On July 4th I sold an iPod Touch to a guest buyer. The buyer received the iPod touch (along with a couple cases and a charger) a few days later and filed an “empty box “ SNAD claim.
I called eBay and got the "we give the buyer the benefit of the doubt" and "this is the risk of selling on-line" routines. I called Paypal- no help.
I ultimately lost the case and filed an appeal.
In my appeal I referred to the User Agreement. Hopefully, this can help others .Here is the text of my appeal.
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“I feel eBay is in violation of the eBay User Agreement. Under Section: Policy Enforcement, it states: When a buyer or seller issue arises, we may consider the user s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
This buyer was a guest with -0- history and claimed the Empty Box Claim. I have 11 years on this ebay account and over 2500 feedback score. I am a Top Rated seller. When one googles "ebay buyer claims not received item empty box"
https: www.google.com/search?q=ebay+buyer+claims+not+received+item+empty+box&ie=utf-8&oe=utf-8 E
You get over 500,000 hits. This is a well known scam and the buyer played it perfectly as eBay looks the other way on this. Also, your agent claimed that eBay gives the buyer the benefit of the doubt . I don t find that provision in your user agreement. Please let me know if (Buyer’s email address redacted)@hotmail.com has active eBay accounts under various user names. If so, please provide me with those user names. This is allowable under the privacy policy.”
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This morning I wake up to the following e-mail from eBay:
Thank you for contacting us about case XXXXXXXXXXXX for the following item:
XXXXXXXXX - Apple iPod touch 5th Generation Space Gray (32GB) Bundle with Survivor case!
We've reviewed your concerns and have reversed the outcome of the case. Within 48 hours, we'll credit the PayPal account used to provide reimbursement for this case. If you used another payment method, please open a PayPal account with the email address we have on file. This will enable you to claim your money.
The money hit my PP account about an hour later!
