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Buyer wont return a wrong item that was sent

Hi Everybody,

 

I am a very infrequent seller on ebay and recently had a buyer who i sent a wrong item to.  AFter being notified of the wrong item being sent, I sent out the correct item without requesting a return request. I didnt know that return requests had to be initiated before the correct item could be sent.  Buyer has since got MIA since receiving the correct item.  Because i didnt have the buyer enter a return request ebay has said that they cannot do anything to assist me.  Mulitiple calls to ebay support and emails to the buyer have resulted in nothing but stress and frustration because i feel that ebay should be doing more for me then basically telling to enter a IC3/FBI claim.  The shipping labels clearly show 2 packages being sent out from me and the ebay messages clearly show that the buyer disappeared after receiving the item. 

I would love to hear back from anyone who could provide any additional information or suggestions.  I feel that the buyer is protected with multiple levels but the seller has to depend on specific scenarios for them to be protected.  I was told my mistake was that i didnt wait for the return to arrive before sending out the correct item.  Because i have never had this situation arise in the past, i sent it out thinking that ebay would clearly see that i sent 2 items out and protect me, at the very least, by charging the buyer for multiple purchases. 

 

Thanks in advance for the advice and suggestions

-RK

Message 1 of 75
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74 REPLIES 74

Buyer wont return a wrong item that was sent

basically pleases with him

to do the right thing and send them back.  Asked him to reach out multiple times and provide tracking number or any information.  Finally I had to resort to filing an IC3/FBI claim and informed him about it . 

Message 16 of 75
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Buyer wont return a wrong item that was sent


@pzdamus wrote:

basically pleases with him

to do the right thing and send them back.  Asked him to reach out multiple times and provide tracking number or any information.  Finally I had to resort to filing an IC3/FBI claim and informed him about it . 


He probably knows nothing will come of it since he didn't commit a crime. At least not one that they care about.



One life is all we have to live
Love is all we have to give

**Formerly known as MissJen316**
Message 17 of 75
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Buyer wont return a wrong item that was sent

Is it not theft?  I mean on some level it has to be, right?

Message 18 of 75
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Buyer wont return a wrong item that was sent


@pzdamus wrote:

basically pleases with him

to do the right thing and send them back.  Asked him to reach out multiple times and provide tracking number or any information.  Finally I had to resort to filing an IC3/FBI claim and informed him about it . 


Okay @pzdamus, so you asked him nicely to send the shoes back.  Did *you* send him a return label at byour expense to facilitate the return?  Or, did you simply request he return the wrong item, then when he didn't respond, you laid it on him you'd filed an IC3/FBI claim?

Message 19 of 75
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Buyer wont return a wrong item that was sent


@pzdamus wrote:

Is it not theft?  I mean on some level it has to be, right?


No, @pzdamus.   According to the FTC, if you receive merchandise you didn't order or pay for, you don't have to return nor pay for it.  It's considered a gift.

 

See: https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

Message 20 of 75
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Buyer wont return a wrong item that was sent

You can't file a IC3 or FBI claim because this was not your buyer's fault, it was your error.  Actually the law states that if you receive something you did not request, it was a gift.  

 

You basically made a mistake that no one can protect you from.  Sorry about that, but do read this Board so you know how Ebay works~no one can protect you against what you don't know~waiting to get the item back would have protected you.  Ebay does not charge buyers for something they did not order~nor will any other site.  

Message 21 of 75
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Buyer wont return a wrong item that was sent

I did not send him a label.  He basically diappeared after he received the correct item.  I have sent return instructions on how to generate the label himself but not send him the label.  I have been reaching out to him for the past 2 weeks and have gotten absolutely no response.  My responses went from cordial and polite to finally saying i filed the IC3 claim. 

Message 22 of 75
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Buyer wont return a wrong item that was sent


@pzdamus wrote:

Thanks for the reply.  I guess i can only hold on to the fact that i feel i did the right thing and tried to rectify it.


Yes, you did.  I know that is small consolation, but you have paid for your mistake, you now know better, and you know you did the right thing as you saw it.

 

Everyone makes mistakes, don't let it get you down.  

Message 23 of 75
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Buyer wont return a wrong item that was sent

Im confused cause thats what eBay customer support has been telling me to do.  Basically they said they would be willing to assist me with the claim and provide any and all information if IC3/FBI requested it.  This information came from a supervisor at eBay customer support.

Message 24 of 75
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Buyer wont return a wrong item that was sent


@pzdamus wrote:

I did not send him a label.  He basically diappeared after he received the correct item.  I have sent return instructions on how to generate the label himself but not send him the label.  I have been reaching out to him for the past 2 weeks and have gotten absolutely no response.  My responses went from cordial and polite to finally saying i filed the IC3 claim. 


I hope that doesn't have repercussions for you,  because of the law about sending things that were not requested being considered as gifts.  I don't know why you would do that, knowing you made the mistake.  Buyer was not obligated to you and is not responsible for your mistake.  It would have been nice had they responded but it was your responsibility to send a label if you wanted them back, which you did not do.  In any case, the law still does not require the return.  Sorry.

Message 25 of 75
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Buyer wont return a wrong item that was sent

Another reason why I’m so confused.  eBay knows the full story, reviewed the messages back and forth and advised me to file the claim and even used the word theft when discussing it with me.  And what makes it worse, this all came from a supervisor.  I didn’t even know about IC3 until the supervisor told me about it.  

Message 26 of 75
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Buyer wont return a wrong item that was sent


@pzdamus wrote:

Im confused cause thats what eBay customer support has been telling me to do.  Basically they said they would be willing to assist me with the claim and provide any and all information if IC3/FBI requested it.  This information came from a supervisor at eBay customer support.


I'm sorry you were told that.  You can always ask questions on this Board as well.

 

tyler@ebay

 

Sorry for the tag!  This OP was advised by CS to file an IC3/FBI claim against a buyer when the OP sent the wrong item to the buyer, and sent the right item without requiring a return or having the buyer open a item not as described case.  The law states that anything received by a buyer that was not requested is a gift.  It would have been nice if the buyer sent the item back but this was not their error.  Now the OP has filed a false IC3 FBI claim against the buyer.  Please advise us here.  Thank you so much for your help!

Message 27 of 75
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Buyer wont return a wrong item that was sent


@tiramisu41 wrote:

@pzdamus wrote:

Is it not theft?  I mean on some level it has to be, right?


No, @pzdamus.   According to the FTC, if you receive merchandise you didn't order or pay for, you don't have to return nor pay for it.  It's considered a gift.

 

See: https://www.consumer.ftc.gov/articles/0181-unordered-merchandise


Thank you, Livadia.  That is so true.  While it would be nice if the buyer did the right thing, there is no guarantee they will and it is not their responsibility to do so as it was not their error.

Message 28 of 75
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Buyer wont return a wrong item that was sent

Thanks so much for all the information guys, I really do appreciate it.  

 

I knew i should have just stayed off of eBay 😔

Message 29 of 75
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Buyer wont return a wrong item that was sent


@pzdamus wrote:

I did not send him a label.  He basically diappeared after he received the correct item.  I have sent return instructions on how to generate the label himself but not send him the label.  I have been reaching out to him for the past 2 weeks and have gotten absolutely no response. 


He might be busy flipping it himself. You might want to browse new listings in search of your item to see if you recognize it.

Message 30 of 75
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