Dishonest seller abusing system and buyer ends up getting the short end /w Feedback extortion breach

[greekradio]

Hi All,

I've been on eBay since 1998 and I have to admit it's the first time I'm faced with such an awkward issue. I'm totally baffled. And I would like to have some tips from others that have faced a similar issue.

The story began in late August 2023 where I bought a 2TB Samsung Sold State Drive for USD$205 described as "New Open Box, without original packaging" and a stock photo of the drive. Pressed Buy Now and made immediate payment via credit card.

Last week I received the drive packaged in a generic anti-static bag, and noticed a ton of scratches and markings on the contact pins from usage. I then installed the drive and run the Samsung Diagnostic Software (Samsung Magician) to pull the history, only to find out that the drive is USED!  3,443 hours of operation and 5.6TB written!

I essentially offered him to issue a partial refund of $100 to compensate for the street value of a used drive. These drives used go about $100, so I think that was a fair deal, to close the case (and let's not bother leaving any feedback, as if the transaction never occurred).  NOTE: There's NO threat or mention of "Negative" feedback.

I immediately messaged the seller and wrote the following:

(exact copy-paste)

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From me: (buyer):

Here is a photo of the used SSD drive as I received. You can clearly see all the scratches.

1) You may refund me $100 to compensate for the value of a used drive (and I not leave any feedback), and consider the case closed.

2) Alternatively, I can open a return ticket for a full refund.

As you wish.

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Reply From Seller:

Hello, There's no way I am giving you a a partial refund amounting to 70% of the cost of the item, even though you're threatening and extorting to leave negative feedback if I don't give you that excessive partial refund (which is against eBay policy, very clearly - extortion of feedback to demand partial refund). The drive is brand new. You can return it. thank you

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Under this behaviour, seller clearly was acting in bad faith and not willing to settle. So I opened a return ticket and never answered him back.

I also left an appropriate negative feedback. "Seller Sold USED item as new-open box"

But the problems just began!

He reported me for extortion, and eBay put a strike against me and removed my feedback. Now I'm at risk of not getting a refund, because of a policy breach.

I wrote 2 times to customer support, explaining that I NEVER threatened seller to leave a negative feedback, I simply said lets settle and forget about leaving feedback, as if the transaction never occurred. Where do they see the threat in all this?

Seller is clearly acting in Bad Faith, and has a history to selling USED items as "new open box". Just the fact he came on top with "extortion accusations" shows he knows how to (ab)use the rules for him to come on top, and clearly has payed this card again to protect his rating.  But this is not fair!

From eBay customer support I get a bunch of automated messages and seem to maintain the Extortion breach that the seller reported.

This only encourages this and other (experienced) dishonest sellers to continue their bad bad practice knowing they will get away by playing their cards. aka mis(using) the rules.

Question: Is there any way to appeal this, and have the case checked by a real human?  Or escalate it to a supervisor?

Thank you for any suggestions.

[greekradio]

On a positive note, this discussion helps to understand the unwritten rules for which you can get a strike upon and "loose".

oh well...

[soh.maryl]

Doesn't seem that anyone labeled it "perfectly fine".

The point was that simply opening an item not as described case would have been the better choice for everyone involved.   

[house*of*paws]

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@greekradio

And reading between the lines, from responses I got, I gather that what he did is perfectly fine!

OK.

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@greekradio 

And by ‘reading between the lines’ … you are doing exactly what you accuse the seller of doing about your feedback statement:  seeing something that wasn’t intended.

Nobody said or implied that what the seller did was ‘perfectly fine’.  You were told repeatedly to file a return request for a full refund.

Deliberate misinterpretations are NOT ‘OK’.  😐

[bonjourami]

Of course its not perfectly fine, show me a response that stated that. Unfortunately, you shot your own self in the foot with the fb remark, so take some responsibility for that.

[just-me]

The seller is crappy to sell you a used item as a new open item.  I understand your frustration. 

You both break the rules, though it seems you did not intend to do so, your message does read as an ultimatum. 

The rules you broke from my view are the Feedback Extortion Policy.  "Buyers aren't allowed to use threats of negative feedback or low detailed seller ratings to try to get something that wasn't part of the original listing."  Any mention of feedback is taboo in these situations.

