Dishonest chargeback

[captainholt]

Have a buyer buy a $1000 rifle scope, requested a return, and I accepted. He furnished his own label through eBay, and sent it off. It made it all the way to my city, minus the final delivery scan. Item is nowhere to be found.

He opens a case, and during eBays investigation, he files a chargeback, closing the case and leaving only his bank as the decider. He also leaves negative feedback like a true **bleep**, eBay removed it though.

Per eBays policy, I am not responsible for the loss since I didn't furnish the label. He is. Knowing this, I think he then filed a chargeback.

I sent my proof of non-delivery, chat transcripts with eBay stating HE is at fault, as well as eBays policy on the matter. Its been a few weeks and his bank is still deciding I guess.

Since eBay is out of the equation, do you think my bank will offer some sort of protection even though they don't necessarily abide by eBays policy themselves?

I am just asking before I call them tomorrow, they are closed now so I figured I'd just get some opinions in the meantime. 

[captainholt]

I can show you what customer service told me.

[mam98031]

I'm not sure it is a written policy.  But I've been told by Ebay that the person that issues the shipping label is the one that is responsible for the package to arrive at it's destination safe and sound.  That is why they have sellers issue return shipping labels.

I agree with you that it is dangerous to allow a buyer to use a label that was not provided by the seller.  But that doesn't change who is responsible for the package.

[nocoolnamejane]

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@captainholt wrote:

I am not contacting eBay, I am contacting my bank for a fraudulent chargeback. 

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Your bank has nothing to do with this. 

The chargeback is being filed by the buyer’s CC provider and transmitted to ebay (via Adyen) who is the intermediary between you and the CC company. If the chargeback is found in the buyer’s favor, ebay will reimburse them and seek reimbursement from you which is what you agreed to by selling on ebay through the user agreement.

If you believe you have been victim of a fraud, you can file a mail fraud complaint through the USPS or sue the buyer in THEIR jurisdiction.

[mam98031]

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@captainholt wrote:

I am not contacting eBay, I am contacting my bank for a fraudulent chargeback. 

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Again, your bank can not help you.  The Chargeback is between the CCC and Managed Payments, which is Ebay.  

Ebay responsible for managing ALL Chargebacks and claims, without exception.  Just like PayPal handled all Chargeback when they were our money processor.

Calling your bank is likely a complete waste of time.  And since you are not out any money at all, what is the purpose of calling?

[mam98031]

Adyen has nothing to do with this at all.  Not on any Chargeback.  Ebay is the manager of MP.  We NEVER have to deal directly with Adyen on anything, to include chargebacks.

[captainholt]

Here is what eBay CS told me.

To be able to resolve the concern, I recommend you to continue communicating with the buyer's financial institution. I know you might be wondering why you have to consider this option. Please know that you are normally covered with your eBay Money Back Guarantee Protection Program in this kind of situations. As related, please understand that once your buyer files a chargeback dispute with their financial institution, we no longer have the option to take any further action.

I dont even know his financial institution to be able to take their advice lol.

[nocoolnamejane]

We never deal directly with Adyen, but it’s still routed through them.

OP: This is a perfect example of CS not knowing their tail from their nose. Even eBay isn’t in contact with the buyers financial institution, it’s all through MP…

[mam98031]

The buyer's financial institution is the CCC that filed the Chargeback.  And the ONLY way you can communicate with them is through Ebay.

What they are telling you is that your Buyer's CCC has is the ultimate authority on this.  And they will NOT communicate directly with you.  You have no choice but to do it through Ebay.  Ebay is the MOR [Merchant of Record] on the transaction and the CCC has to communicate with them, the MOR.  Ebay is your money processor.

And Ebay has every right to cover one of it's sellers under Seller Protection when a Chargeback is in Play.  However when they do that, then Ebay may end up paying the CCC if they rule that the buyer is to be refunded.

You don't know the buyer's CCC because that is information you are not authorized to have.

Still I don't know why you need to talk with them to begin with.  You are not out any money.  For what purpose do you want to talk to them??

[mam98031]

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@nocoolnamejane wrote:

We never deal directly with Adyen, but it’s still routed through them.

OP: This is a perfect example of CS not knowing their tail from their nose. Even eBay isn’t in contact with the buyers financial institution, it’s all through MP…

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Ebay is a licensed Money Processor to and I believe it is Ebay that is listed as the MOR [merchant of Record], so the Chargebacks have to come through Ebay.

[mam98031]

@captainholt 

BTW a little thing you should be aware of.  Your bank would have no knowledge of this Chargeback.  They are not involved in the process at all.  They have no information on it.  The Chargeback gets filed with Managed Payments, not your bank.  The CCC has no access to whom your bank is in the first place.

[captainholt]

If he wins, does the money not come directly from my checking account? It's not being held by eBay. I can report that as fraud considering the whole chargeback was dishonest from the start. Thats exactly what I will do, if I fail then so be it, but I will try. 

[dbfolks166mt]

     In addition to all the other information already provided in the other postings given you provided eBay proof that you have not received the item back I am assuming you have the tracking information. Open a missing/lost mail case with the carrier to see if they can locate the package. If you happen to loose the chargeback and the buyer is refunded you can possibly open a claim with the carrier. While insurance is not included when return labels are sent through eBay since the original buyer purchased their own label it may carry some insurance coverage. 

[dbfolks166mt]

     One interesting and kind of unique situation with regards to your case is the buyer had initially opened a case within eBay's claim process which was in process once he started the return process and shipped the item back to you. The fact that he opened a chargeback before the eBay case was completed, not sure if he closed the eBay claim or if eBay did that when he filed the chargeback, you may want to review the eBay seller chargeback protection and see if you case aligns under this coverage. 

https://www.ebay.com/help/policies/selling-policies/payment-dispute-seller-protections?id=5293 

[laststopgeneralstore]

I have had this happen before where the buyer for whatever reason goes ahead and purchases their own label even though I always have free returns. It's actually happened probably about a dozen or so times.

[bauble-babes]

@albertabrightalberta"Are you aware that as a seller, you aren't allowed to leave negative comments in the feedback for buyers? Those feedbacks are eligible for removal and YOUR account can get feedback violations."

The buyer left neg feedback, not the OP seller.