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.

[kalyoth]

Enjoy your cancelled lawsuit as it's transferred to binding arbitration in CA. Should look at the user policy more closely.

As to your situation - can go one of two ways 1) did the buyer use a prepaid return label? If yes, its generated off your address on file & you have no leg to stand on. 2) did they handwrite it & pay the return postage?

[chariot_badges]

I'm curious.   Do you plan on doing this in Superior Court?   Or Small Claims?   

In the TOS it will state where the venue is ... is it at their headquarters in San Jose?

Will you travel there to do it, or will you hire a local attorney in the Bay Area?

Some states have a law forbidding binding arbitration on things that can be settled in small claims court (small disputes).  Is your state one of those?

Have you agreed to binding arbitration in the TOS?  Who pays for it?  How much time do they have to respond to it?  

[jerseyboymusic]

DANG! I'm surprised Ebay is still in business with all these people filing lawsuits!

[kensgiftshop]

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@skiskilifex wrote:

 I got a message from Customer service stating that the buyer put out a case against me and they are reviewing the case.

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What kind of case?

What did the buyer say in the case?

[ittybitnot]

As to your situation - can go one of two ways 1) did the buyer use a prepaid return label? If yes, its generated off your address on file & you have no leg to stand on.

@kalyoth 

You left out the part that a crook can use a prepaid return label issued by eBay, and alter the address to anything they want. It is a simple matter to change the PDF.   The label still retains the original tracking number, but the carrier delivers it to the address (changed to an empty lot).  It is done all the time. 

eBay knows this happens.  They have been presented on numerous occasions photos of the altered label provided to victims of this return  scam by USPS.  eBay controls the money, they control the outcome. Until they the day they don't.  

[tobaccocardyahoo]

If you have the IMEI of the phone report it stolen and have it blacklisted.

https://www.imei.info/news/report-imei-number-lost-or-stolen/

If you do not have the IMEI number you were not qualified to sell a phone online

[doc-holmes]

All I ask is that you please please please keep us updated on the progress of your lawsuit. People Come on here almost daily advising they will sue and for some mysterious reason they never return to tell us about it. 

[stainlessenginecovers]

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@cardxcraft wrote:

method to appeal altered return label scam.

https://www.facebook.com/eBayForBusiness

https://twitter.com/askebay

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@cardxcraft 

ebay is no longer at that address on facebook

[cardxcraft]

Thanks for the update.

[evolution49]

I am experiencing a similar situation except buyer used his own label but was addressed to a grocery store across the street

[gurlcat]

Gotta say I'm embarrassed by a lot of the replies on this one.  The OP was clearly the victim of fraud and some of yall are just immediately making fun of them about the 'court' thing.  
But kudos to those offering actual advice.  

[isaiah53-57]

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@iamalwaysright wrote:

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.

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"Buyers are Liars" and ebay CS lies every time they open their mouth's(in my opinion) - What would be so hard to believe about either of these happening?

[ckimodog]

@1786davycrockett 

Wrote:  

Is your lawyer planning to work pro bono?

I can't stop laughing at this reply! lol Thank you 😆🤣😂. 

[ckimodog]

@iamalwaysright 

And don't forget this guy...

[luckythewinner]

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@gurlcat wrote:

Gotta say I'm embarrassed by a lot of the replies on this one. The OP was clearly the victim of fraud and some of yall are just immediately making fun of them about the 'court' thing.
But kudos to those offering actual advice.

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I am not surprised at all that the replies on this thread focused on the 'court' thing. 

After all, the OP's only question was "Now i am ready to sue eBay to get back my money but what do ya think?"