Item not Returned.

[uncleroy99]

A buyer recently claimed they did not receive an item because the package was opened prior to Delivery

Confirmation.  The item was worth about $200.  The buyer claimed a return and sent me an empty envelope.

EBAY  sent me two notices to refund the buyer which I did not do because I did not receive a return.  EBAY refunded the money and charged my bank account. For a variety of reasons I believe the item was received by the buyer.  I had not insured the item.  I am a long time seller and had been Top-rated until Covid hit.

Do I have any recourse to get my money and how should I proceed?

[b86fiero]

Sorry this happened to you!

Unfortunately the only recourse is to write it off your taxes as a business loss.

[7606dennis]

Since the buyer returned to you what was delivered to them they have fulfilled their obligation under the MBG.  Did you think that they would send something that they claimed was not in the envelope that they received? 

[monster-deals]

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@uncleroy99 wrote:

Do I have any recourse to get my money and how should I proceed?

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there is no way for you to get your money back.

Proceed by refunding your buyer, reporting them and putting them on your BBL 

[coastaltechsolution]

@monster-deals 

To late eBay already refunded "buyer" so OP probably got a defect on account 

[monster-deals]

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@coastaltechsolution wrote:

@monster-deals 

To late 

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It was too late from the start, there was nothing they could have done to keep from refunding period.

[vintage-camerastuff]

Sorry this happened to you.   Because it is so easy to steal from sellers on this platform all the crooks in the world seem to have joined ebay.  When all the honest buyers and sellers leave ebay maybe they will start ripping each other off.

[coastaltechsolution]

@monster-deals 

Correct, if a bad person with bad intentions purchases then it's over from the beginning 

[johnrj1226]

Wish I could  say YES  you can try to escalate your case and offer to provide pics of what you received and the shipping label that clearly shows the address of the shipper & recipient.  More than likely you will hit a  brick wall. Your refusal to refund will work against you.  But it is worth a try-  200 buck is a lot of $$ in my book.

FYI If  a package is damaged or opened or empty prior to delivery, the USPS standard operating procedures  is to place stickers on the package to indicate the issue(s) and place it in a clear plastic bag.

[monster-deals]

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@coastaltechsolution wrote:

@monster-deals 

Correct, if a bad person with bad intentions purchases then it's over from the beginning 

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No seller gets to avoid refunding regardless of the buyer's intent.

....unless the buyer has been opted out of the MBG and we don't have access to that information.

[kensgiftshop]

@uncleroy99 

If the buyer receives an empty package, that is what they return when they file an INAD.

If the item was insured, you could have refunded the buyer and had them hang on to the package and filed an insurance claim with the carrier.

[coastaltechsolution]

@monster-deals 

correct

that was my message 

[uncleroy99 · Accepted solution]

Who would file the claim for insurance?   If the buyer files, why would they go to that extent for me especially

if they had rececived the coins and also got the refund.?   If they file, why should we even buy insurance?

[kensgiftshop]

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@uncleroy99 wrote:

Who would file the claim for insurance?   If the buyer files, why would they go to that extent for me especially

if they had rececived the coins and also got the refund.?   If they file, why should we even buy insurance?

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If the item was insured, the seller would file an insurance claim.

The buyer is covered by the MBG to get their money back.

[dbfolks166mt]

     I am going to assume your buyer opened a NAD claim with eBay rather than an INR case since all you would have had to do for an INR case is to upload the tracking information showing the item was delivered for eBay to rule in your favor. 

     I am not sure how you handled the NAD case and whether you responded to the case but it sounds like the buyer asked eBay to step in and eBay refunded the buyer. 

     As far as a claim with USPS when the buyer send back the empty envelope that voided your ability to file a claim with USPS on the outbound leg of the shipment. You could file on the return leg but that would be a false claim since you know the package came back empty. 

     In cases like this either the buyer or the seller can file an insurance claim with USPS but it is easier for the buyer to do so because they are in possession of the received package. Most buyers however do not want to expend the effort to file and USPS insurance claims are notoriously difficult to win.