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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? 

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Re: Appealing Case Decided by eBay

Who has the energy for all that? Not me. And he's gonna lose anyway. Plus he has to debate it on this forum. Hopefully, lessons are learned here.

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Re: Appealing Case Decided by eBay

Thank you for posting. I am always surprised at other sellers on this forum jumping quick with there advise to let the buyer have your items for free for any reason whatsoever. Now that a Seller is asking the question they stomping him in the ground like a fence post. It's funny I have contacted some of the sellers in this forum what offer advise to just give your items away for any reason to buyers. When the shoe is on the other foot all of a sudden not so friendly wanting to give there items away.

Message 92 of 145
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Re: Appealing Case Decided by eBay

@nessiescloset 

It is the seller that wants to keep both the money and the item, not the buyer. No one agrees with having a buyer keep the item and the money. Heck no one agrees with anyone keeping the item and the money.

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Re: Appealing Case Decided by eBay


@selex-tek wrote:

Not at all. I already have the money. The buyer just refuses to pick up their order. IF eBay does deny my appeal it will be in clear violation of the relevant eBay policy. In that case, my only and best recourse is legal action. And believe me, no large corporation is going to pay a lawyer to fight a small claim suit. They pay them automatically.


If you are appealing the case, then you already lost your money unless you did something dumb like remove your funds.  Then you face the loss of your business on Ebay and the loss of your credit rating when your account goes to collections.  

 

Message 94 of 145
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Re: Appealing Case Decided by eBay

Stealing is never in the right and offering "free shipping" when there is no free shipping is just another way to steal another person's money.   No, the seller is NOT in the right here.

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Re: Appealing Case Decided by eBay

Ironic since scammers do it all the time. Granted it was the buyers money in the first place but it was not their item. Hard to say how a court would rule on this. The purchase meets all the terms of a contract and the pickup was clearly stated as one of the terms of the contractual agreement. I would agree that a court would not allow the seller to keep both the money and the merchandise but they could just as easily rule that the buyer has to pickup the items or at least take possession of them through some means. 

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Re: Appealing Case Decided by eBay


@nessiescloset wrote:

I am always surprised at other sellers on this forum jumping quick with there advise to let the buyer have your items for free.


You should go reread. NO ONE is teling the buyer to have the item for free. The seller has the item and wants to also keep the money. I am surprised how some on this forum thinks the seller can have the item and the money and to tell the buyer to get lost.

Message 97 of 145
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Re: Appealing Case Decided by eBay

Yes, I agree it is wrong for anybody buyer or seller to keep an item and the money.

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Re: Appealing Case Decided by eBay

This is the type of post that will make eBay update that policy, and it will not be in the sellers favor. 

 

You are not going to change any buying habits. Amazon has created the standard as to what people can expect when purchasing online. Why would someone purchase items on eBay when they have to deal with sellers that refuse to cancel an order? With the boom in online shopping due to covid, it looks like it is you that needs to accept the change of how online sales and transactions are handled. You need to remember that customer is king. You could have easily ensured that both you and the customer walked away from this experience with close to zero loss, but you did not. 

 

I think another issue here may be ability for the customer to do a charge back claim. If eBay denies their INR case, all they need to do is start a charge back since they never received the item. Even if they picked the item up they could easily do a chargeback claim since you have no way to definitively prove that the item was ever picked up.

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Re: Appealing Case Decided by eBay


@anstr4434 wrote:

Stealing is never in the right and offering "free shipping" when there is no free shipping is just another way to steal another person's money.   No, the seller is NOT in the right here.


Of course they are. 

 

Doesn't change the outcome any at all. Doesn't make it good business either.

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Re: Appealing Case Decided by eBay


@monster-deals wrote:

@anstr4434 wrote:

Stealing is never in the right and offering "free shipping" when there is no free shipping is just another way to steal another person's money.   No, the seller is NOT in the right here.


Of course they are. 

 

Doesn't change the outcome any at all. Doesn't make it good business either.


Of course they are???

With out proof of collection the seller has NO protection with an item not received case.

https://www.ebay.com/help/selling/shipping-items/setting-shipping-options/local-pickup?id=4181 

 

They (Seller) are not covered by the rules of pick up only:

They are not protected from item not received: USELESS

"Proof of collection

For proof of collection, you can use the eBay app to scan the QR code or manually enter the 6 digit code the buyer received after completing their purchase.

To scan the code, go to the Arrange Pickup screen on the eBay app and tap the Scan to confirm pickup button. The item will immediately be marked as delivered. You’ll still need to mark the item as paid if you collect cash at the time of delivery.

If the buyer doesn’t have their email with the codes, a signed receipt/invoice or an eBay message from the buyer confirming they collected the item can protect you against item not received cases."

 

 

This is the risk the seller took instead of canceling the auction as they were asked.

 

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Re: Appealing Case Decided by eBay


@monster-deals wrote:

@anstr4434 wrote:

Stealing is never in the right and offering "free shipping" when there is no free shipping is just another way to steal another person's money.   No, the seller is NOT in the right here.


Of course they are. 

 

Doesn't change the outcome any at all. Doesn't make it good business either.


This is the year 2020, sellers cannot easily defraud buyers any longer.  Keeping the item and the money is theft, whether you like it or not.

 

Message 102 of 145
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Re: Appealing Case Decided by eBay


@anstr4434 wrote:

@monster-deals wrote:

@anstr4434 wrote:

Stealing is never in the right and offering "free shipping" when there is no free shipping is just another way to steal another person's money.   No, the seller is NOT in the right here.


Of course they are. 

 

Doesn't change the outcome any at all. Doesn't make it good business either.


This is the year 2020, sellers cannot easily defraud buyers any longer.  Keeping the item and the money is theft, whether you like it or not.

 


...well abandoning property doesn't work like that anywhere but on ebay.

 

So theft is about as disingenuous a word to use as possible.

 

Whether you or I like it or not has zero consequence in the matter because ebay writes their own rules and we all have to play by them.

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Re: Appealing Case Decided by eBay

Well I won my appeal today. Ebay is issuing me a full refund. 

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Re: Appealing Case Decided by eBay

First of all, I didnt defraud the buyer in any way. EBay just wrongfully granted his claim and issued him a refund. I won my case today and eBay is issuing me a full refund. 

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