The other rule you broke was the Abusive Buyer Policy.  "Requesting a partial refund without returning the item"

While you may feel it is "problem solving", eBay can only go by what the screen shows so that is what you have to keep in mind.  

Just wanted to give you some food for thought moving forward on the rules that I am sure you did not mean to break.  Sorry you had a bad experience.  It is best to let the seller offer a solution or do an Item not as described return in these situations.

[greekradio]

Absolutely.  From what I understood, the system works that way...

 The dishonest seller sold me a 2TB Samsung 860 EVO SSD drive for USD$205 in which he described as "New Open Box". I bought it, just to find out it's a 2019 model and 3,443 hours of operation and 5.6TB written.

A USED 2TB Samsung 860 EVO SSD drive, in a similar condition, goes for about $100.

I offered him to refund me $100 and I keep the drive, as used.

Was that unreasonable and abusive?

Again, I'm not challenging your response, I'm just trying to understand.

But moving forward, rest assured, I'll act mechanically, and jump on the "return item to seller" with not too many words involved...

This is the sad state of our society.

Let be it!

[greekradio]

A Dishonest seller with such a high rating, definitely knows how to play his cards to come on top and get away to carry on as usual. I learned this the hard way. Moving forward....

One last question.

Tomorrow I will be heading to DHL and return the item, and since this is a "Returns" Forum, I believe my question is appropriate.

- Is there a way to certify that item I will return is the same that will be delivered to this dishonest seller?

What tells me that once he receives it, he will not claim that this wasn't the same item?

The drive has a serial number, do I put it somewhere in the label for customs or DHL to confirm that this item bearing this serial number is indeed inside the shipping box?

I just have this feeling...  and judging from his response ("the dive is new!"), I see it coming. But thank Lord I sent him a photo.

Is there a way to protect myself from happening?

[house*of*paws]

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@greekradio wrote:

Tomorrow I will be heading to DHL and return the item, and since this is a "Returns" Forum, I believe my question is appropriate.

- Is there a way to certify that item I will return is the same that will be delivered to this dishonest seller?

eBay doesn't require a buyer to prove that they returned the item they received.  As long as you use the return label provided by either eBay or the seller ... you will receive a full refund.

Why are you returning the item via DHL?  I didn't think that eBay provides DHL labels for returns.

[greekradio]

Thank you again for your response, it's truly appreciated. You really don't know how you helped me understand this part of how the system works.

The dishonest seller is in the USA and I'm in Canada.

The label has the DHL logo on it.

My understanding is that it will be shipped to an eBay hub, as the shipping address is "eBay International Shipping, eBay Returns" in Illinois.

[robbie31415]

Actually asking for a partial refund or suggesting it is against the rules.

Adding the feedback hint to a partial request is even worse.

However, a buyer should never request a partial refund as it's a violation of eBay policy.

 

[greekradio]

Thank you for your input.

1) I never requested a partial refund, as per the definition of the rules;

and

2) I never extorted negative feedback, as per the definition of the rules.

Please read again my initial message. Here it is again:

"1) You MAY refund me $100 to compensate for the value of a used drive (and I not leave any feedback), and consider the case closed."

as opposed to

I REQUEST  $100 to compensate for the value of a used drive (ELSE I WILL LEAVE YOU A NEGATIVE FEEDBACK".

There's a difference.

As far as I'm concerned, I did not breach any rules. If some people, including the seller, try to twist things to make it sound I'm an extortionist, let be it. The world is what it is... and here's an example! Wright is wrong, and wrong is right.

Let be it! 🙂

[robbie31415]

Sorry, but buyers can't ask for a partial refund of any kind even if they don't believe the item is worth the condition that was sent.

The only thing you can request is a full refund with returning the item.

Your request was a violation of eBay policy.

[robbie31415]

I didn't read that it was eIS since it was on one of your later comments.

This means the seller will never refund you or process a return.

With this shipping service the seller essentially sold it to eBay, so any refunds come out of eBays pocket and the seller was done with the transaction as soon as eBay received it at their shipping hub near Chicago.

[greekradio]

I don't know what request you're talking about, as no request was ever made. But thank you for proving my point.

[bonjourami]

This request;

1) You may refund me $100 to compensate for the value of a used drive (and I not leave any feedback), and consider the case closed.