Buyer claims item was missing/incomplete

[candies53105]

I sold packages of Pokémon cards, completely sealed and unopened. I have sold many of these without issue. I had a buyer message me that when he received his package, the packs were not sealed and the cards were missing. They were absolutely all there when I shipped these out. He is now stating that he would like a refund, as they were not as described. We’re talking $200! What can I do?? I KNOW they were all there. 

[ittybitnot]

Is your buyer just messaging you, or filed a return on eBay? 

[hurryagain]

Oh my...

Did the buyer say anything about the package being received opened/damaged? (I bet not.)  This buyer of yours may be fishing for a partial refund (wants to deal at a better price.)

I hate to have to tell sellers the thing that I am about to say...

Did the buyer open a not as described case? (missing/incomplete falls under this category.)  If so, then it is going to be in your best interest to accept the return (yes, at your cost.)  The reason being is that if that type of  case is opened, your "does not accept returns" no longer applies because "the item was not as described."

If you either refuse to accept the return or ignore the case, the buyer can then escalate the case and eBay will make a final decision on the case (almost always) in the buyer's favor.  eBay will the close the case, and refund the buyer (at your expense) and NOT require the buyer to return your items to you either so the buyer then wins both ways - they get BOTH their money back AND your item...

AND, as if this isn't bad enough, eBay will also put a defect on your selling account because, according to eBay, you did not take care of the situation and they had to get involved.  Unfortunately for sellers, eBay does not get into the he said she said they said scenario - they go by what the buyer has stated - NAD. 

Do not let this happen.  Accept the return.  Hopefully when the buyer sees that they have to return the items for that refund, he may decide not to go through with the return process.  There are times when these types are hoping that you would fold and give into what he wants - free or a reduced price. 

I am hoping that he just goes away...

@candies53105 

[candies53105]

So I could buy anything for any amount on eBay, receive and keep it, click it’s not in the box, AND get my money back and keep the item? Seriously?? The buyer can lie, and still  keep the item and get a refund?? 

[candies53105]

So far just messaging. I had someone call me back from eBay. She suggested that I make a claim with the USPS. I do NOT want to refund someone for something I now that have and kept! AND have to give them their money back. 

[hurryagain]

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@candies53105 wrote:

So I could buy anything for any amount on eBay, receive and keep it, click it’s not in the box, AND get my money back and keep the item? Seriously?? The buyer can lie, and still  keep the item and get a refund?? 

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Is t his a missing package?  I thought the buyer got the pkg and is saying that there are opened packs and missing cards in them?  I also asked about the condition of the package as delivered to the buyer.

The scenario that I gave is based on the buyer opening a NAD case which I also asked if they did that. 

From what I am now seeing in your subsequent posts is that the buyer has not opened a case yet.  Was this pkg insured?  For $200.00 - I would have insured it.  Did the buyer take pics of this pkg?  Did they say the package arrived OPENED?  Your OP says that the buyer said "that when he received his package, the packs were not sealed and the cards were missing."  Nothing about an opened/damaged package (that you mailed his items in.)

@candies53105 

[hurryagain]

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@candies53105 wrote:

So far just messaging. I had someone call me back from eBay. She suggested that I make a claim with the USPS. I do NOT want to refund someone for something I now that have and kept! AND have to give them their money back. 

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Well, they have not opened a case yet.  As angry and annoyed as you are, try to stay pleasant through your dialog with this buyer and hopefully you can come to some resolve without that case being opened...  It does not take much for a buyer to open that NAD case.

IF they open that case, my original post will apply to your situation...

I am sorry for the unhappy news as to how eBay's MBG works. (Money back guarantee)

[buyselljack2016]

99.99% chance that the packs of cards arrived just as sent.

99.99% chance that the buyer opened it to pillage it for desired cards.

Buyer may, or may not open an INAD  dispute.  Some have done that too many times, and are no longer covered by the eBay MBG.

If they open an INAD,  then as another poster stated, you must accept/refund upon return for whatever they may send back. You pay for the return postage.

[creativecrisis]

If the buyer hasn't opened a case (yet), I'd handle it this way: Continue communicating and try to get more information. Be polite, show concern, don't accuse the buyer of anything. Tell the buyer it sounds like a case of mail tampering, and that you're going to open a post office investigation. Ask them to provide photos if possible, including the outer packaging. 

If the buyer doesn't cooperate, ask them to request a return on eBay. Provide the shipping label and require a return for refund. Report the buyer for abuse of the MBG if you believe they're lying.

[fern*wood]

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@candies53105 wrote:

So I could buy anything for any amount on eBay, receive and keep it, click it’s not in the box, AND get my money back and keep the item? Seriously?? The buyer can lie, and still  keep the item and get a refund?? 

