eBay let buyer return an item and it was sent to a wrong address and it was lost!

[roy8765]

Around a month ago, I sold a used laptop on eBay, clearly mentioning in the item description that the battery was not good and it could hold only about half an hour of charge (to the best of my knowlege) and that returns were not accepted.  The buyer claimed that the battery was bad and requested a return which I declined.  However, eBay let the buyer return it and they even provided a return address to him which was 11 years old without asking me first and the laptop was sent to a wrong address.  I never received the laptop and for all practical purposes, the ~$250 laptop is lost!  I appealed eBay's decision multiple times and they always rejected my appeal and forced me to fully refund the buyer plus shipping.  Eventually I asked for their legal department and I'm considering suing eBay in a small claims court.  What are my options and chances of success here?  Any advice from the community and the sellers who have been in this situation?

This is a pretty clear mess up on eBay's part....  They turned a long time customer into an active enemy!  Any lawyers who would like to take this case on my behalf?

[duggmills]

When you became an eBay member, you signed away your legal rights to sue eBay.

[starroute-us]

@roy8765

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@roy8765 wrote:

Around a month ago, I sold a used laptop on eBay, clearly mentioning in the item description that the battery was not good and it could hold only about half an hour of charge (to the best of my knowlege) and that returns were not accepted.  The buyer claimed that the battery was bad and requested a return which I declined.  However, eBay let the buyer return it and they even provided a return address to him which was 11 years old without asking me first and the laptop was sent to a wrong address.  I never received the laptop and for all practical purposes, the ~$250 laptop is lost!  I appealed eBay's decision multiple times and they always rejected my appeal and forced me to fully refund the buyer plus shipping.  Eventually I asked for their legal department and I'm considering suing eBay in a small claims court.  What are my options and chances of success here?  Any advice from the community and the sellers who have been in this situation?

This is a pretty clear mess up on eBay's part....  They turned a long time customer into an active enemy!  Any lawyers who would like to take this case on my behalf?

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You need to update your "address for returns" in your ebay site preferences and always keep it up to date.

Sorry:( That is why you lost your appeal.

You have been very lucky for years having an invalid old address showing and not have this happen before.

[femmefan1946]

First, keep in mind that when your policy is that you do not accept returns, it does NOT mean that you do not make REFUNDS.

What you are doing is saying that you will refund (because eBay and PP will force you to) whether you get the item back or not.

You don't need a lawyer in Small Claims Court. That is actually one of the benefits of this level of civil litigation.

But- read my first statement again.

I suspect since you are on record as refusing returns, the attempted though failed return, would be moot. You said you didn't want it back.

And the Sell Your Item form notes specifically that you are required to give refunds on unsatisfactory merchandise.

This is why a No Refunds policy is counter-productive. Giving unfriendly policies cuts down on the number of buyers, and doesn't stop refund requests.

[nowthatsjustducky]

There is a place in your settings to enter an address for returns.  Just like it is on the buyer to have a valid shipping address that they can readily access, the seller has the responsibility to make sure all critical settings in their profile are correct.

In fact, I would advise verifying at least once per year that all info is up to date.  I'm afraid there is likely nothing that eBay can do for you, and you are just going to have to take the loss on this one.  Perhaps you can find out who is at the old address, and if you can't find a phone number or email address; you could send them a traditional letter and explain what happened and see if they can work with you on getting the laptop back to you.

Of course, you would have to reimburse them for shipping, or you can PayPal Friends and Family to them first and hope they are honest.  But how you go about that is up to you.

[nowthatsjustducky]

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@duggmills wrote:

When you became an eBay member, you signed away your legal rights to sue eBay.

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BZZZZT!  Nope.  What you agree to is to not participate in class action lawsuits against eBay (and that has likely been invalidated since a long time ago).  Individuals still retain their constitutional right to sue anyone for redress of grievances.

[duggmills]

I love the BZZZZT.

Now is that pronounced BZZZZT or is it BZZZZT?

[roy8765]

I clearly had mentioned that the battery was not good. Why should I have to pay for the carelessness of the buyer? Also, why doesn't eBay confirm the return address with the seller first?

[roy8765]

Because I occasionally use eBay and I have had 100% rating before this major screw-up by eBay.... Not only they're at fault for letting the buyer return the laptop, but also they provided a wrong return address without confirming it with me. I'm highly motivated to expose their questionable business practices and shady reputation.

[jason_incognito]

did you read the user agreement that you had to click that you had read?

When they sent updates and you agreed to them, did you read them.

Everything eBay did was spelled out in there. eBay did exactly what they said they would, and you agreed that they could. 

Go ahead and sue. You won't even make it to a hearing. eBay will swat down your suit before you ever see a judge.

[jason_incognito]

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@roy8765 wrote:
Because I occasionally use eBay and I have had 100% rating before this major screw-up by eBay.... Not only they're at fault for letting the buyer return the laptop, but also they provided a wrong return address without confirming it with me. I'm highly motivated to expose their questionable business practices and shady reputation.

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why should they have confirmed it with you, you provided them that address and were responsible for updating it if it changed.

[roy8765]

Are you a lawyer? Do you have any experience in such cases? If not, please let others with more expertise talk. Thank you.

[pingpong517]

well...i would guess and probably am guessing correctly...your address in the ebay preferances...for shipping/returns/your account...etc....is old..... you have to be sure all aspects of your persoanl information is correct..... did you ever update it?

they only have what you put/gave them.....so... also that would apply to paypal too......

[roy8765]

You don't need to guess! I already mentioned that the address was 11 years old.... But they should not have let the buyer return it in the first place and even if they did, they should have confirmed the return address with me. Isn't that a reasonable thing to ask?! eBay just acts like an unfair god without any oversight....

[justagirl12]

It’s your responsibility to make sure your address on file with eBay is the correct address.