Starting a lawsuit!

[miladso7575]

Hello all, 

I sold my Apple Watch back in Oct 2021 to a buyer from Armenia, I packed and shipped the item using the label purchased from eBay. In November 27th the buyer messaged me and send me a screenshot of the iCloud Lock Screen which one can only access if the watch is near the phone. In January the buyer claimed they never received the item since the USPS website did not show any update after the item left US. Ebay emailed me their policy regarding the evidence to proof the item was delivered and I provided them with a full tracking history from Armenia’s postal services website showing the item was delivered, every details 100% matches what eBay policy requires but they did not even look at and I received over 20 email from the saying the USPS is not showing update since Oct when the item left US territory. 
after a heated back and forth one of ebays employees emailed me saying i confirm the watch was delivered to the buyer since the iCloud issue and the screenshot shot he sent me from the login screen which he could only get to if he had the watch physically in their position. 
few days later again they tried to take money from my checking account and After confronting them they again are saying the item was not delivered. 

they did not even bother to look at the evidence of delivery I provided and simply they could go to that postal service website and input the tracking number purchased from eBay and confirm delivery, but they never tried and ignored my screenshots of the website. 
moreover their employee emailed me saying he confirmed delivery but yet again they are insisting they item wasn’t delivered and they are kept wanting to drain my checking account. 
At this point I have printed all the emails and communication and I am filling a lawsuit, they did not even bother investigating the new international buyer with no history on eBay but they are trying to extort a US citizen. 

so yes You all will hear about this ! 

[fashunu4eeuh]

What level of mail did you use for your package? First Class International, or International Priority? Did the package have USPS online-viewable tracking showing delivery?

I ask because Armenia isn’t one of the countries that has USPS eDel-con service, which is door to door tracking internationally with First Class International mail.

To get that level of tracking coverage that eBay accepts, i believe the USPS tracking would have to be for a Priority International upgrade or higher. It may be that an Armenian postal document confirming delivery might not be accepted by eBay. At least not on an initial Item Not Received claim. You would need to open an appeal to get an actual person to review the claim. Did you open an appeal yet?

Do not let eBay automatically open one for you, because you need to get your ducks all in a row first. Below is the policy for Appeals of an eBay Money Back Guarantee claim. I think you have a good chance at reversing the decision. It is important not to lose your cool. You want these people to see your side, and it they feel alienated, things might be dicier for you. Good luck!

https://www.ebay.com/help/selling/managing-returns-refunds/appeal-ebays-decision-return-missing-item...

[miladso7575]

I am moving forward with a lawsuit ! 

[doc-holmes]

Apple Watch to Armenia. Those 4 words don't sit right. 

[miladso7575]

I’m not a full time seller in eBay, I sold some of my personal items before holidays. 
eBay shouldn’t sale a shipping label if they know this is going to be an issue. That’s why laws have been implanted to prevent the companies from eBay to take advantage of people, policy is not a law, if a company cannot follow the policy they have implemented to avoid legal issue they better follow it and if they don’t they don’t they will get sued! 

[firesteel_surplus]

Oh goody! Another one!

I do this a lot...

Pointing that way

<<<<<<<Lawsuit line that way. That big Looooonnnngggg one.

1099k questions that way>>>>>>>>>>>

That other big long  line

Good luck

Mike

Firesteel Surplus

[downunder-61]

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@miladso7575 wrote:

I am moving forward with a lawsuit ! 

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Did you at any point upload the tracking number into the actual case to prove delivery ? From your screen shot it shows a lot of back and forth with CS, but I see no mention of you answering the actual case that was opened - if you didn't  upload into the case then procedures eBay supply for seller protection was not followed and any lawsuit will be fruitless.

You can not post correspondence here which is why your posts are being removed my mods.

[miladso7575]

Yes. The tracking number was purchased from eBay and it was added by eBay.
I uploaded the confirmation immediately after the buyer started the claim. Their policy shows their country’s postal website is sufficient if it shows zip code, date and such. Everything is inline with their policy but yet again they ignore the delivery confirmation. 
I mean you would think they would investigate the new buyer with no history but no nothing at all! 

[johnrj1226]

You sold the item and you  selected the carrier and the service  and paid the appropriate charge not eBay.

 How would eBay know there would be an issue.  Have shipped items via USPS  to Europe, Korea w/o issue and the track  only showed the  point it left the US.  I could have shipped via UPS and tracking would  have show to the  buyers address but the  price was  very high vs the item price.

Some days a diamond, some days a chunk of coal.

Hint:  Get a Philadelphia lawyer not one of those TV ad lawyer that  will stand on top  of an 18 wheeler.

[slati_2013]

There are some items you should avoid selling internationally. Anything by Apple is one. A lawsuit will cost you more money that the watch is worth.  Unfortunately you have been scammed and there is nothing anyone can do to help you. 

[miladso7575]

Let me elaborate : one of eBay employees has emailed me saying he confirms that the watch was delivered! 
It doesn’t matter what their other employees think after the fact. 

so now tell me what law in US allows companies do this ! 

[katzrul15]

@miladso7575

UP thread   ^^^^^^^

I posted a link for you to contact e-Bay CS on social media - E-bay for Business on Facebook.  Did you do that to request that they look into this for you?

Realize your end-goal might be more "rant" oriented and if so, feel free to continue to disregard, however, have found them to be quite helpful.  Also, if you lost in round 1, you typically get ONE APPEAL as a Seller.  No idea if your window is closed on that or not, but if you take the time to reach out to e-Bay as suggested in the link, they can certainly appraise you of any ability to do so, etc.

All the best.  One or twice a day/week/month (I lose track) these type(s) of threads appear on here and folks are primed and ready to SUE e-Bay and "let's start a Class-Action lawsuit" , etc etc.

In all these years, have never had someone return and post a copy or give a site-reference to their legal action enacted against e-Bay.

If you are indeed the 1st - please let us know the particulars.  Would love to follow along to see how the legal action pans out.  Good luck!

[stainlessenginecovers]

So no other Apple Watch could've been used to show the screen shot/i cloud and NOT be the exact one you sent? 

[miladso7575]

No because it was showing my iCloud account! I purposely didn’t delete it in case it gets lost and I required the buyer to send me a screenshot of the iCloud account on the watch to make sure they received it! 

so no there is absolutely no way ! 

[wrong66]

Was it sent Priority Mail International or First Class International?

[miladso7575]

Simply googling eBay’s buyers are always right lawsuit and see what this is all about. 
with a simple statement of the buyer they sided a case in his favor while I spent hours and hours emailing them evidence of delivery. 
after they ignored everything they are telling me to contact the buyer and sort it out with the buyer! But guess what they don’t let me message the buyer on ebay and all I have is a name and address! 
Discrimination and unfair practice that’s all!