Ebay's "the buyer is always right" motto strikes again...

[thegiftstopusa]

I sold a $250 game system a few weeks ago and the buyer opens a return the same day they receive the items. He says the hard drive isn't working or is defective and I tell them everything was tested for 8+ hours prior to shipping the items and I have witnesses and photos for proof. Anyways, i told the buyer to return the hard drive so we can swap it out for a working one and he denies. He then escalates the case with CS and they tell the buyer to return the items for a refund (even though i don't offer returns anymore). So I received the system on Monday and the serial number doesn't match the system we sent him, cosmetically you can tell it's not the one we sent him so I contact CS monday night and they tell me they're going to send me an email so I can provide photos for proof. Tuesday morning they refund the buyer and then I appeal the case through the website providing photos and ebay sides with the buyer (LOL). So I call CS again today and they tell me there's nothing to do aside from getting my money back through a small claims court or contacting paypal for assistance. Ebay's a joke of a website. I'm out $250 because ebay decided to side with a scammer. Smh. I don't even know what do now, i'm currently on hold with paypal trying to sort this issue out.

[green-night]

 i'm currently on hold with paypal trying to sort this issue out.

You should hang up, they aren't going to do anything for you.  

You got ripped off and that's the way it goes sometimes.  It might make me reconsider the items I'd be willing to sell here. 

[kattinsanity]

Your photos won't show proof of anything since you used stock photos in the listing.  Maybe you should take actual photos of the items you are selling?

[frodobagginskennedy]

I am so very sorry this happened to you.  It just makes me sick that people will go and basically steal from someone that they don't even know.  A lot of people don't realize that behind these scams are actual people tryong to pay bills and feed the kids.

The one thing that keeps me going is that I strongly believe in KARMA.  These scammere WILL get theirs sooner or later.

I also live by the rule on e bay ,,,,NEVER EVER NEVER list something on e bay that I cannot afford to lose, trash or donate.

[thegiftstopusa]

I'm not talking about stock photos, i always take real photos of the console's serial number before I ship so in cases like these i'll be covered by ebay but apparently it doesn't even matter. For a lot of us, $250 is a considerable amount of money. That's basically 1/5 of my mortgage payment.

[johnrj1226]

It might be a good idea to also type the s/n in the text of the description as often those s/n plates/lables are  hard to read.

[thatsallfolks]

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@thegiftstopusa wrote:

I'm not talking about stock photos, i always take real photos of the console's serial number before I ship so in cases like these i'll be covered by ebay but apparently it doesn't even matter. For a lot of us, $250 is a considerable amount of money. That's basically 1/5 of my mortgage payment.

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But for some strange reason, you didn’t put the actual photos in the listing.

[vintagecraze50]

Get a lawyer who can send the buyer an official summons for a small claim court proceedings case, and watch for the console to possibly show up in the mail.

[vintagecraze50]

Do some research on how small claims court cases work for online fraud and state by state rules. You can start the claim by going to https://www.uslegalforms.com/smallclaims/.

[vintagecraze50]

I really hate to hear about these switcheroo jobs here on Ebay. It is important that when these types of issues come up here that people do not just sit there and let themselves be scammed. It's important also that scammers of this type be aware of what they are getting themselves into by participating in basically shoplifting. Many would not be doing this if they knew how easy it is to file a small claims court case and to win one. Good luck if you choose to do so.

[ed8108]

If I had presented clear & convincing evidence, and was not satisfied with the determination.

I would certainly consider a request for reconsideration with findings of fact and conclusions of law. 

The above is not intended to be legal advice or legal opinion.

[phcd1]

Don't forget you received a defect for your trouble. You could have the Pope pack the item up for shipping, have the Chief of Police tape it shut all while the Post Master video tapes the whole thing and it would make no difference to the outcome. The same would be true in a court of law BTW.

[phcd1]

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@vintagecraze50 wrote:

...Many would not be doing this if they knew how easy it is to file a small claims court case and to win one. Good luck if you choose to do so.

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Most small claims courts will not accept cases that cross state lines. Many will not accept them across county lines!

[the-real-deal-94]

Ebay's policies are a joke tbh, buyers have virtually all the power & leverage over sellers.

[*sommerssecretgarden*]

If you used USPS I would file postal fraud with them, then I would contact the police in whatever city the buyer lives and file a police report. First though I would message the buyer and inform them they sent the wrong item and you have clear proof via photos and video and that you are contacting the police department and the postal service for fraud. If it isn't someone who is a complete crook maybe you could scare them into sending it back but I would still proceed as listed above. If they refused I would file a small claims case and not just for the amount of the console but for all fees and troubles. For future purposes I would include the serial numbers in every listing along with photos as well. I would never dream of selling something that expensive on here just from the horror stories of EBay doing this exact thing and not protecting the seller whatsoever!