False reason for return request / getting Ebay involved

[kensmith1966614]

Buyer claimed: "However the speed control on the DSC 50 does not work which makes it useless to me."

My listing (very first sentence): "Used Digitrax Zephyr Starter Set DCS 50 . Programs fine, but the throttle does not work"

I've just discovered that trying to get a hold of an actual person at eBay is now virtually impossible. Following eBay's instructions, I've reported the buyer, but don't want to let this set without a response back  before time runs out. Are there any suggestions for somehow getting eBay to shut this down?

[tdumonde2014]

There's a conflict in your listing. You listed it as "Used", which means it functions as intended.  When there is a conflict in your listing, the buyer wins.

[kensmith1966614]

"For parts..." isn't an option in Model Trains. Plus, taken as a whole, the item sold does function as intended.

[titipeo]

If item is not performing the function it is supposed to do, or if you can not verify that it can perform such function, the proper condition should have been "salvaged, for parts only" The buyer should know if they can make it work or not. I know that you indicated the fault, but the condition is not correct. Its sort of a gray area, because using USED will tend to yield a higher value than using SALVAGED. My introduction to this board was on a similar issue on an item I sold. Good luck. 

[donsdetour]

"Are there any suggestions for somehow getting eBay to shut this down?"

They wont shut it down:

return for refund or

let them keep it and refund: that is your options.

[titipeo]

eBay rules

1) Buyer is always right

2) Seller is always wrong

3) When in doubt, start from #1 and re-read. 

eBay will side with buyer, no matter what. Best to accept the return and refund buyer. See if you can fix the item to try and sell it, or maybe find a more understandable buyer. 

Good luck. 

[kensmith1966614]

All may not be lost. I managed to speak with an agent finally who took a look at the case and said that eBay should find in my favor.  However, she said we have to wait until the 10th to let the buyer respond to my  note that is reason was invalid. She told me that she would monitor the case and for me to call back on the 11th if there is no further response. I'm a little nervous about letting it go past the 10th and have my own personal doubts about someone actually paying attention later.

[donsdetour]

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@kensmith1966614 wrote:

All may not be lost. I managed to speak with an agent finally who took a look at the case and said that eBay should find in my favor.  However, she said we have to wait until the 10th to let the buyer respond to my  note that is reason was invalid. She told me that she would monitor the case and for me to call back on the 11th if there is no further response. I'm a little nervous about letting it go past the 10th and have my own personal doubts about someone actually paying attention later.

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Let us know how this goes, as it seems likly: as you say to be a problem with such advice...

[kensmith1966614 · Accepted solution]

Unicorns exist!

The buyer responded back saturday night and acknowledge not reading the description,  and conceded that it was their fault. I asked them if they could close the case but I haven't had a response back since then.  I got eBay to message me back today and updated them on the case. I was forwarded to a case specialist who reviewed the messages sent and decided to close the case in my favor. Total phone time tonight was only 15 minutes.

We reviewed this case and have closed it without any refund to the buyer.

The case will not affect your seller performance. Any feedback left for this transaction will be removed.

The request did not meet the criteria to be eligible for an eBay  Money Back Guarantee claim.

[stainlessenginecovers]

The reversal was ONLY done because this buyer has pulled these shenanigan's before and this Buyer has been reported from other sellers.

Moral of the story here is: REPORT ALL BUYERS THAT PULL THIS TYPE OF STUFF. Eventually, it pays off. 

How do I know this? Because as all sellers know, buyers are king and usually get away with this 90% of the time. 

[kensmith1966614]

buyer had a new account with only 5 feedback at the time of close. (Now 7) I did report them from the get-go though.