True Bait and Switch

[bcmngineering]

A seller was selling 5 gallon buckets. 1 for $x. 3 for $y. 10 for $z. 20 for $a. 100 for $b. 

I ordered 20 for $a ($60 - good price). 

Buckets were delivered. Seller only sent me 10.

I told him. I asked him to send me the 10 he still owed me or refund 50% of what I paid him.

He said he didn't have any more in stock.

I responded to him that he still had his listing for 100 buckets for $b and he could just send me 10 of them.

He responded that he didn't have those, either and pulled the listing. 

I then just asked him to refund 50% of my purchase price. 

He said he could not do that and it was against eBay policy to do it. 

I responded that it wasn't ebay policy and again asked him to refund half of my purchase price. 

He said he could not do this. He said the buckets cost him too much. I would need to return them for a full refund. 

So, he admits to offering a low priced item be didn't have enough of in stock and then trying to get me to pay a higher price (double) by sending me only half. He then admits that he was selling them at a low price to begin with to only send me half in the hopes that I would accept the higher price. 

If this isn't bait and switch, I don't know what is.  I am nearly certain that this is illegal in every one of the 50 states in the USA. 

eBay doesn't prohibit this kind of transaction. Indeed, their system facilitates it.

What recourse do I have? He's only offering to refund my money if I send his buckets back after trying to defraud me out of half of my money, lying to me, and then admitting to engaging in this illegal behavior. 

Help. I want to keep my buckets even if I only get half of them for the price he offered them at.  Why should I have to pay twice as much? 

[nobody*s_perfect]

File a claim for 'Item not as described" so that if the seller wants his buckets back, HE has to pay for the return postage.   He will probably be willing to compromise, rather than bear that cost himself.

[iowahill]

Had a guy demand I refund his money because he said he couldn't make enough money re-selling my items. WHAT?  That's my responsibility?  It was a junk lot with a low start and no reserve.. he sent package back after keeping what he wanted.. I eventually won the case, but ebay paid him anyway.. TOO much defense of scammer buyers   IMO

[mudshark61369]

@bcmngineering,

@nobody*s_perfect, is right file the Item Not As Described (INAD) dispute for the shorted order, and I would suggest factual feedback be left now.  Your seller saying ebay will not let them refund you for the missing items sounds like a chinese seller ploy.

[myangelandmyprincess]

If you return the buckets the seller is out shipping both ways....

[kensgiftshop]

@bcmngineering 

Go to the resolution center below and select, the item doesn't match the description.
The seller will have 3 days to accept the return and pay return shipping or refund without returning.
If they don't, return to the case on day 4 and ask Ebay to step in.

[bcmngineering]

He's already said he'll pay for the return postage, but I want the buckets I paid for and to not encourage this illegal behavior.  He'll just turn around and do it again and waste someone else's 2+ weeks trying to get them to pay more than what was agreed to. 

[airsheep]

Leave factual feedback about the shorted order.  I suggest a neutral, as bad sellers are able to have negs removed far too easily.

[stacy_pme]

This has become a dueling match.  Push it through eBay with not receiving item, because it gives you a choice of either "I still want the item" or "return it"   and if it gets escalated, ebay will let you keep the item and refund all your money.  

[varebelrose]

1) Thoroughly read the eBay MBG (money back guarantee) policy.

2) File an INAD (Item Not as Described) case. You can only file ONE case on eBay.

3) Seller will have to refund, but may require you to send the item back; if so he will have to provide the label.

4) Pay close attention to timelines and steps during the case.

Do not communicate with the seller any more except via the case.
If you send the item back without a INAD case you will not be refunded.

[varebelrose]

"Push it through eBay with not receiving item"

Very bad advice. Aside from the fact they DID recieve it and it is factually not as described, and there are messages documenting this, all the seller would have to do at that point would be to provide a tracking number that shows delivery, and the case would be closed and the buyer in the loss.

[myangelandmyprincess]

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@bcmngineering wrote:

He's already said he'll pay for the return postage, but I want the buckets I paid for and to not encourage this illegal behavior.  He'll just turn around and do it again and waste someone else's 2+ weeks trying to get them to pay more than what was agreed to. 

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I don't think him having to pay return postage and out original postage is encouraging this behavior.   You cant force a partial so you either return or keep them at the price you paid which definitely doesn't teach him anything.  And I think once one realizes that paying all that postage would end up making any possible attempt to scam this way not worth it 

[myangelandmyprincess]

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@stacy_pme wrote:

This has become a dueling match.  Push it through eBay with not receiving item, because it gives you a choice of either "I still want the item" or "return it"   and if it gets escalated, ebay will let you keep the item and refund all your money.  

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This is exactly accurate.  If the seller asks it to be returned and provides a label or the money up front to do so if it's escalated it will likely result in the same request by eBay.  

[varebelrose]

myangelandmyprincess

Rockstar

(2874 feedbacks) View listings

In response to stacy_1971

‎06-18-2021 06:53 AM

@stacy_1971 wrote:

This has become a dueling match.  Push it through eBay with not receiving item, because it gives you a choice of either "I still want the item" or "return it"   and if it gets escalated, ebay will let you keep the item and refund all your money.  

This is exactly accurate.  If the seller asks it to be returned and provides a label or the money up front to do so if it's escalated it will likely result in the same request by eBay.  

=============================

Again, this is bad advice. If they file Item Not Recieved, there will not even BE an option to return it. And assuming the seller has a tracking number, once they provide that and it shows as delivered, the case will close in seller's favor.

[varebelrose]

@stacy_1971 wrote:

This has become a dueling match.  Push it through eBay with not receiving item, because it gives you a choice of either "I still want the item" or "return it"   and if it gets escalated, ebay will let you keep the item and refund all your money.  

This is exactly accurate.  If the seller asks it to be returned and provides a label or the money up front to do so if it's escalated it will likely result in the same request by eBay.  

=============================

Again, this is bad advice. If they file Item Not Recieved, there will not even BE an option to return it. And assuming the seller has a tracking number, once they provide that and it shows as delivered, the case will close in seller's favor.

[myangelandmyprincess]

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@varebelrose wrote:

myangelandmyprincess

Rockstar

(2874 feedbacks) View listings

In response to stacy_1971

‎06-18-2021 06:53 AM

@stacy_1971 wrote:

This has become a dueling match.  Push it through eBay with not receiving item, because it gives you a choice of either "I still want the item" or "return it"   and if it gets escalated, ebay will let you keep the item and refund all your money.  

This is exactly accurate.  If the seller asks it to be returned and provides a label or the money up front to do so if it's escalated it will likely result in the same request by eBay.  

=============================

Again, this is bad advice. If they file Item Not Recieved, there will not even BE an option to return it. And assuming the seller has a tracking number, once they provide that and it shows as delivered, the case will close in seller's favor.

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Yeah sorry I was trying to that it was not exactly accurate.  

And I missed they said inr even if it was not as described they were talking about the advice of saying you want then item doesn't mean you'll get a refund without having to return if you escalate.  

[myangelandmyprincess]

@stacy_1971 wrote:

This has become a dueling match.  Push it through eBay with not receiving item, because it gives you a choice of either "I still want the item" or "return it"   and if it gets escalated, ebay will let you keep the item and refund all your money.  

This is exactly accurate.  If the seller asks it to be returned and provides a label or the money up front to do so if it's escalated it will likely result in the same request by eBay.  

=============================

Again, this is bad advice. If they file Item Not Recieved, there will not even BE an option to return it. And assuming the seller has a tracking number, once they provide that and it shows as delivered, the case will close in seller's favor.