Seller Sends Me Package Filled With Just Blank Paper Then Accuses Me Of Scamming HIM!

[sscot6]

I bought a Panasonic phone via BIN and received the package today. It contained the box supposedly containing the phone as shown in the listing but when I opened the package, there was nothing but a ream of blank paper stuffed in the box and no phone. I took pictures of what I found and contacted the seller. He sent a quite derisive note back accusing me of using one of the oldest scams in the book, that of trying to return a box filled with dead weight in order to get free product. He then showed me photos he took of the box prior to shipping it. His photos showed the same box I received but never showed that box open with the phone inside the box prior to shipping. Mine clearly showed the box opened with nothing but paper inside however.

I have done business honestly and honorably on Ebay for almost 25 yrs now, both buying and selling and with not even one negative or neutral feedback. I have never tried to scam anyone or even considered it. I don't know how to prove that I'm not the scammer in this case however (the seller only has one negative feedback showing since 2005 by the way). Does anyone have any suggestions on how I can present this to Ebay so that I prove I was the one that got an empty package and get my refund? Or...since I paid with Paypal, are they the ones I will need to make my case with? Thanks.

[inceptions]

Use the option next to the transaction in your Purchase History to open a return for an item not as described. You'll be able to attach a photo of what you received.

The seller will have 3 business days to provide a prepaid return shipping label. If he does not, go back to the return and use the option to ask eBay to step in. They will force the refund.

[gosimus]

@sscot6 

< how I can present this to Ebay so that I prove I was the one that got an empty package >    

They'll believe you anyway.  eBay always believes the buyer in a Not As Described dispute.  No, that's not quite right, because it's handled by a computer, and it's the computer that's programmed to take the side of the buyer. 

[sscot6]

Thank you for the responses.  The seller is being really unpleasant about all of this. I did start the return process and he sent me a prepaid return label, along with an angry message saying that he expects a phone in the box I return to him (which of course I cannot provide since he never sent me one in the first place) or he will not provide a refund.

He clearly intends to play this out as long and as far as possible. I am frankly tired of trying to deal with him. Can I just go ahead and ask Ebay to step in now or do I still have to wait another 3 days? He has already sent me the return shipping label but I can't return something I never received.

Update: I did go ahead and look for an "Ask Ebay To Step In" option but can't find one anywhere in the return details for this purchase, even though there is now a return shipping label active. There also used to be something called "Resolution Center" at the bottom of the page which I can no longer find either. I can't see any point in waiting for 3 more days to contact Ebay since nothing is going to change in this situation between now and then.

[sscot6]

Thanks for your response! See my previous response to "Inceptions".

[sscot6]

I wasn't able to add any more updates to my previous message but I did just go ahead and call an Ebay customer service rep directly. I just couldn't see any point in letting this go on any longer. She researched the situation then told me to just wait the 3 business days, call them back then and they would resolve the situation then (and presumably in my favor).

[inceptions]

If the seller provided the return shipping label, you can't ask eBay to step in. You need to send back the box of paper. There is no need to further communicate with the seller. Just follow the process.

Once the item arrives back, the seller has 2 days to refund. If he doesn't THEN you can ask eBay to step in.

[sscot6]

Thanks for the response. Even though I received the return label, Ebay advised me NOT to return the empty box (box of paper) since that would be illegal under USPS rules and open me up possible mail fraud charges. Also, if I returned the box without any phone in it (and just the paper), that would tend to validate the seller's claim that I am trying to scam him.  I am just going to wait the 3 days as Ebay advised then call them back and hope for the best.

[shipscript]

I don't know why returning the box of paper that you received would be illegal under USPS rules. I think customer service was mixing some issues.

Do you have any recollection of what the box looked like before you opened it? Did it look like it had been altered? There is a slim chance that both the buyer and seller are honest and something happened to the item during storage or transit. Although that would still be the seller's problem to solve.

[sscot6]

Thanks for the response. I had thought of the possibility that it could have been tampered with during shipment as well. Ebay even asked me if I thought it looked as if it could have been opened then re-sealed en route. I do recollect how it looked before opening and in fact have it sitting near me right now. It is neatly wrapped in Ebay labelled packing tape which I only slit once along the middle. I told them that I it really didn't look to me as if it had ever been opened and re-sealed.

One thing I have learned after searching for more info about this is that I was lucky I was advised to file a "significantly not as described" case  instead of saying "item not received".  Had I said that I did not receive what I purchased, I likely wouldn't have had any case since there is documentation that the item was "delivered" to me, even if it was just a box full of paper.