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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

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. 

Message 1 of 57
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56 REPLIES 56

Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

"Sorry, Charlie..."

Message 16 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

Any successful class action lawsuit can take a few years at least to settle, so factor that in as well.

Message 17 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

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.

 

-------------
Posting ID
Message 18 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.


@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.

The easier you are to offend the easier you are to control.


We seem to be getting closer and closer to a situation where nobody is responsible for what they did but we are all responsible for what somebody else did. - Thomas Sowell
Message 19 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

It's not dead, it's just resting.

deadparrot.jpg

 


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Message 20 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

chop up a dead fish for proof? ROTFLOL.

That is " 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."
You got to be kidding!
Still laughing......

Please check all of what you posted with a qualified attorney.

The above is just an opinion not intended to harm anyone.
Message 21 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

Hopefully you don’t also work at a pet shop that sells cats and dogs...

She ❤︎ Her ❤︎ Hers
Message 22 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

Afternoon,

 

John Grisham would even have a hard time making this storyline work.

 

Mr C

Message 23 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

Feedback left when you're the buyer was interesting to read too


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Message 24 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

It’s the only way for them to really know if this person is fibbing. Poor little fishy.

Message 25 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

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. 

The great truth is there isn't one
And it only gets worse since that conclusion...
...There is something about the rigid posture of a proper, authentic blind
As if extended arms reached to pass his blindness onto others.
Message 26 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

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!!!

Message 27 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

The fish was Kentucky Fried from the beginning.

Message 28 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

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)

 


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Message 29 of 57
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Who Should I sue? Ebay or the Buyer after an injustice Case Decision.

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.

 

 

Papa Was A Rolling Stone - The Temptations
Message 30 of 57
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