Scam, Buyer returns different item than what was sent, Now they have the item for sale!?!

[3714508518]

I sold a harmonica, item #391825794033. The buyer opened a case saying it arrived with a plate off and it couldnt be screwed down. I paid for the return and got it back but the plate was not the correct one. I told the buyer that i would need the correct plate before I could refund. He said he did not collect or deal in harmonicas and therefor he could not have sent the wrong plate. I looked at his sold listings and he had recently sold a harmonica, plus He bought one off of me, so i added this info to the case and also added to the notes that ebay should look at the buyers history of returns. He closed the case right away. I got to keep the money, minus the return label,  and got to keep the now wortless harmonica as the plate is incorrect. A month goes by and I get neg feedback from the guy. Then I check his listings and now he has a harmonica for sale with a plate on it that is the same one as shown in my original listing. He has low quality pics (probably intentional as you can zoom in on all the other listings) that you cant zoom in on but there is pic in which you can see they are the same if you look real close at the edge marks and wear. Is it safe to assume that ebay will do nothing about this and there is no point in wasting time trying to talk to CS? I did report him but Im pretty sure that does nothing. 

[mam98031]

I'm glad you reported that to Ebay.  You should also call Ebay and ask for a Feedback Specialist.  See if you can't get that negative FB removed because of the claim being closed by the buyer because of the information you supplied for the claim.

Good Luck.

[fashunu4eeuh]

Well i have been reviewing policy on ebay  because i am also wondering if that feedback could be removed. If the case were to be closed in your favor, feedback would have been automatically blocked. And cases closed that do not find either party at fault are eligible for automatic defect removal, surely the feedback should be blocked in that case as well, but haven't found a definitive written policy on it. I did find some info that might help below:

The buyer violated ebay's return policy by not sending back your item in its original condition.

http://pages.ebay.com/help/policies/return-item-condition.html

(The policy states "You must return an item in the same condition as it was received, not used or altered in any way. You must also include, in the same condition as it was received...")

Also, your buyer can be reported for misusing returns. You did mention you reported him but just in case, here is the policy on that:

http://pages.ebay.com/help/policies/buying-practices.html

Good luck in contacting ebay--i think you have a good chance in getting that negative removed.

[emerald40]

@3714508518 wrote:

I sold a harmonica, item #391825794033. The buyer opened a case saying it arrived with a plate off and it couldnt be screwed down. I paid for the return and got it back but the plate was not the correct one. I told the buyer that i would need the correct plate before I could refund. He said he did not collect or deal in harmonicas and therefor he could not have sent the wrong plate. I looked at his sold listings and he had recently sold a harmonica, plus He bought one off of me, so i added this info to the case and also added to the notes that ebay should look at the buyers history of returns. He closed the case right away. I got to keep the money, minus the return label,  and got to keep the now wortless harmonica as the plate is incorrect. A month goes by and I get neg feedback from the guy. Then I check his listings and now he has a harmonica for sale with a plate on it that is the same one as shown in my original listing. He has low quality pics (probably intentional as you can zoom in on all the other listings) that you cant zoom in on but there is pic in which you can see they are the same if you look real close at the edge marks and wear. Is it safe to assume that ebay will do nothing about this and there is no point in wasting time trying to talk to CS? I did report him but Im pretty sure that does nothing. 

Unless this is a one of a kind item, how can you prove he did not buy this listed item from someone .else.

You only know it is the same as yours, not that it is yours.

[*eponymous*]

Item condition on return is not applicable when a SNAD has been filed...this to the poster upthread who mentioned that.  Also, eBay might remove the text of the neg if OP calls (it isn't removable, but that doesn't mean it "will not" be removed, but the neg rating would remain.  There's no reason to remove it, including a possible eventuality that eBay might issue some type of rebuke to the buyer.

@3714508518  You admitted the item was defective in the reply you left to the neg.  Your reply is removable for mentioning an "investigation".  Hopefully, you know there is never going to be any "investigation".  Write off losses on your taxes if you make enough profit.  Include losses in your business plan, meaning plan and fund them in advance because it is inevitable that you will be hit with a case here and there, and your agreement with the buyer is not necessary for the buyer to get their money back.

Agree with emerald that you cannot prove the buyer's listing is actually your item.

[missjen831]

Item condition IS applicable on an SNAD. There's a thread on this very board, posted this morning, that proves it. Buyer lost an SNAD because of the item condition clause. Ebay DOES enforce the policy (when the sellers knows of it and how to use it against the buyer). 

[3714508518]

Ebay customer service said they will be investigating this person. However i do agree with with you that there will not be any investigation as ebay doesnt care much about sellers. The rep said that even if said investigation resulted in this user being suspended that the feedback could not be removed.

Anyone with a little common sense, patience, and ability to zoom in and compare photos could prove he is selling an item with a part scavenged from my item (way beyond ebay customer service abilities) A mass produced item has unique wear marks. The wear marks on the item he is selling are identical  to the item he purchased  and supposedley returned. That alone is physical proof. Then you have circumstantial proof of him saying he doesnt deal in harmonicas and he Lies about the screws not being able to be reattached, and that it looks like it had repairs, and him closing the case, etc. 

Im not cocerned about the money, I got to keep the money paid, minus the reurn shipping anyways. The feedback sucks but isnt a huge deal. The fact that you can get easily scammed on a higher value item is a little scary though. 

[3714508518]

Thank you missjen, I will try that route tomorrow when I have a couple of free hours and lots of patience.

[3714508518]

I didnt "admit" anything, he sent back the wrong part which was defective, incorrect, in worse condition, and could have never been on the item purchased in the first place.