Seller used stolen credit card to send me item

[acemcveer]

I purchased an item on ebay and a similar,  but not exact, item came. When it arrived the tracking showed that it came from the item manufacturer's retail store. When I opened it up their was an invoice inside for an purchase from their online retail store with some other person than the seller's credit card info and my shipping address. I contacted the item manufacturer and their legal team responded that it was purchased with a stolen credit card and they are requesting the item get sent back to them. The seller had many complaints on their feedback after in purchased with similar stories and their listings have all been removed. I have contacted ebay multiple times and only get canned responses. They told me to open a case to return,  but it can only go back to the fake address on the account. I need to send it back to the manufacturer as it is stolen property. I'm not getting anywhere trying to talk to ebay support.

[pburn]

Did you file for a return/refund through eBay's Money Back Guarantee? Or through PayPal (if you used PayPal)? Or from your bank or credit card company (if you used a credit or debit card, or if your PayPal account is funded with either your credit or debit card)?

If the manufacturer wants it back, let them reimburse you for the item and provide you with a return shipping label. You were not a party to this alleged scheme--if there even was one--at least not intentionally. You are under no obligation to return the item without compensation from the manufacturer and a return shipping label.

Why, if I may ask, did you even contact the manufacturer? Why didn't you just work with eBay and/or PayPal? You bought it from an eBay seller, so why would you contact anyone else?

If you want reimbursement from eBay, you'll have to file a dispute for the item being "not as described." Obviously, the eBay seller is not going to send you a return mailing label, since their account has been closed, right? So maybe eBay will reimburse you and let you keep the item. Then you can get the manufacturer to send you a return mailing label if the want the item back. If eBay expects you to return it to the seller in order to get a refund--which I doubt--just return it to the seller. Don't worry about the manufacturer--their problem is with the seller, not with you.

[mudshark61369]

@acemcveer,

You and the manufacturer's retail store were victims of triangulation retail fraud. The image below explains how it works. The problem with this type of transaction is that there are two victims the Mfr's retailer who shipped the item and you unsuspecting buyer who paid by a legitimate method.

 "I purchased an item on ebay and a similar, but not exact, item came. When it arrived the tracking showed that it came from the item manufacturer's retail store".

Contacting the manufacturer or their retail store was not the right thing to do.  They sent you the item ordered by the seller/scammer and were in no way responsible for correcting the problem.  You should have tried contacting the ebay seller and if they didn't respond open a not as described dispute through ebay. 

"The seller had many complaints on their feedback after in purchased with similar stories and their listings have all been removed."

Did you buy from a multiple quantity available listing and were any of those feedback for the same item you bought or for different items they had listed?

"I contacted the item manufacturer and their legal team responded that it was purchased with a stolen credit card and they are requesting the item get sent back to them".

If you know an attorney you should consult with them or possibly have them respond to the request.  If you choose to respond to the "legal team" who should know better than to try and recoup their loss from you, on your own.  Respond by  saying you made what you thought was a legitimate purchase through ebay, and paid using a legitimate payment method. Since it was their lack of up to date credit card authorization security protocols that allowed them to be scammed which was not your fault and that you should not bear the full  burden of loss because of that.

Start making hard copies and/or scans of every thing about the transaction The listing you bought from if it is still available on ebay which is unlikely. The PayPal transaction which will include the ebay item number, and if you paid using a credit or debit card, the card provider's or bank statement showing that you paid and had the money deducted from your account. You should add that info (with account numbers redacted) to your reply.

[acemcveer]

So my only option is to return to the item to the fake ebay address and not to the manufacturer? I don't have the correct item and ebay says I have to to return to the ebay address. 

[acemcveer]

Why wouldn't I contact the manufacturer? They were being scammed and had a right to know what was going on. There was no negative feedback at the time of purchase only after I made the purchase. The seller had dozens of items from this manufacturer for sale and it is a small company that is local to my area. They needed to be aware of what was going on and not lose thousands of dollars in fraud. I contacted ebay  and the seller multiple times and got no response from them. The seller is still actively selling on ebay, but the items related this manufacturer have been removed.  The company did send me a shipping label and I can even drop it off locally as they are near me. So you are saying that my only option is to just follow ebay protocol and return it to the fake address and then it is the item manufacturer's loss? There is no option that allows the item to be returned to the manufacturer and also stops the scammer from receiving the payment I made? 

[myangelandmyprincess]

You have to return it to the return address on eBay to get a refund 

[fjbet13]

Yes, if you want eBay to refund your money you have to follow their procedures.

[pburn]

Then return it to your local manufacturer, whether by that return shipping label they provided or by dropping it off locally. Let them reimburse you. Businesses have built-in cushions, or even insurance, to address situations like this. I'm sure they wouldn't expect YOU to absorb the cost of the item.

Yes, I'm saying eBay does not provide for buyers to send their items to whatever address they claim is a manufacturer and get reimbursed for the cost of the item (and shipping, if applicable). That would be a great way for scam BUYERS to get their money back for sending the item on to a third party. No marketplace facilitator on the planet can anticipate every scam that can be perpetrated against its participating buyers and sellers and develop a protocol for each and every bizarre twist and turn the criminal element can come up with. eBay does nothing more than provide a platform for people to buy and sell each other's wares in the safest environment possible, but there are limits. Scammers are constantly coming up with different ways to cheat and steal from other people. It would be impossible for any online marketplace to address every scam that can be perpetrated online.

It boils down to a limited number of options:

• Use eBay's Money Back Guarantee to return the item to the seller and get reimbursed. 
• Return the item to the manufacturer and let them reimburse you.
• Return the item to the manufacturer and eat the cost of the transaction.
• Keep the item and let that be an end to it.

So, make up your mind how you want to proceed.

[mudshark61369]

@acemcveer,

"The seller is still actively selling on ebay, but the items related this manufacturer have been removed."

That is not what you wrote in your original post. You wrote;  "The seller had many complaints on their feedback after in purchased with similar stories and their listings have all been removed".  

Chances are the seller is using the same triangulation scheme with other Mfr's. items. It is also possible the seller is unknowingly involved in a Quad scam, which is more difficult to explain.

You replied to me and to @pburn ;

  "So my only option is to return to the item to the fake ebay address and not to the manufacturer? I don't have the correct item and ebay says I have to to return to the ebay address".

That is right, you file a Not As Described dispute through ebay.  If the seller does not respond to it within 3 days, you ask ebay to step in and they will give you a refund. Then you can return it to the Mfr. if you want.  Your concern should not be that the Mfr., was ripped off, but to get a refund for your purchase.

You did not buy from the Mfr. the seller did. By ebay rules it is they who must deal with the Mfr., not you for receiving the wrong item.  If the seller does respond, they have to send you a return shipping label, you ship the item back using it. Once tracking shows delivery you will get a refund within a few days.  If you want you can send the return address to the Mfr. and let them try and track down the seller and deal with them.  Chances are though the return shipping label you get may have some innocent person's address or a non deliverable address.  If the packge is non deliverable you will still get a refund and once the item is returned, you can send/take it to the Mfr.