Won my appeal, but buyer did not return all my items, is it worth pursuing a small court case?

[10cknight]

For context: My customer won the highest bid on a brand new factory sealed box of trading cards. The writing on the back of the box stated: "20 commons, 15 uncommons 10 rares, 5 ultra rares and 3 secret rares."

When they received the item, they falsely claimed that the item condition was not as described. I sent photo evidence stating that the item was exactly in new factory sealed condition as listed before delivery. eBay stated that the best way to resolve this is have the buyer return the item to me to receive a full refund.

When I received the item back, it was no longer in the same condition when I originally shipped it to the buyer. I received 25 cards back when it was supposed to be more. I saw how the rare cards looked like from other user's posts much later. The buyer took the rare cards they wanted and sent back mostly common cards they didn't want. I appealed the case showing evidence, police reports and documents of USPS Mail fraud. I won and the funds for this case were sent back to me.

I'm glad that I recently won my appeal, but I'm still concerned because the fraudulent buyer took the rare cards when I could have sold those cards to someone else. My question is: Is it worth pursuing a small claim court for the missing rare cards?

*Edit: spell check 

[buyselljack2016]

@10cknight 

I would find it hard that you would be able to prove what cards were taken from the "sealed" package. 

What I hear is that there is a "burden of proof" that must be met.

Why would you have not opened the package, and sold the valuable cards to feed your family?

I personally would not sell a $500 item for $217 minus fees.

[10cknight]

At the time, I was not aware of the value of the individual rare cards until after the incident unfortunately. The back of the sealed package states in writing that the package contained rare cards. From that statement, I knew rare cards were contained. Before I listed the item, I googled searched what the value was, but didn't see anything since at the time since it was an early release. It wasn't until after the buyer returned the (now damaged) item much later of what the value is and what the open rare cards looked like in each box from other users. Before I listed the bidding, I was not aware of the value. But you're right, I would not know the exact name of the individual cards itself that were taken from the buyer. 

 

 

 

 

*Edited for clarification since I was typing fast before lol

[toomuchstuffagain35]

No, because you have no case to pursue.

You appealed and were reimbursed for what you sold the cards for, correct?

Then you've been made whole.

You can't now try to make a case for damages of what if.

[b86fiero]

In addition to lack of proof as to what exactly was in the sealed box, eBay returned the funds from the sale to you, so in essence, you received the amount you wanted for the entire package. Plus you stated that you did receive some of the cards back.

I believe you would lose and would be out the case filing fee and other expenses if you had to travel to the Buyer's city to present your case.

[buyselljack2016]

And how could you now know the value of the cards removed from a sealed package that as I understand it is filled with random cards?  Did the buyer tell you which ones they removed?

[b86fiero]

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@10cknight wrote:

At the time, I was not aware of the value of the individual rare cards values until after the incident unfortunately. 

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How do know which "rare" cards were in the sealed package, and since you did not know, how can you assume a value for them?

Just wondering the rationale for your comment.

[stainlessenginecovers]

No, it's not worth it because

a.) you have to sue them in THEIR jurisdiction and you cannot sue for 'airfare, hotel' etc. 

b.) you have NO proof what was in the package

c.) you have NO proof that ANYTHING was even taken

Note that ebay made you whole as a courtesy, because even though you had Police Reports, USPS reports etc. you still had NO proof that ANYTHING was missing. 

[b86fiero · Accepted solution]

We are not trying to be mean to you with our comments. The vast majority of us have felt the sting of a bad buyer and understand your anger and frustration over what happened.

We are sorry this occurred and hope you take steps to prevent a similar situation in the future.

I believe that an overwhelming number of eBay buyers are honest, decent people and are a pleasure to do business with.

Best to accept the others with the attitude that they appear occasionally and buyer theft is a cost of doing business.

Good luck in the future.

Add that buyer to your blocked list if you have not yet done so.  

[10cknight]

From the back of the box (photographed on the listing before purchase) it stated: "Entire set includes: 20 commons, 15 uncommons, 10 rares, 5 ultra rares, 3 secret rares." I wasn't told until much later that the value of those listed rares that they individually could have ranged around $500-$1000 which I sadly did not know about.

 

 

[kensgiftshop]

You want the money and the cards back?

Maybe ask the buyer if you can buy the cards back from them?

You were made whole, there's nothing left to pursue.

[reallynicestamps]

@stainlessenginecovers 

DD was in Small Claims with her former neighbour a few years ago. (Fenceline tree dispute.)

The entire case was "heard" online, and there was no need for any in person attendance.

Not even Zoom. It was all posted statements.

Slow but effective.

This was in British Columbia, and things may be different in the USA.

But given the current state of technology, not being in the same location would not be a problem.

[luckythewinner]

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@10cknight wrote:

I won and the funds for this case were sent back to me

{snip}

Is it worth pursuing a small claim court for the missing rare cards?

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You chose to sell them for $X and eBay decided in your favor and gave you that amount.

You have no case. You got exactly what you sold them for, and you are owed nothing.

[10cknight]

 

 

I was going from the box stated on the back and what they contained. I would not know the exact name of the card since it was sealed before purchase, but I can see what individual rare card would have been possibly worth.

[kensgiftshop]

That doesn't mean anything now, you set the price and that's whats you got.