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?

[roy8765]

I asked you to please cut the clutter. You're not helping anyone.

[everything-from-trinkets-to-treasures]

And if got returned to the buyer..then what?? Buyer still did what they were required to do and sent it to the address you had on file. Not there fault it was not your correct address. it was one you had on file as the correct address.
You are going to blame them because maybe the people at your old address sent it back?? The address that should not have been on file as yours??


Is there a law about using someone else's address as yours when it is not???? Could that possibly be a form of mail fraud?? Hmmmm. Someone should check that with a lawyer or the postmaster.

[roy8765]

@everything-from-trinkets-to-treasures
With all due respect, I'll ignore your posts going forward.

[everything-from-trinkets-to-treasures]

And I just looked it up.....and this is what it says about it....

If you do not live at the other address and do not have permission to have your mail received there it is illegal.

And this is from a legal site and directly from an attorney


So it appears you may be once again making this worse for yourself

[roy8765]

As I mentioned earlier, eBay messed with the wrong guy.  If I was not sure that I didn't do anything wrong or dishonest, I wouldn't have gone to this extent...  Basically eBay turned me into an active enemy by this hassel that they caused me.  They need to undertand that some people get offended when they percieve that their rights are violated or they're unfairly punished.  

[everything-from-trinkets-to-treasures]

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@everything-from-trinkets-to-treasures wrote:

And I just looked it up.....and this is what it says about it....

If you do not live at the other address and do not have permission to have your mail received there it is illegal.

And this is from a legal site and directly from an attorney


So it appears you may be once again making this worse for yourself

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And actually this was answered by a few different attorneys...all the same answer too,

[everything-from-trinkets-to-treasures]

You are not a threat to ebay...not at all ..not even a little bit....and still have nothing substantial or factual behind you but there still is the issue of illegally using someone else address as your own now too it seems on top of everything else.

[castlemagicmemories]

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@roy8765 wrote:
Because I knew who the buyer was, but I had no clue who lived in my 11 year old address... It's quite possible that the buyer has indeed received the laptop and is trying to steal it.

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Wish you had re-directed it to yourself at your correct address.  You would have it back by now.

[castlemagicmemories]

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@castlemagicmemories wrote:

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@roy8765 wrote:
Because I knew who the buyer was, but I had no clue who lived in my 11 year old address... It's quite possible that the buyer has indeed received the laptop and is trying to steal it.

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Wish you had re-directed it to yourself at your correct address.  You would have it back by now.

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I understand you said that they wouldn't let you do that.  

[cadbury0007]

I saw this posted somewhere else and thought it might be worth sharing here.  It could make what you're planning moot if it's true.

" every member who uses the site has agreed to binding arbitration in lieu of most legal actions"

I know this is about a different subject, but it could have a big impact on any legal actions by any eBay user.  A good lawyer would want to look for the loopholes, if any.

Trying to help...

[roy8765]

I don't think you can sign your right of due legal process away. There are ways to bring such lawsuits and eBay is currently dealing with many of them. Any way lawyers know these things better and I have nothing to lose. That's why when they win, big companies have to cough up a lot of money. It's no longer just a matter of few hundred dollars... I'm sure eBay will regret their unfair decision in this case later on. Would be a good lesson!

[keziak]

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@roy8765 wrote:

I don't think you can sign your right of due legal process away. There are ways to bring such lawsuits and eBay is currently dealing with many of them. Any way lawyers know these things better and I have nothing to lose. That's why when they win, big companies have to cough up a lot of money. It's no longer just a matter of few hundred dollars... I'm sure eBay will regret their unfair decision in this case later on. Would be a good lesson!

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Soooo....are you going to sue Ebay and expect them to have to pay you a bunch of money in damages? 

Be sure to come back and let us know how that worked out.

[roy8765]

As I said, I have nothing to lose. I've already lost my laptop and my money... But this could take a very very long time. All this hassle could have been avoided easily if the eBay employees didn't make a mistake on their INAD decision against me when a completely accurate and honest description was provided under the "No Returns" policy.

[roy8765]

Also, the fact that the buyer may be trying to pouch my returned laptop now shows his character when he requested a return and refund the first time around... Unfortunately a bad buyer started all this and eBay let him do it.

[goodluckselling]

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@roy8765 wrote:
As I said, I have nothing to lose. I've already lost my laptop and my money... But this could take a very very long time. All this hassle could have been avoided easily if the eBay employees didn't make a mistake on their INAD decision against me when a completely accurate and honest description was provided under the "No Returns" policy.

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The process in entirely automated until the request gets escalated into a case.  Only after this happens does an eBay employee get involved.  I have outlined the process earlier in this thread for you. 

 Basically in your transaction both parties made mistakes. 

• The buyer should have made a buying decision based on all the info provided by you the seller.
• The seller listed it incorrectly
• eBay case worker saw the info you put in about the battery.  They also saw the reason for the return request,
• so next they look at the condition the item was listed as
• and was able to determine mistakes from both parties
• so they approve the return under the MBG 
• so both parties can start over again.

Your problem is really about the old address on file.  This is where if you want to pursue it is probably your best path forward. 

I want to invite you to participate in the weekly chat which happens in the afternoon every Wednesday.  Here is a link to the weekly chat board  -  Click Here

This will give you the opportunity to gather more research for your lawsuit.  You can ask questions to real eBay employees and get a response from them.  They claim to answer all questions in the weekly chat.

Everyone in this thread are just eBay users like yourself.  We are offering you our opinions as we have learned them and facts as we find them for you.

What you really need is to hear from eBay staff about your issue.  That will help you moving forward.

Good Luck Selling!