@inhawaii wrote:
Serious question. I'm not sure of the answer.If you didn't receive an item to to a tracking scam and lost your INR case,
couldn't you then claim the item you received was a cheap trinket and not what you ordered?
Wouldn't you then win the INAD case and get a refund?
You don't win a Not As Described case by just claiming it was a cheap trinket. Once you file the case, the seller has to respond. Their choice is to refund without requiring the return, or to ask to have the item back first, in which case they have to pay for a Return label.
Obviously, if this is indeed a trinket scam, where they sent some piece of junk to another address within your ZIP code, then you would technically not have anything to return (which is, after all, their plan from the beginning). Similarly, I would technically not be able to tell you to stick something in a padded envelope and send it back to them using their label, thus forcing their refund as soon as it arrives at the return address.
Officially, I understand that if you lose the Item Not Received dispute because your package went to a different address, and you have confirmed this with your post office, and they have given you a statement in writing to say that the package with your tracking number was addressed to someplace else, then you should be able to win an appeal (and thus a refund) from eBay. I have no idea how many victimized buyers are successful in doing this.
