  If you lose it before you leave the building, you still have to pay for it.  If you realize that it has a flaw, you own the flaw!  That is what an auction truly is.  eBay sellers are not department stores. 

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gingems
Community Member
Posts: 29
Registered: ‎02-07-2013

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to mrmarco66

I agree I am having huge problems and will probably go sell somewhere else soon it is such a rip off

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gingems
Community Member
Posts: 29
Registered: ‎02-07-2013

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to itsasimplelife4us

now i know why all the prices are going up so fast I thought it was inflation in the nation!  I am going to quit ebay soon for the same reason I cannot believe how many problems I have had in the last 30 days !

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myangelandmyprincess
Community Member
Posts: 4,890
Registered: ‎12-02-2004

Re: Suspected abuse of Buyer Protection program, buyer claims item was broken

in reply to gingems

please quit bumping up old threads with your rants.  If you have an issue start your own thread.


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“Birth certificates show that you were born. Death certificates show that you died. Photographs show that you have lived.” -Unknown
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