07-03-2020 11:35 PM
Here's What Happened in simple Steps to make things quick.
1. Buyer Received the Live Fish. "OSCAR FISH"
2. Oscar Fish are known to Lay on their Side when stressed or feeling insecured.
3. Yes, We offer Live Arrival Guarantee.
4. That is why we have a policy On the original listing saying IF there is a DOA (Dead on Arrival) then a Photo of the fish tail Chopped Off is required.
5. The Buyer opened a return request.
6. The buyer attached a few photo of the fish dead in the bag.
7. There is no telling if the fish is really dead or just laying down. A still photo of the fish laying down can really manipulate or convince you that the fish is dead even if the fish is really alive.
8. We asked for the tail chopped off photo.
9. Buyer refused to. Claiming, he want the fish to rest in peace and not chop off the body parts.
10. We said the photo is required, and the buyer is stopped responding.
11. It is nearing the end of the case time, so we contacted Ebay customer service through chat.
12. Agent says she understand the situation and do see that the original listing Does say the photo is required.
13. Agent suggest we give the customer 48 Hours to respond. If buyer does not cooperate, then contact ebay back to proceed further. We agreed.
14. After 60 Hours, we contact Ebay again, through chat (due to Covid19)
15. A new agent reviewed the last chat and the case. Claiming because it's a request not as described, they can't do anything and if buyer refuse to respond, then the case will simply expire.
16. We want the case closed because the buyer failed to provide proof the fish is really dead.
17. The agent escalated the case as Seller opened a case on the request and the agent will put the case on hold for 5 days to allow time for the buyer to provide proof.
18. After 5 days, the case closed at buyer's favor.
19. We appeal.
20. Ebay responded within 24 hours and apologize and said their decision is correct and the buyer provided sufficient proof. They will not reverse their decision because their decision is correct.
21. We email them and demand the appeal to reopen, explained the situation again.
22. Ebay Respond within 24 hours and apologize and said they have already reviewed the case and still, will not reverse the decision.
Overall, The buyer failed to provide sufficient proof that the fish is dead, even when he was asked to do so and ignored. The listing states that the photo is required. Then Ebay escalation team also failed to notice this and closed the case at buyer's favor when the proof is insufficient or not satisfying the original listing policy.
Clearly, this is a Scam. The fish costs us $15 and the buyer bought 2. Buyer Pays for shipping, but when the refund is issued by Ebay, we took a big loss on the shipping. That is over $50 in value combined loss.
We are looking to sue Ebay or the Buyer and is seeking a Lawyer for small claim.
It may cost us a lot, but at least it teaches the buyer or Ebay a lesson. Someone has to do something to protect the sellers on ebay. I am sure I am not alone.
Maybe I am wrong, too. If I am, please explain where I am wrong so I can learn from my mistakes.
Waiting for Ebay to respond again. If not satisfying, then I am going to talk to a lawyer about this.
In the meantime, I am asking Ebay community for help and did you experience something like this, too.
If yes, Put your Username down, and When I fight this, I'll fight for us all.
07-04-2020 08:35 AM
"Sorry, Charlie..."
07-04-2020 08:43 AM
Any successful class action lawsuit can take a few years at least to settle, so factor that in as well.
07-04-2020 11:14 AM
That would be a whale of a lawsuit.
The one that got away.
You would be drowning in lawyer fees just to get 60 clams.
Wanting to sue ebay when you are violating ebay policy sounds fishy and would only create waves.
You aren't allowed to muddy the waters with crazy demands that buyers cut up fish to prove anything to you.
You are not allowed to make up your own rules in listings as ebay policy overrules you.
You refund.
It happens. It's business.
07-04-2020 11:29 AM
@gkhappyfarm wrote:Photo of the fish tail Chopped Off is required.
Okay, not only is that unnecessary, that's disgusting and creepy. I'm not squeamish, wouldn't bother me, but for most people, yeah...disgusting.
07-04-2020 12:52 PM
It's not dead, it's just resting.
07-04-2020 01:19 PM
07-04-2020 01:22 PM
Hopefully you don’t also work at a pet shop that sells cats and dogs...
07-04-2020 01:32 PM
Afternoon,
John Grisham would even have a hard time making this storyline work.
Mr C
07-04-2020 01:33 PM - edited 07-04-2020 01:35 PM
Feedback left when you're the buyer was interesting to read too
07-04-2020 01:36 PM
It’s the only way for them to really know if this person is fibbing. Poor little fishy.
07-04-2020 01:36 PM
all i can say is if your willing to spend the money for lawyer etc...for a fish...and that lawsuit get thrown out in the end (cause really you agreed to ebays terms of service) then go ahead and waste thousands for that fish.
07-04-2020 01:38 PM
Hey I got a funny idea. Let’s report them to the equivelent of the ASPCA for fish. The buyer not the seller. If they fib about the fish being dead and it’s not dead and they cut the poor little fishy up, that’s murder. LOL!!!
07-04-2020 01:43 PM
The fish was Kentucky Fried from the beginning.
07-04-2020 01:46 PM
Here in NC, a fellow was charged with animal cruelty and abandonment for moving away and leaving behind his pet oscar fish which was found in deplorable conditions.
Turns out the our law includes every vertebrate including reptiles, birds, mammals, and amphibians EXCEPT FISH. (oh, and not humans, they're covered under a different law)
07-04-2020 03:17 PM
I numbered my response to make things easier.
1. You can't make up your own rules.
2. Just the thought of a lawsuit is ridiculous.
3. Have a happy 4th of July.