Issue with not receiving item from buyer refund

[jamestb5]

I sold a computer processor for $250. I was asked to send a refund (and I did) however it was my mistake to send the refund before receiving the item back. Now I am stuck without the processor returned, without the money that was paid for the processor, and lost the time it took to sell. Is there any help that can be done? Can I receive some sort of compensation now that I've lost the time, money, and the product? I contacted support and I was told to find the "email us" option on a link they sent me to contact the appeals department. There isn't an "email us" option on the link and now i can't get in contact with the appeals department. Any help please? 

[ebooksdiva]

Unfortunately, you jumped the gun and refunded the buyer before sending them a label to return.Your buyer is under no obligation to return the item to you. EBay can’t help nor compensate you since the return closed when you refunded the buyer. When you file your taxes write it off as a loss and take this unfortunate situation as a learning experience. Never refund before you receive your item back. 

[fashunu4eeuh]

Have you attempted to contact the buyer? What was the result?

 One helpful channel available to send a message to customer service is through eBay’s social media platforms. You can contact well trained, authoritative CSRs on eBay’s Facebook for Business page. Send a private message briefly outlining what happened. They will get back to you in a couple of days.

Wish you much good luck.

[playwithitagaintoys]

That sucks! Your at the mercy of the buyer now. You have to somehow convince them to return it out of the goodness of their heart, or your $250 and item will remain gone forever. Good luck 

[mam98031]

I'm so sorry this happened to you.  Many of us long timers made that mistake early on in our selling careers here too.  I know it stings, especially when it is $250 which is a lot to lose.  There is absolutely nothing Ebay can do to help you in this case, sorry.

With that said I'd create an email to send the buyer.  Stay professional and polite and just inform them of the measures you are taking.  What I'm about to suggest may or may not be actions you will actually take, but that isn't the point of the email.  It's kind of shock and awe, in the hopes they will return the item to you.  It may not work, but it will only take you a few minutes and it just might.

Here we go:

I just wanted to drop you a note to let you know that I fully refunded you on _______.  To date I have not received the tracking number for the return of the item nor have I received the item back.  At this point it does not appear that you have shipped it back.

Please be advised that if I don't get the item back within the next week I will be notifying USPS and file the appropriate complaint as it is a Federal Crime to use USPS as any part of a Fraud.  I will also file a report with the appropriate police department for theft.

I really don't want to do any of that, I just want to get the item back as was agreed and resolve this matter for both of us.  You have your money back, but I don't have my product back.  I hope you understand.

Respectfully, _______

Now that is merely a suggestion.  You can use it, edit it, or throw it out the window.  But Ebay can't help you, you have to help yourself.

I wish you nothing but the very best.  Let us know what you decide to do.

BTW you really can file a fraud complaint with USPS and you really can file a police report.

[chapeau-noir]

I would not send that email. Threatening a buyer with legal action because the seller made a mistake is IMHO inappropriate. As far as the venue of record (eBay) is concerned, the seller does not want the item back and as such the refund went according to procedure and the subject is closed. The OP can't suddenly take the situation off-line and start making threats - they have no standing. The most the OP can do is explain that he accidentally refunded and wishes the item back (offering to send a label).  I totally agree that eBay is not going to help, even the so-called 'authoritative' Facebook CS (I have not found it so). This is a frustrating mistake and I totally understand the OP's chagrin and hope the buyer ships it back.

[inhawaii]

Most law enforcement agencies would not even initiate a police report. This is a civil matter. They would advise you to take legal action.

[mam98031]

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@chapeau-noir wrote:

I would not send that email. Threatening a buyer with legal action because the seller made a mistake is IMHO inappropriate. As far as the venue of record (eBay) is concerned, the seller does not want the item back and as such the refund went according to procedure and the subject is closed. The OP can't suddenly take the situation off-line and start making threats - they have no standing. The most the OP can do is explain that he accidentally refunded and wishes the item back (offering to send a label).  I totally agree that eBay is not going to help, even the so-called 'authoritative' Facebook CS (I have not found it so). This is a frustrating mistake and I totally understand the OP's chagrin and hope the buyer ships it back.

