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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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Appealing Case Decided by eBay

Try social media:

 

https://twitter.com/askebay
https://www.facebook.com/eBay/

 

I suspect eBay will find for the buyer. No receipt of item they will refund.

 

Of course they also requested a cancel which is in their favor also.

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Appealing Case Decided by eBay

On the surface, what you suggest would normally seem a perfectly reasonable response from a seller in my position. In most cases I would agree. However, after numerous buyers purchased my Local Pickup Only items, then tried force me to ship the item, I have chosen to take a different tact. I am not at all concerned about how much time I may have to spend. When it is clear that a buyer was aware of the terms of the sale, and is only seeking to get me to ship an item that was for Local Pickup Only, then I will no longer cancel the order automatically upon the buyer's request. They will need to pick up the item, arrange to have it picked up on their behalf, or arrange to have it shipped at their expense. If they do not do so then under State Law the item eventually is considered abandoned and I can legally do whatever I want with the item. 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. 

 

 

 

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Appealing Case Decided by eBay

Thanks for your interest. Its very interesting. Although the eBay bot closed the case in the buyer's favor automatically, it did not result in a defect and the case does not appear in my case list of cases not resolved by seller. However, I would not care even if it did result in a ding on my account. My interest is in stopping buyers from knowingly purchasing Local Pickup Only items, with the intent to force the seller to provide shipping services not offered in the listing. 

Message 33 of 145
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Appealing Case Decided by eBay

I meant to add, that I must disagree based on my experience that it never works out for a seller to refuse to cancel the item. It depends on the circumstances and the relevant eBay policy. 

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Appealing Case Decided by eBay

Do you honestly think keeping a buyer's five hundred dollars just to prove a point is the best way to go here?  That wouldn't be a "win" I'd feel too good about and it isn't going to keep this from happening.   The best way to avoid it is to ditch pick up only.

 

Maybe someone can help with the rules here.

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Appealing Case Decided by eBay

You may not be aware that the initial decision in an INR case is done by an eBay bot, not a live person, and is automatic when a seller has not provided tracking or proof of delivery. Therefore, the automatic (and temporary) decision of the bot is not an indication that eBay has determined the case based on applicable eBay Policy. 

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Appealing Case Decided by eBay


@selex-tek wrote:

On the surface, what you suggest would normally seem a perfectly reasonable response from a seller in my position. In most cases I would agree. However, after numerous buyers purchased my Local Pickup Only items, then tried force me to ship the item, I have chosen to take a different tact. I am not at all concerned about how much time I may have to spend. When it is clear that a buyer was aware of the terms of the sale, and is only seeking to get me to ship an item that was for Local Pickup Only, then I will no longer cancel the order automatically upon the buyer's request. They will need to pick up the item, arrange to have it picked up on their behalf, or arrange to have it shipped at their expense. If they do not do so then under State Law the item eventually is considered abandoned and I can legally do whatever I want with the item. 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. 

 

 

 


Okay.   Everyone needs a hobby.

Message 37 of 145
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Appealing Case Decided by eBay

I meant to add, that the way I will get eBay to reverse the initial decision ( which as I explained is done automatically by a bot) is to appeal the decision, which I am doing. Lastly, should eBay subsequently fail to adhere to its own policies, I will simply take the case to small claims court. I have succesfully filed many small claim suits against large corporations including Fedex, UPS, and my local bank. Often, all I have needed to do is send a legal Demand Letter to the company's Registered Agent in my State, with a threat of legal action if my demands are not met within 30 days of delivery, to get a check in the mail to me.

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Appealing Case Decided by eBay


@selex-tek wrote:

That is a knowledgeable and informed response. If a buyer purchases an item and just never picks it up, then it becomes abandoned property in accordance with the applicable State laws. Its entirely the buyer's responsibility, unless the buyer was hindered by the seller from picking up their purchase. So in fact it is entirely possible under such circumstances for a seller to end up with the money and the item both.


All I'm saying is if the buyer doesn't care enough to get their item, neither do I.

 

Lots of return to sender items end up that way...I'm not a babysitter. 

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Appealing Case Decided by eBay

Thanks. Out of curiosity I will look into that. Did not know eBay had a Facebook page. Good to know.

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Appealing Case Decided by eBay


@selex-tek wrote:

I meant to add, that the way I will get eBay to reverse the initial decision ( which as I explained is done automatically by a bot) is to appeal the decision, which I am doing. Lastly, should eBay subsequently fail to adhere to its own policies, I will simply take the case to small claims court. I have succesfully filed many small claim suits against large corporations including Fedex, UPS, and my local bank. Often, all I have needed to do is send a legal Demand Letter to the company's Registered Agent in my State, with a threat of legal action if my demands are not met within 30 days of delivery, to get a check in the mail to me.


So this is about you getting money from eBay.

Good luck you might just win.

Message 41 of 145
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Appealing Case Decided by eBay

Unfortunately, a seller can no longer insist on cash only at pickup. Believe me, that would have been my option had it been allowed. Also, I appreciate your opinion. I have already made a business decision as to how I will handle cases such as this going forward. When it is clear to me that a buyer is attempting to extort me into providing  shipping service on a Local Pickup Only listing, ( a violation of eBay buyers policy) I will refuse to cancel every time. We will see how eBay decides the appeal and whether they stick to their own policy. Since the MBG policy is clear in this matter, I believe I will win the appeal. But for the record, I dont care how much time it takes for me to handle such cases. My only question is, how to submit supporting documentation for an appeal if the only means of appeal is by phone. But I can see now thar I should just call eBay again and ask them directly. Thank you.

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Appealing Case Decided by eBay


@selex-tek wrote:

You may not be aware that the initial decision in an INR case is done by an eBay bot, not a live person, and is automatic when a seller has not provided tracking or proof of delivery. Therefore, the automatic (and temporary) decision of the bot is not an indication that eBay has determined the case based on applicable eBay Policy. 


Correct, but it would not be worth my time to attempt the overturn just to prove a point.

 

You can not train the "masses" by refusing to refund a few numpty buyers, but you are certainly allowed to proceed to obtain some personal satisfaction from your accomplishments.

 

30 cent loss, a few mouse clicks, and life goes on.  Rinse, repeat.

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Appealing Case Decided by eBay


@selex-tek wrote:

the buyer demanded I cancel the order because it was too far for him to drive. I refused to cancel. Hopefully no appeal will work for you. (


Why in the world would you refuse to cancel an order that you refused to ship ? Now you are attempting to steal the buyer's cash. WOW, I doubt Ebay will grant any sort of an appeal. You owe the buyer his money back. Sell your item to someone else.

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Appealing Case Decided by eBay

Hi and thanks for your response. I will definitely check out the social media aspect for future reference. However, I believe that since the policy is crystal clear in this matter, that I will win the appeal. As I stated previously, when the case is a matter of Local Pickup Only, a buyer who fails to pick up their item is not covered by the Money Back Guarantee. 

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