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Of course people can lie, but thankfully, most do not.   Also, repeat offenders can lose the ability to file a not as described case with ebay. 

[m60driver]

Alas, the selling of trading cards, Pokémon cards or sports cards, is rife with scammers who open the packages to find the desirable cards and then make false claims.  This category is close to iPhones as being scam heavy.  The best way to minimize your losses is to sell smaller lots of cards as you will inevitably encounter such a scam.

[ittybitnot]

So I could buy anything for any amount on eBay, receive and keep it, click it’s not in the box, AND get my money back and keep the item? Seriously?? The buyer can lie, and still  keep the item and get a refund?? 

Basically, yes.  The claim/return process is automated.    So long as a buyer opens a "not as described" claim.  Items missing, or empty box is a not as described claim for which there is no seller protection. 

So far, it sounds like your buyer is simply "shaking the tree" to see what falls out.  Perhaps seeing what sort of partial refund you are willing to give for them to go away.  Some sellers live in such fear of a negative feedback (which no longer counts for anything) they will refund right away.   You are under no obligation to tell the buyer to open a return case much less give them instructions on how to do so.   

In these situations, going back and forth with the buyer in messages is likely not very productive. Keep it simple.  

Dear buyer,
I am sorry you are unhappy with your purchase.  Please return for refund. 
Sincerely, 
You

OR (If you have a bit more experience with this)

Dear buyer, 
I am so sorry to hear that there were items missing from your package.   I will be do my very best to assist you with this.  I will send photos of the contents to the USPS lost mail  department to see if it can be recovered if it accidentally fell out of the parcel in transit.  In addition,  I will  file the report on your behalf with the postal inspectors with regards to lost and/or  tampered mail.  Usually, a reply from this department with a case number is received within 24 hours, and I will forward it to you so that you may be kept informed of the progress and results.  Is there a daytime phone number you would like me to include so that they can contact you?  
Sincerely,
You

[fashunu4eeuh]

“Dear buyer,

i am shocked and dismayed your package was tampered with. I will leave no stone unturned to make this right. Given the value of the contents, please expect contact from the US Postal Inspectors who will investigate this crime. The post office takes theft of mail very seriously and the penalties are steep. I will also contact the police in your area and make a report. I am  very sorry you have been victimized in this way. Thank you in advance for your cooperation.

Sincerely, the Seller”

The hope is the buyer will slink away as the last thing a scammer wants is the attention of the authorities. They might “find” the missing items as well. On the other hand, if they are honest and this is a case of rifled mail, you will have more information with which to judge the matter and their role in it. Never accuse the buyer outright though. That gets you nowhere. 

If they open a case, you will have to refund. But do make reports to the authorities, and get case numbers. Whether the buyer is the culprit or not, a crime has been committed. In addition, make a report to the Internet Crime Complaint Center at ic3.gov. This is either a rifled package or a case of fraud. 

If the buyer opens a Not As Described case, come back for more help on how best to handle that and how to use the crime reports to appeal the case. Sorry this happened to you.

[cupcake51683]

This is the EXACT thing that happened to me with some slight variation.  Buyer misread my listing, opened one of the items and said that he wanted to return the entire purchase because he was "misled".  At first I politely declined because it really wasn't my fault and my listing was quite clear about the contents.  He replied that he would just file a claim and get the full reimbursement while sending back everything - even the item he opened.  Throughout the whole process I felt completely helpless since the only option I could find before the return package arrived (with only one item - he kept what he opened) was "reimburse the buyer".   I messaged the buyer after I realized what he had done and he just played dumb saying that he agreed with eBay to be reimbursed half - which I discovered was an option when investigating the return, but he actually DECLINED that option (and it was marked very clearly that way in the return details). Unfortunately, because I filed a Return Case, which they sided with the buyer within minutes of me filing, that Return Case has wiped clean any information about the declined half reimbursement because it said the case was closed since they voted in the buyers favor.  On top of this, I can't even leave the buyer bad feedback to warn others because I already reported him, so I can only leave him positive feedback!  Luckily, he already has a low feedback score (90.5%), so hopefully that will hurt him with selling, but it's also annoying because they sided with someone who has a history of bad customer service vs. someone who, by eBays' standards (and ONLY eBays' standards), is perfect!  It looks like people have found a loophole and are using this as a way to scam sellers.  This is incredibly frustrating and really leaves a bad taste in my mouth.  Worst part is that eBay couldn't care less because they are still making money hand over fist and now charging us more than they did when PayPal handled the payments.  Is there any way to prevent this or is eBay just going to continue to turn a blind eye and allow this to keep happening?

[katzrul15]

Unfortunately, as you have discovered, the Buyer will always win an item mot as described claim.

Sad, frustrating and continues to negatively impact our days and bank accounts.  It bites.