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 ! 

[annadryl]

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@miladso7575 wrote:

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

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Your lawsuit counsel can't tell you?

[fashunu4eeuh]

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@miladso7575 wrote:

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! 

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Just need to clarify—The question is, did you manually upload the USPS tracking number into the case notes? Ebay automatically uploads your tracking for you in the sale, it does not automatically upload tracking into the case. It must be done by the seller directly into the claim. Did you do that?

As for uploading the confirmation, that is not the same as uploading the original tracking # into the case notes. Your tracking from USPS must show delivery. Not the Armenian postal confirmation. To win this case, it must be the integrated carrier of record which was the US Postal Service. 

From my other post, i mentioned that Armenia does not have the eDelCon tracking. Meaning you would lose the case regardless of your evidence of fraud. That may sound outrageous to you, and unfair, but that is how the Money Back Guarantee policy works. Scammers can prevail in an item Not Received case if they know your tracking will not show delivery confirmation. 

Tho you stated that everything was done according to policy, this is incorrect. Everything done was not in line with the Money Back Guarantee, regarding the tracking, because eBay requires an “integrated carrier”. Armenia post is not an integrated carrier of eBay. You can see the list of carriers in the policy that meet eBay’s requirement. This is how the buyer won, and you lost. 

The policy reads: “

“To protect yourself against "Item not received" claims filed through eBay Money Back Guarantee, you need to use a shipping carrier that is integrated with eBay.”

https://www.ebay.com/help/selling/shipping-items/setting-postage-options?id=4089#integrated

That is why you need to appeal, so eBay can right this ship. A real person will review your evidence and you may have a chance to get your money back  if you follow the rules as outlined in the link i sent you in post #16. Good luck.

[miladso7575]

I manually uploaded it into the case along with screenshots from the country’s postal service website. 

I even appealed their decision and guess what they ignored everything! 

[dbfolks166mt]

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.

You must have missed the following. One of the reasons you probably never see anyone return is our legal system is VERY slow and lawsuits can take years to resolve. I believe the final outcome of the Steiner's case is still pending after several years. Not sure if eBay terminates the account of somebody who files a lawsuit against them but I could see that happening. 

https://arstechnica.com/tech-policy/2021/07/lawsuit-ebay-tried-to-terrorize-stalk-and-silence-couple... 

https://www.ecommercebytes.com/tag/ebay-lawsuit/ 

[wastingtime101]

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@dbfolks166mt wrote:

I believe the final outcome of the Steiner's case is still pending after several years.

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They filed 6 months ago.

[dbfolks166mt]

@dbfolks166mt wrote:

I believe the final outcome of the Steiner's case is still pending after several years.

They filed 6 months ago.

For the civil suit yes but the criminal case and charges go back to 2019, charges were not actually filed until late 2020 and cases were not tried until July of 2021, after which they filed the civil suit. Long drawn out process. 

[luckythewinner]

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@miladso7575 wrote:

At this point I have printed all the emails and communication and I am filling a lawsuit

so yes You all will hear about this ! 

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Please post the court's website and the docket number for your case when you file it, so we can follow its progress through the courts.  

[luckythewinner]

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@miladso7575 wrote:

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. 

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Apparently it does matter, otherwise you would not need to file a lawsuit 🙂

[theteamsetguy]

Miladso7575,

In case you haven’t found someone to lawyer up with for your law suite here are some successful lawyers I recommend you meet with to gauge the prospects of you case.

Rudy Guilliani, Michael Cohen, Bill Clinton, Alan Dershowitz, Howard K. Stern, Roy Black, Gloria Allred, Kelly Ann Conway, or Michael Avennatti.

[monroe67]

"here are some successful lawyers . . . ." 

Is Kellyanne an attorney?  I know her husband is.  And a couple of the people you've named have been disbarred, I believe, at least temporarily. 

[downunder-61]

Instead of blubbering on about law suits, why don't you use eBay's chat transcript to actually appeal to eBay.

Tyler at eBay advised in the weekly chat 12/08/2022 that all CSR’s – and I quote: ‘’ Hi  - we have support teammates located all over the world, including the US, and they're all trained. 

On this premise I would obviously expect to receive good and factual advice from them, so I would copy and paste any CS transcript or refer eBay to the transcript number when appealing and requesting money be re-imbursed by eBay as I followed the directions exactly as provided by the trained CSR.

[chapeau-noir]

Yeah, call Crazy Rudy - he's probably looking for work - he hasn't had very good success rate lately but he'll probably work for cheap, given that he's gotten used to not being paid at all.

[johnrj1226]

This guy had a terrific record in Court back in the day like back in '57  (I was 13 then) and Della Street was pretty hot for the time.  Understand that in 2020 HBO has a newer PM series  going - maybe he is  as good as the original.

[moondogblues]

"Yeah, call Crazy Rudy - he's probably looking for work - he hasn't had very good success rate lately but he'll probably work for cheap, given that he's gotten used to not being paid at all."

I believe he has been disbarred....plus he's gonna be busy trying to avoid the latest subpoena.

[moondogblues]

I LOVE Perry Mason, love the cars and the clothes and the dress clips, earrings, gloves and the sheer elegance of the Fifties.  I've seen all the episodes and if there were a Time Machine I'd be there.  Phone calls were a nickel, a sandwich was 25 cents.  Tonight Della got a cultured pearl necklace for 35.00....NICE!!!

Though actually pearls are not 'in' right now and I've gotten some real deals.