ebay sided with buyer but USPS disposed of item before i got it back

[soluna_co]

OK long story short. I sold a Yamaha Multitrack Recorder to a buyer in Kentucky. They opened a return case and I was waiting to make sure the serial number was the same one before I Issued a full refund. Well the USPS disposed of the item and before I even knew about it the buyer opened a case against me and it closed the same day (maybe within a couple hours.) The USPS said that they disposed of it because the item was perishable.

So I ebay closed the case same day in the buyers favor so now I'm out of pocket my item and my net earnings for this order is $-30. Now if I was at fault I would 100% take it on the chin and use it as a learning lesson but I just have a gross feeling about this order. I wasnt even given a fair shake to upload any documents in the original case. Then in the appeal where I uploaded the message from the buyer with the picture of the tracking number and then a screenshot of the USPS website saying they disposed of my item they still ruled in his favor? Is this a common practice of ebay? Do they even look at the appeals or take into consideration the files us sellers upload?

To top it off, I was on the phone with the USPS and learned that he opened a claim (in my name mind you) to get the $100 of insurance money from the original tracking number. So this guy got a free $120 item ( that he's probably going to sell because I looked at his store and sells similar products.) He also got the $100 insurance money.

Sorry I kind of rambled on but Ive been needing to let someone know about this because its chapping my butt. Is there anything else I can do? I talked to ebay help yesterday and they said they was going to open the case back up because its clear that I never received the item back but on my Seller Dashboard it still is showing the case is closed in his favor?

**UPDATE** - The appeal sided in his favor, so they said my only option now is to contact USPS and try to get the insurance money back from them but obviously Ive already tried that and he beat me to it so I guess for now I'm SOL. I got to admit, this scammer is good. He covers every base to where I have no recourse. Im going to try to reach out to eBay through Facebook and gather all the documents for a Notice of Dispute as mentioned in this post. 

Thank you everyone, you all have been super helpful and have given me multiple good options to go about.

[12345jamesstamps]

'USPS said that they disposed of it because the item was perishable.

Am I assuming they sent you food or something instead of the item?

Kinda sounds like buyer knew what they were doing.

[pikabo-icu]

@soluna_co 

I would definitely be contacting USPS that insurance is for the shipper.

If they paid the buyer, they messed up!

Also contact eBay agents on their Facebook page, use a message not a post.

There are multiple issues with this case.

Explain everything as you have here and see what they say. https://www.facebook.com/ebay/ 

I am truly aghast at USPS!  This is the first time I've ever heard of this. I would be going to my local PO and/or contacting the postmaster! 

[chevymontecarlo88]

@soluna_co 

Have you opened a fraud claim with USPS?

United States Postal Inspection Service 

I agree with @12345jamesstamps that this sounds like they did know what they were doing. 

[wastingtime101]

That is crazy. You already filed the appeal with eBay which was the right move, and I hope it will be found in your favor since you had no chance to respond and the scammer got eBay CS to escalate same day.

Did you report the buyer on eBay? If not, do that.

You could also file a mail fraud report with USPS since the return had something perishable and was supposed to contain the recorder.

What was the original reason for the return? Did they claim damage through eBay and is that also what they claimed with USPS insurance?

Edit to add: sorry for anything repetitive - there were no replies when I started my response.

[kensgiftshop]

What was the reason for the return and who paid return shipping?

If you had to pay return shipping, you're responsible for whatever happens to the package.

If USPS said it was perishable and disposed of it, did they tell you what was in the package or why they couldn't deliver it?

[wastingtime101]

Also - you said this dude is a reseller of the same products. Set up a saved search for that item so you'll hopefully see if he tries to resell it on eBay.

[pikabo-icu]

What I am shocked at is: The buyer claimed the insurance on the OP's original tracking number! 

That should not be possible. 

[wastingtime101]

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@pikabo-icu wrote:

What I am shocked at is: The buyer claimed the insurance on the OP's original tracking number! 

That should not be possible. 

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Either party can file with USPS.

Only shipper can file with UPS/FedEx.

[pikabo-icu]

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@wastingtime101 wrote:

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@pikabo-icu wrote:

What I am shocked at is: The buyer claimed the insurance on the OP's original tracking number! 

That should not be possible. 

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Either party can file with USPS.

Only shipper can file with UPS/FedEx.

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@wastingtime101    Holy moly!   I was always under the impression that only the purchaser of the label could file.

That's actually scary. I don't believe I've ever read of this happening before.

It certainly seems fraudulent if buyer was already refunded via eBay. 

IMO that's something USPS should change. 

[stephenmorgan]

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@soluna_co wrote:

The USPS said that they disposed of it because the item was perishable.

 Well obviously a Yamaha Multitrack Recorder is not a perishable item.  

Ask USPS if they will provide you a written letter stating why they disposed of package. 

Ask if they are able to provide you with the package details such as package size and weight.  This may help you demonstrate to eBay that the item with the attempted return does not meet the same package size and weight as the one sent. 

Also if you can, get some type of documentation from USPS that the buyer has made a claim with the USPS for a item that was supposedly returned to you.  It may be some type of Postal Fraud with the claim being filed for a item that has been reimbursed.

Put together a sound explanation, provide the proof and then file a Notice of Dispute.  

Go here for a Notice of Dispute

Notice_of_Dispute.pdf

Read this section and follow the procedures.

18 Legal Disputes User Agreement | eBay

Sometimes you may be able to resolve this by contacting eBay thru Facebook but I don't know to do this.

[soluna_co]

Correct. The PO said it wasn't just food, but food "waste." So basically he made sure the package was undeliverable so they had to throw it out.

[wastingtime101]

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@soluna_co wrote:

Correct. The PO said it wasn't just food, but food "waste." So basically he made sure the package was undeliverable so they had to throw it out.

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So he mailed back a box of garbage. Probably leaking. What a great human.

[soluna_co]

I cant because there is already showing an open case for it. He opened the case using the original tracking number and in my name. I have contacted them and the lady I talked to at USPS was super helpful but she said all she could do was put in the notes to not pay out on this case until they get it figured out. 

Im talking to USPS and eBay almost everyday until I get this resolved. Actually Im currently on the phone with eBay now. But yea I think this buyer has definitely done this before it seems and has got a system down for extracting the most money with the seller having to jump through multiple hoops. Hes probably hoping I will just take it on the chin and move on seeing as its not a huge, huge sale. I think he does that on purpose as a seller is more likely to walk away and it doesnt draw as much attention for a $120 sale as opposed to a $1200 sale.

[soluna_co]

Yea i definitely reported the buyer. And ill look into filing a mail fraud report, might be worth it at this point. 

And yea that was the reasoning said there was dents and that there was knobs missing. I double boxed it with almost a full small roll of bubble wrap and newspaper, corner posts so I find that hard to believe.