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?

[everything-from-trinkets-to-treasures]

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@castlemagicmemories wrote:

The thing I mentioned about the post office is referring to your ability to have it redirected to your newer address.  I wouldn't have it sent back to the sender/buyer, since that seems like a lose-lose situation too.   Why would you try and send it back to the one person who you already know does not want the laptop?   

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Thank you!

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Also this means that you refused the return and allowed the buyer to keep the laptop and the refund. ...you are making this decision not anyone else again and again it is not going to give you the outcome you think it will

[roy8765]

No, I never agreed to a return or a refund. It was unfairly forced upon me by eBay. Btw, where are all the truly independent sellers? Why only 6-7 people post so many similar replies.... I've heard enough from the cons here. Where are all the pros?!

[kensgiftshop]

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@roy8765 wrote:

So, are you saying that a Used laptop is supposed to have a 100% capacity (i.e. new) battery even if it is mentioned otherwise in its item description?! And how can it possibly be "Item Not As Described"? Show me where in MBG there's such a rule or clause. I want a precise link. Don't make rules up please! This is not even logical. I'm not new to eBay. I've been selling stuff on eBay for years and never had heard such nonsensical stuff. That's why I think your defense of eBay is highly suspicious. And if this is really the rule, maybe it is about the time for it to be changed! I'm sure judges can decide better on such cases. I now definitely need to talk to a lawyer on this case. This is not ordinary circumstances. I'm afraid eBay has messed with the wrong guy in this case!

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I listed a video camera a couple years ago, which was in great condition, had all the bells and whistles, but had a week battery.

I put in the listing that the battery was week and would probably need a new battery.

Buyer wanted to return it because the battery wouldn't last long enough to play all her videos.

Even with a new battery, it probably wouldn't play all her videos.

Even though the camera worked fine but didn't last as long as the buyer wanted, buyer wasn't happy and wanted to return it.

I could have complained and try fighting the return because the buyer got exactly what they ordered, but it wouldn't have been worth the trouble.

[roy8765]

Well, in my case the laptop is lost. It was returned as an INAD case which was clearly a mistake. Why do I have to suffer ~$300 damages because of this mess up on eBay's part?! That is a lot of money and the lawyer has already agreed to work on a contingent basis and file a complaint at a higher court. This case may have far-reaching consequences for all the sellers on eBay!

[yuzuha]

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@roy8765 wrote:
Well, in my case the laptop is lost. It was returned as an INAD case which was clearly a mistake. Why do I have to suffer ~$300 damages because of this mess up on eBay's part?! That is a lot of money and the lawyer has already agreed to work on a contingent basis and file a complaint at a higher court. This case may have far-reaching consequences for all the sellers on eBay!

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It was NOT a mistake.  YOU LISTED IT IN THE WRONG CATEGORY.  How many times do people have to say this before you will listen?

[roy8765]

No, you listen, I really don't know why you guys vehemently defend eBay like a mother defends her child, but we plan to challenge the rule that a 100% capacity battery is required to list under the Used category. Battery is not an essential component and even 5% battery qualifies as fully functional when honestly and accurately disclosed in the item description.

[yuzuha]

I've been using eBay since 1999.  I've sold a couple dozen used electronics here.  I know the rules.  I am trying to inform YOU of the rules, but you are sticking your fingers in your ears and refusing to listen.  It doesn't matter what you think the rules should be, what matters is what the rules ARE, and you did not follow those rules.  You have no case.

[buyselljack2016]

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@roy8765 wrote:
Because I never suspected that eBay would allow a return and refund as it was obvious to me that the buyer could not claim INAD due to an accurate item description (the buyer claimed the battery was bad for the reason to return which was exactly as I'd described!!) That's why I declined the return and didn't bother to check my return address. eBay didn't even send a confirmation email to me with the return address before authorizing the return. Any way if eBay is found at fault in this case, I'm sure my lawyer will make them pay for all damages (and probably a lot more than that) and it doesn't really matter that I didn't have an up-to-date return address due to the precedence of the root cause default from their side.

Btw, I did try to return it to the sender (i.e. the buyer), but the buyer does not respond to my inquiries whether he's received it or not. And the buyer does not live in Champaign either:

https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=4206182193019201...

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I have seen the tracking play out like that before on items that were being returned to me. 

It is a USPS glitch, or scanning event error.

The buyer got the laptop back.

That can be confirmed by the GPS coordinated recorded by the scanner that was used for delivery.  The # of the scanner used would also comfirm what office did the delivery. The scanner will not be at an office in Champaign. It will be at the buyer's PO.

[roy8765]

And I didn't know you were a judge. Which law school did you go to? Even under eBay's definition of Used, this was considered a "fully functional" laptop. Not perfect, but fully functional and the INAD case was a mistake on eBay's part.

[yuzuha]

A laptop that does not work without being plugged in is not fully functional, but you keep telling yourself that.  I'm done, since you won't listen to anyone but yourself.  But do keep us informed on how that court case of yours goes.

[everything-from-trinkets-to-treasures]

Actually people are trying to explain things to you...not to defend ebay. If ebay was at fault everyone would gladly say so but that is not the case. And BTW...you will rarely get everyone to agree about everything here so the fact they all are pretty much are telling you the exact same thing should tell you something.

There is also nothing to defend ebay for...you did this to yourself from beginging to end.

Now you can learn from this or you can repeat it in the future..that too is up to you and only you. And if you chose not to, which is your right, then again at some point in the future there will be consequenses to that that you will really not like either.

[goodluckselling]

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@roy8765 wrote:
Well, in my case the laptop is lost. It was returned as an INAD case which was clearly a mistake. Why do I have to suffer ~$300 damages because of this mess up on eBay's part?! That is a lot of money and the lawyer has already agreed to work on a contingent basis and file a complaint at a higher court. This case may have far-reaching consequences for all the sellers on eBay!

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Really!  You are now going back to an illegal INAD case? 

What part of I can not understand the eBay policies that have been given to me repeatedly do you not understand?

I applaud your ability to dream far beyond its reaches.  Congrats!

Good Luck Selling!

[roy8765]

I'm glad that you're finally done. Your input was duly noted. Thank you.

[roy8765]

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@buyselljack2016 wrote:

I have seen the tracking play out like that before on items that were being returned to me. 

It is a USPS glitch, or scanning event error.

The buyer got the laptop back.

That can be confirmed by the GPS coordinated recorded by the scanner that was used for delivery.  The # of the scanner used would also comfirm what office did the delivery. The scanner will not be at an office in Champaign. It will be at the buyer's PO.

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Interesting! So we're potentially dealing with a criminal buyer here....