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Appealing Case Decided by eBay

I am the Seller, in the process of appealing an Item Not Received Money Back Guarantee case. The basis of my appeal is that the buyer is NOT covered by the MBG because this was a Local Pickup Only listing and the buyer did not pick up the item or have someone else pick it up for them. It clearly states in eBay policy that such cases are not covered by the MBG. I called eBay this morning and filed an appeal because there is no direct option to appeal in writing from within my eBay account. So my question is, is filing an appeal by phone the only way to file an appeal? 

Message 1 of 145
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Re: Appealing Case Decided by eBay

You're overthinking this.

 

You got the buyer's money. For a reason (any reason, eBay doesn't care which), the buyer didn't get their item. eBay wants to keep buyers happy so they refunded the buyer and will most likely maintain their original decision if you appeal.

You keep saying you know a lot about eBay's MBG and policies, but you seem to forget their number 1 rule: they will often break with policy to make the buyer whole.

She ❤︎ Her ❤︎ Hers
Message 61 of 145
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Re: Appealing Case Decided by eBay


@selex-tek wrote:

Which loophole is that?


We're not allowed to discuss such things as it may encourage others to breach eBay policies or the eBay User Agreement. It is against the spirit of the Community to suggest to other members that they do something that may be in breach of eBay policies.

 

https://community.ebay.com/t5/About-the-Community/Rules-of-Engagement/td-p/26164369

Message 62 of 145
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Re: Appealing Case Decided by eBay


@selex-tek wrote:

In a nutshell, I want buyers who attempt to get me and other sellers to ship items which are for local pickup only (a reportable offense under eBay policy) to learn that they could well end up without their item or their money if they purchase an item with the intent to force a seller to provide a shipping service not offered in the original listing. 


How do you propose to do that when you admitted that bots make these decisions automatically in the buyer's favor? If you win an appeal that money will come from eBay (via your fellow sellers' fees)- not from the buyer. The buyer isn't learning anything you want them to.

 

I get that it stinks to keep listing the same item only to have the sale fall through- and while you may technically win an appeal under eBay policy, you don't have the ethical high ground here. Responding to a buyer's bad behavior with your own bad behavior isn't the best option.

 

My personal opinion is that it would be a better idea to see how you can revise the listing to avoid the same outcome- or perhaps take that particular item and sell it elsewhere since eBay isn't working out.

Message 63 of 145
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Re: Appealing Case Decided by eBay

I will say this...

I have tried what you speak of, this isn't the first or the last time this conversation has sprung up but I can tell you it goes exactly the way it's going now, most of the members here are not supporting this cause.  See, I am well versed in policy and the ins and outs and how to win cases and all of that... I know what you are doing and why and all of that, and I am even surprised to hear the buyer was refunded so the question is this, did it come out of your account?

It probably did but I would check that.

That being said if you win an appeal I believe ebay would then issue you a courtesy refund...

 

But what you are practicing isn't the smartest way of getting paid, it works because according to the rules these LPO's fall outside the MBG but all a buyer has to say is that YOUR item showed in THEIR results when they checked FREE SHIPPING because that is what the stupid search engine does!

Buyers see YOUR "local pickup only" item in results marked "Free Shipping!"

So you might think it's the buyer's fault, but the buyer thinks you did it on purpose...

Guess that makes it ebay's fault but, well they can't fix it either.

 

So it's going to come down to that, and I know you're aggravated at having to relist these items that buyers are purchasing out of what seems like clear stupidity but you should know it's not as black and white as it may appear... And ebay will be the one issuing refunds and one day soon they may have a surprise!

Best I can offer, is find another platform for selling local pickup items.

Message 64 of 145
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Re: Appealing Case Decided by eBay


@selex-tek wrote:

So my question is, is filing an appeal by phone the only way to file an appeal? 


@selex-tek 

 

The answer to the only question you asked in your original post, no. filing an appeal by phone is not the only way to file.

 

Here's the eBay help page that provides the steps/instructions. I found it by performing an internet search for "appeal eBay's decision as a seller." Took about two seconds, and I'm not even a paralegal! I would think that profession would require better research skills, but, hey! As long as one of us can perform a Google search, I guess we're okay!

 

Appeal eBay’s decision about a return or missing item for sellers 

Message 65 of 145
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Re: Appealing Case Decided by eBay

If you have the item, isn`t it easier for you just to get your FVF and move on? You wasted time, but at least you have the item (or can get it back). Report that buyer to badbuyerlist.org

 

Dealing with robots from eBay in 99% is waste of the time, you sure can try to appeal, but those outsourced robots don`t read or comprehend their own policies. 

Message 66 of 145
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Re: Appealing Case Decided by eBay

Congrats - you might have the qualities to become a Very efficient public servant , Great thinking , Have the cake and eat it too 

Message 67 of 145
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Re: Appealing Case Decided by eBay

The buyers get to all the time if EBay says so.

Message 68 of 145
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Re: Appealing Case Decided by eBay


@selex-tek wrote:

Thanks for the response. I didnt refuse to ship the item. The item was a Local Pickup Only item. I did, however, offer to assist the buyer in arranging shipping at his expense. 


@selex-tek 

 

This one of your posts caught my attention, but got lost in the shuffle. Are you willing to assist the buyer now?

Keep in mind that the buyer hasn't received the item and hasn't yet opened a NAD case. Just curious...

Message 69 of 145
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Re: Appealing Case Decided by eBay

Once more EBay allows the buyer to have it both ways if the seller does not abide by the rules of the return policy.

Message 70 of 145
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Re: Appealing Case Decided by eBay

A little off point but what was/is the buyers excuse for not picking up the item? Sorry if this has been answered.

 

Also, you speak of terms in the listing. Many listings have terms that are not enforceable. I honestly do not claim to know everything.

 

You do not know many facts about the buyer. One example, is the owner of the buyer account the one who placed the order? 

 

What if the can prove they cannot read english and made the purchase by looking at the images. We all can split hairs...

 

There are 100 ways to get out of a contract. We are in a pandemic.  

 

 

 

 

Message 71 of 145
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Re: Appealing Case Decided by eBay

You're a paralegal? Rofl...yeah that totally makes you in the right. Keep trying, thief, keep trying to justify trying to get the item and the money.

Message 72 of 145
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Re: Appealing Case Decided by eBay


@puckbun_33 wrote:

You're a paralegal...



I know paralegals who mistake themselves for attorneys;  in fact, it's disturbingly common.   I also know this old adage is true:  "He who serves as his own counsel has a fool for a lawyer and a jackass for a client.”

Message 73 of 145
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Re: Appealing Case Decided by eBay


@coolections wrote:

@monster-deals wrote:


He didn't refuse anything, it was a local pickup.


WRONG

 

@selex-tek wrote:

the buyer demanded I cancel the order because it was too far for him to drive. I refused to cancel.


Re-read the post.

 

because this was a Local Pickup Only listing

 

That means there was no shipping.

Message 74 of 145
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Re: Appealing Case Decided by eBay


@monster-deals wrote:

@coolections wrote:

@monster-deals wrote:


He didn't refuse anything, it was a local pickup.


WRONG

 

@selex-tek wrote:

the buyer demanded I cancel the order because it was too far for him to drive. I refused to cancel.


because this was a Local Pickup Only listing

 

That means there was no shipping.


@monster-deals 

Correct, there was no shipping but the seller REFUSED to cancel when asked. Hopefully Ebay catches on to this seller's shenanigans.

Message 75 of 145
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