Buyer sent wrong item back and got a full refund as well
I know I'm not the only this has happening to but I'm just seeing what tips there are to get ebay to actaully side with me.
I sold an Xbox One with the controller and wires. it got to the buyer on Jan 22. They asked for a refund giving the reason of "I dont want it anymore" and wrote a comment saying "it's broken". I get it back today and it's a small box with an Xbox 360 controller. I sent eBay the pictures and said the weight and sizes are completely different. 4 hours later they said they sided with the buyer.
I appealed it but what else should I do? I've had no problems giving refunds in the past and I know it's part of ebay but this is just someone flat out scamming. Is there really any "seller protection" or am I screwed even with evidence
csspecs
·2 years agoYou need to call ebay, their automated services and emails are 100% useless. The only way to get help is via their phone contact which is very difficult to get.
safan80
·2 years agosafan80
·2 years agogamersbaystore
·2 years agoYou handled this all wrong. If the item I receive back is not the item I sent, I tell the scamming buyer they have 24 hours to close the case or they get reported for mail fraud, and I remind them its a federal crime.
That usually does the trick, and when it doesn't, I gladly file the fraud report with USPS and have them convicted.
I do the same regarding chargebacks. If they get a refund without returning my merchandise, they get reported and USPS will just force them to pay me restitution anyway.
Here's a quote from one of my happy scamming customers, "You reported me for mail fraud and now the postal service is attacking me!" lol
If its the first complaint that USPS received about the buyer, they may give them a chance to return your merchandise or pay for it, and they will demand receipts from the buyer proving they did one of the two; if not, they get charged with felony mail fraud.
I had one buyer get charged with felony mail fraud for simply altering the return label on their package. My mailman caught it, turned them in, and I got a letter in the mail stating they had been charged for it.
oldwestgold
·2 years agoWhile I agree with your suggestion, I highly doubt you received any letter or notification from the USPS telling you the person had been charged. And ..... "they get reported and USPS will just force them to pay me restitution anyway." Not a chance. You should check what you are smoking. Not even the OIG or Inspection Service does that. Trust me, I know. And you sell DVDs?!? The USPS doesn't waste their time for $10 items. Get serious.
gamersbaystore
·2 years agoThanks for making ridiculous assumptions about me and calling me a liar. You don't know what I've sold on this platform, and I'm speaking out of years of experience selling online.
Yes, they have to notify you if you're cited as the victim in a case. The reason being is the defendant has a right to know who the accuser is, and they have access to the victim's personal info as a result.
The postal service has convicted many scammers on by behalf, and yes, in many cases they will order them to pay restitution.
broto_64
·2 years agoRight, and you as the plaintiff don't have to show up in court to testify?
gamersbaystore
·2 years agoCorrect, I've never been asked even once to testify, and there's no reason I need to if the postal service has solid evidence of a crime being committed; such as the case of the buyer who tampered with the return label, changing the address on it.
When USPS convicts them, they will typically order them to pay restitution to every victim involved, and most don't defraud a single seller, and this is how they typically get caught.
In one case the buyer filed a chargeback after purchasing hundreds of dollars of games from me. The courts ordered them to pay it all back and they did. They also defrauded 6 other sellers according to the documentation I received.
This is why sellers need to do their part and report these scammers. The postal service isn't psychic, they only know what you tell them, and they dont catch every instance of fraud on their own.
Something else to note, you wont always get your money back, even if they're prosecuted. Such is the case when the perpetrator is deceased or serving a lengthy prison sentence.
Its unfortunate ebay does so very little to combat fraud on their platform. But where ebay falls short, the postal service can certainly help.
broto_64
·2 years agoself deleted reply
dbfolks166mt
·2 years agoWhile I agree with your suggestion, I highly doubt you received any letter or notification from the USPS telling you the person had been charged. And ..... "they get reported and USPS will just force them to pay me restitution anyway." Not a chance. You should check what you are smoking. Not even the OIG or Inspection Service does that. Trust me, I know. And you sell DVDs?!? The USPS doesn't waste their time for $10 items. Get serious.
You are more than likely correct. While mail fraud is a serious crime federal prosecutors do not bother with mail fraud charges unless the case is big enough for them. It is the policy of the Department of Justice to decline prosecution of mail fraud cases if there is not that much money involved or if there are just a few transactions. They don’t ignore these cases, they just send them over to the local state district attorney’s office.
The Office of the United States Attorney General prosecutes for mail fraud when the underlying activity involves a scheme that allegedly defrauds “…a class of persons, or the general public, with a substantial pattern of conduct. Section 9-43.100 of the United States Attorney’s Manual.
It is also difficult to prove mail fraud since it is a he said, she said situation. With regards to chargebacks and the buyer not returning the item that is a non-starter from the mail fraud perspective since the buyer is protected under current federal laws. That is to say that a small claims court will not accept the case.
buzzapparel
·2 years agoAt this point the buyer knows he conned you. The only option you have is to fight fire with even more fire. You must give the “buyer†the spiel that you are contacting the police department, fbi, his employer as well as a website dedicated to him. Plus let him know you will be filing criminal charges as well as taking him to court.
isaiah53-57
·2 years agoStart by filing complaints/criminal reports with Carrier, Police Depts, IC3 Internet Fraud site, and BBB - Use the information and reports you gather there to file an appeal - This is a crime and you are a victim - By our similar experience, this buyer has done this before and will continue to do it, because little if anything is done about it - Many people may just walk away and chalk it up to a bad deal - My guess is thats what the site hopes for in these buyer-centric determinations they make - Dont walk - Do something about this to help yourself and possibly other sellers in the long run - Best of luck