Seller Here - Buyer says I sent him wrong item

[ysusha79]

I sold new in-box speakers as used. Never taken out, but no longer needed. I recorded a video of me boxing them up, in the post office, and putting them into the receptacle (as I heard there are scammers on here). Sure enough, my first week I run into someone who sends me a picture of car speakers and claim they're from a Chrysler. I know this is not the case and have evidence to support this. However, he proceeds to claim via message that I scammed HIM and wants me to refund him. I send him the video and asked for a description of the items received and his legal name so we can figure out what happens. He declines and claims I am not a Real Seller. I do a quick Google search and see he owns a Car Audio Store and the address of his business matches the address I sent the package to. 

Is there another avenue I can take short of suing him in his hometown? Ebay customer service basically told me to kick rocks and claimed the customer is always right, even when I have some of the most damning evidence possible. I would actually love to stick it to him, especially since the plane ticket is less than $70 round-rip, and it would make a nice 2-day-trip. 

[heckofagame]

The video is worthless. It provides no legal standing.

Has the buyer filed an INAD claim for a return?

[mtgraves7984]

Were it me, I'd ask the buyer to open a Return request and I'd approve it. I find that if an item sells once, it will again. You won't have to refund until you receive the speakers back. You'll have the speakers to relist. Sorry you're going through this, but your Seller Metrics are really all you have to save. Hang in there.

[ysusha79]

The speakers he is attempting to send back (if he even sends back speakers, and not a box of nothing) are not the same speakers. He sent me a picture of entirely different speakers, busted up, from a factory car that's approximately 30 years old. 

[mtgraves7984]

---

@ysusha79 wrote:

The speakers he is attempting to send back (if he even sends back speakers, and not a box of nothing) are not the same speakers. He sent me a picture of entirely different speakers, busted up, from a factory car that's approximately 30 years old. 

---

@ysusha79 

Then it's a Road Trip! Tell the buyer that you'll be there to collect the speakers you sent before you issue a full refund. 😐

[ysusha79]

Why wouldn't a video provide legal standing? People are sued for Youtube clips all of the time. In a civil suit, I would find it hard to believe a judge would look at a video of me boxing up speakers, verifying the label, and putting it in the drop-box during the same clip useless. But then again, I've never taken someone to court for fraud. It would just be wild to assess that a USPS worker replaced the speakers as the buyer claimed to open the package as soon as he received it from the postal worker. 

Yes, the buyer just filed a INAD.

[kensgiftshop]

---

@ysusha79 wrote:

The speakers he is attempting to send back (if he even sends back speakers, and not a box of nothing) are not the same speakers. He sent me a picture of entirely different speakers, busted up, from a factory car that's approximately 30 years old. 

---

You have no way to prove that the buyer received the speakers that you claim you sent them and Ebay will always take the buyer side.

The video you took, all it proves is you can take a video.

All you can do is accept the return and refund the buyer when something is returned.

If they do send back a different item, report the buyer for abusing the MBG, file mail fraud and a police report and use the reports to appeal the case.

[ysusha79]

Yeah, I'm 99% sure I am going to take him to small claims court as I was told by my lawyer that it's a "slam dunk" if I request a postal worker opens the package with me upon receipt and it does not match the speakers in my video. Hell, it might make for good Youtube/Social Media content busting a scammer. I'm that level of petty. =]

Look forward to content. 

[mtgraves7984]

Yes, the buyer just filed a INAD.

@ysusha79 

I'd still have the buyer return the item for your $8.39 shipping vs. the cheap flight cost. The refund will happen... in full. 😖

[sapphire_studio]

Since he did file an INAD definitely accept the return.  You could call eBay once you get back the wrong speakers and try to see if you can get someone to give you the one time exception they sometimes do where they refund both parties.  If that fails then I would reduce your refund by 50% if you're a top rated seller.

 Also I would file a police report against this person and tell him that you did so and include the number of the report for him. Maybe that will scare him into closing the return or sending you back to right speakers.

[mtgraves7984]

If that fails then I would reduce your refund by 50% if you're a top rated seller.

@sapphire_studio, @ysusha79 

No TRS, No Returns. No way the refund can be reduced.

[kensgiftshop]

---

@ysusha79 wrote:

Why wouldn't a video provide legal standing? People are sued for Youtube clips all of the time. In a civil suit, I would find it hard to believe a judge would look at a video of me boxing up speakers, verifying the label, and putting it in the drop-box during the same clip useless. But then again, I've never taken someone to court for fraud. It would just be wild to assess that a USPS worker replaced the speakers as the buyer claimed to open the package as soon as he received it from the postal worker. 

Yes, the buyer just filed a INAD.

---

Because after the video ended, you can't prove you didn't get the package back and ship another one.

[kensgiftshop]

---

@ysusha79 wrote:

Yeah, I'm 99% sure I am going to take him to small claims court as I was told by my lawyer that it's a "slam dunk" if I request a postal worker opens the package with me upon receipt and it does not match the speakers in my video. Hell, it might make for good Youtube/Social Media content busting a scammer. I'm that level of petty. =]

Look forward to content. 

---

You can't prove what the buyer received unless you hand delivered it.

The postal worker doesn't know what you sent, so how will they know it's not the same speakers?

[lamber9347]

@ysusha79 Due to covid the majority of court cases are now handled via zoom, so you don't actually need to fly or drive to buyer's hometown. Things have changed regarding how cases are now held. If the price of this transaction is warranted, and you are willing to go through the trouble, then your best bet is small claims court. Many times, just the actual filing of a case is enough to get the buyer to return the item. In an actual court case is where you can provide whatever videos you have. No one at eBay will look at them but they can assist you if you choose to file a case in court. 

If you do decide to proceed, you really should come back and start a whole new thread. There are many sellers who would be interested in what you did and how your case turned out. Best of luck to you.... 

[onefootflipper]

Unless you are doing it for fun it wouldn't make any sense to sue someone out of town over a $41 set of speakers who is certainly a dead beat who will never pay the judgement even if they lose.