eBay messed up, Lawsuit en route.

[skiskilifex]

I have a story to tell about how imcompentent eBay and why i have to sue them.  I sold a Oneplus 12 phone to a buyer in early June.  I sent the phone out in mint condition and the buyer receive the phone in mid June.  A week later the buyer sent a return request by item not as described.  The buyer states "I have a problem".  That it.  The buyer also send one picture but it in all black, showing nothing.  The buyer sent the phone back that eBay provided to the buyer.  The phone was out for delivery on July 1st but it was not delivered yet.  I got a message from Customer service stating that the buyer put out a case against me and they are reviewing the case.  Remember that post office did not comfirm that the item was delivered yet.   Twenty minutes later CS wrote back to me and stated that the case has been closed with a refund to the buyer.  It turns out that the phone was never delivered and the post office is sending it back to the buyer because the post office stated that there was no number to the address on the label.  So I immediately appeal to eBay stated stating what i just said and today ebay CS ruled in the buyer favor saying that the buyer provided valid proof that the item was delievered.  Now the real kicker is that eBay CS immediately sent we a message after the appeal to basically tell me it that i was my fault by me not updating my address and that I should talk to the buyer to ask him to resend the phone even though they already gave the buyer back his money.  LOL

Now i am ready to sue eBay to get back my money but what do ya think???  Also i will send some pictures.

[robbie31415]

Seems like eBay followed the policy.

Since it was a INAD claim any issues with return delivery are the sellers issue. Once it's RTS that's considered delivery.

Good luck with your lawsuit though.

I'd be curious to know the outcome.

[iamalwaysright]

But how did eBay mess up according to what your title says? It sounds to me the issue was the return postage label and why it had numbers missing. It can be caused by either 1) you, who provided an incomplete return address, 2) the buyer who somehow altered the return label postage enough and still be accepted by USPS, or 3) USPS who somehow read the postage wrong or made some sort of error. Either choice involves no control from eBay. They did everything they were supposed to. And yes, return to sender is considered delivery on these. That’s happened to me before a few times and I just call eBay to appeal the decision. eBay ends up awarding me the appeal or puts a halt to the buyer refund before it’s issued out thus giving more time for us to sort out the issue.

[fashunu4eeuh]

If you are considering a lawsuit, which is your right, just make sure to review the section of the eBay User Agreement entitled Legal Disputes as well as the Money Back Guarantee policy. Good luck.

[skiskilifex]

Ebay definitely take some blame here because they give the buyer an refund before getting confirmation that the item was delivered.   Ebay CS also lied on the appeal reason for stay with the original outcome.  Remember CS stated that the buyer proved that the item return was delivered when that clearly was not the case.  My address is corrent and i checked my setting to make sure that it was correct.  

[skiskilifex]

the INAD claim is clearly bogus and if ebay gave the buyer a refund before getting comfirmation from the post office then that it is on them.  Let the court decide who is in the right

[iamalwaysright]

How do you know it’s bogus when you didn’t even receive the item back yet? So if it is bogus, you’re saying that both the buyer and eBay lied to you? Interesting.

[kensgiftshop]

What do I think, there won't be any lawsuit.

Is your return address right?

Did the shipping label have the correct address or did the buyer change it?

If buyer changed it, did you get a letter from USPS stating that the label had been changed and was not addressed to you?

[kensgiftshop]

---

@skiskilifex wrote:

the INAD claim is clearly bogus and if ebay gave the buyer a refund before getting comfirmation from the post office then that it is on them.  Let the court decide who is in the right

---

When the PO sent the package back, that's the same as it being delivered and that's the confirmation they needed.

[toysaver]

If you bought the label I believe you can pay to intercept it and get it back.  Also, why the heck didn't you call your local PO????

[luckythewinner]

Before I can determine whether eBay screwed up, I need to know whether you responded promptly to the INAD, accepted the INAD, and sent a return shipping label to the buyer at your expense that had the correct address on it.

Because if you did not, then the buyer is not obligated to return the phone to you.

[ittybitnot]

@skiskilifex 

To what city/state did you originally ship this phone?   Was the address that of a freight forwarder? 

[1786davycrockett]

@skiskilifex 

"Now i am ready to sue eBay to get back my money but what do ya think??? "

I think that your legal costs to sue eBay will far exceed the value of a Oneplus 12 phone.

Is your lawyer planning to work pro bono?

[iamalwaysright]

I’m in favor of him too.

[stephenmorgan]

---

@skiskilifex wrote:

Now i am ready to sue eBay to get back my money but what do ya think???  

---

Instead of a Court Hearing why not request an Arbitration Hearing?  This is something you could do on your own without an attorney or you can hire an attorney if you wish.

With an Arbitration Hearing eBay will pay your cost of the Hearing as long as your case is not determined to be frivolous by the Arbitrator.

Your first step is to File a "Notice of Dispute" to eBay.  If you can demonstrate that eBay made the wrong decision, I am sure eBay will resolve the matter in your favor without having a Hearing.   If the matter is not resolved in your favor and you disagree with the decision, then proceed with the hearing.

https://p.ebaystatic.com/aw/help/legal/Notice_of_Dispute.pdf