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Stating actions that you can legally take is not considered a threat, there are merely the facts.

Ebay is the Merchant of Record, NOT the Seller of Record.

You just are mistaken.  Sellers have every right to take legal action against a buyer.  It happens all the time.

A seller of record (SoR) is the entity that is legally responsible for the sale of a product or a service to an end customer. It takes care to provide the different necessary financial elements like the payment system, channels, processors, and settlers to process payments.

A merchant of record (MoR) is a legal entity responsible for selling goods or services to an end customer. They handle all payments and take on the associated liabilities, such as collecting sales tax, ensuring Payment Card Industry (PCI) compliance, and honoring refunds and chargebacks.

It is a bit confusing to be sure.  But there is a difference.

[mam98031]

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@inhawaii wrote:

Most law enforcement agencies would not even initiate a police report. This is a civil matter. They would advise you to take legal action.

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Interesting.  I have read many threads over the years when a seller has filed a police report.  But things change so fast, maybe something has changed that I'm unaware of.

[luckythewinner]

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@mam98031 wrote:

With that said I'd create an email to send the buyer.  Stay professional and polite and just inform them of the measures you are taking. 

Please be advised that if I don't get the item back within the next week I will be notifying USPS and file the appropriate complaint as it is a Federal Crime to use USPS as any part of a Fraud. 

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Wow.

Stay professional, but accuse the buyer of fraud?

It is not "fraud" for a buyer to file a Money Back Guarantee dispute that the seller subsequently botches.

[slippinjimmy]

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@mam98031 wrote:

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@inhawaii wrote:

Most law enforcement agencies would not even initiate a police report. This is a civil matter. They would advise you to take legal action.

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Interesting.  I have read many threads over the years when a seller has filed a police report.  But things change so fast, maybe something has changed that I'm unaware of.

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Sellers file a police report NOT because the police will do anything but rather to present the police report to eBay for use in an appeal of an eBay case that they lost. This is most often done in a "box of rocks" return.

The reason for this....

Anyone can tell eBay anything, there is no legal penalty for lying. Filing a false police report is a felony so producing a police report for eBay gives much more credibility than anything you tell eBay over the phone. It doesn't mean an automatic win of an appeal but it helps.

I agree that police will generally give the absolute lowest priority to this type of report and will probably try to discourage the filing in the first place but the point of the report is not to have the police actually investigate.

[mam98031]

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@luckythewinner wrote:

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@mam98031 wrote:

With that said I'd create an email to send the buyer.  Stay professional and polite and just inform them of the measures you are taking. 

Please be advised that if I don't get the item back within the next week I will be notifying USPS and file the appropriate complaint as it is a Federal Crime to use USPS as any part of a Fraud. 

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Wow.

Stay professional, but accuse the buyer of fraud?

It is not "fraud" for a buyer to file a Money Back Guarantee dispute that the seller subsequently botches.

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Nothing I posted said it was.  Don't read between the lines, I'm pretty good about saying what I mean, whether you agree with it or not is completely different.

[chapeau-noir]

You just are mistaken. Sellers have every right to take legal action against a buyer. It happens all the time.

But this has no standing. We're vendors on a managed marketplace, and this particular action, however mistaken, was in accordance to the rules of this marketplace, however mistaken the transaction was.

[mam98031]

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@chapeau-noir wrote:

You just are mistaken. Sellers have every right to take legal action against a buyer. It happens all the time.

But this has no standing. We're vendors on a managed marketplace, and this particular action, however mistaken, was in accordance to the rules of this marketplace, however mistaken the transaction was.

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I don't agree.  We see it differently.  We are NOT "vendors" of the marketplace.  We are the Seller of Record.