Am I being Scammed?

[justing123456]

Hi everyone, the back story is actually quite long so thank you for taking the time to read this.

On 9/14/19 I bought an item(Nintendo switch game) listed as "Brand-New" from a seller with 95% rating. The seller is registered 2017 from Vietnam, but his/her reviews have been all good the past month so I took a gamble.  The item's shipping location according to the listing is San Clemente CA. Estimated delivery date is 10/4/19 to my place in Covina, CA, some 60 miles north of the item's supposed location.

All is normal, until last night 9/18/19 I received a package delivery notification from FedEx, saying there's a package on the way to me, delivery estimated on 9/19/19. I have notifications on from my FedEx Delivery Manager Service. I haven't received notification from ebay nor the seller about my package being shipped, much less delivered. So I was very curious.

I used the provided tracking number to look up more info. The package sender is a Walmart from El Centro, CA. Warning bells immediately went off because I NEVER have ordered from Walmart this past year. Yet this package is being delivered to MY ADDRESS and under MY NAME, but the phone number is different. Furthermore, the package was picked up in Yuma, AZ even though the Walmart that the order originated from is in CA. But that may just be a warehouse shipping issue.

So I decided to first contact FedEx about this mysterious package. But to my surprise, they told me that the sender, Walmart, requested a stop delivery earlier this evening and so the package will be returned back to Walmart. The delivery status was changed to "Pending" on the FedEx tracker.

So I called Walmart's customer service, they confirmed that the package's original destination is indeed my address. But they have not received any orders to cancel the item, nor have they contacted FedEx to stop shipment.

What is more interesting is that, the name of person who ordered the item from Walmart is different from the name of my seller. And the price that was paid to Walmart(from the mysterious 3rd party) is higher than what I paid the ebay seller. (I paid ~$43 on ebay, but Walmart said they received ~$54). So I'm so confused as to what happened there. Even if they were doing a drop-ship, the seller would still be losing money. Unless they are planning to do a bait-and-switch, but I bought it labeled as "Brand-New" so I can still dispute with ebay.

I've emailed the ebay seller, but I have yet to receive a response, will wait a few more days.

Has anything similar happened to anyone? Am I being swindled here?

[ste-9405]

Look up: triangulation scam

buyer pays --> seller

seller orders for buyer --> retailer using stolen credit card with name, etc. on card

retailer ships or stops order --> buyer

[martoutlet]

yeah,they could be using a stolen credit card.

when gets back to walmart and after estimated delivery date open item not received case.

[no_zero369 · Accepted solution]

OK, a few things here so I hope you don't mind a lengthy reply.  My apologies for the comprehensive look at the possibilities if you just wanted a short answer.

First kudos for coming here with concerns!  Many do not do that until after something bad has happened or it is too late to help!

Also glad you are looking at seller feedback scores and ratings!  Many don't understand that a 95% rating is actually a low rating.  I like to say anything less than body temperature - 98.6 is low others would argue for a higher number. So good that you are looking at that.

Now, remember that you purchased through eBay so you are covered by the Money Back Guarantee.  The caveat is that the procedures need to be followed correctly in order to preserve those rights .  From the facts stated, you can not file an Item Not Received (INR) claim under the MBG until 5-Oct, one day AFTER the last estimated delivery date.  So sit tight for a bit and see how this plays out.

The way I understand a triangulation scam works is it uses an element called drop shipping that is a policy violation on eBay.  In other words it is "illegal" per ebay policy to take your order and then turn around and purchase something elsewhere and have that third party ship it to you.   (assuming that the seller does not have a contract with Walmart to deliver goods)  So that is in your favor.

eBay's drop shipping policy is here:

https://www.ebay.com/help/selling/shipping-items/setting-shipping-options/drop-shipping?id=4176&st=1...

The fact that the seller is losing money on the transaction is either an indication of a scam or just that the seller is offering a loss leader to try to get positive feedback and remediate a low score.  Nothing illegal about losing money or having a business plan to spend some money to attract buyers.

Now it looks like you have sprung into action and done a whole lot of background research and collected a bunch of information so I am guessing you are an Action Jackson type of person?  I would guess that is going to work against you in this situation and perhaps patience is in order?  I'm just saying.

Look under the MBG the seller has to prove that the item ordered was actually delivered to you, using standard tracking numbers.  IF this is a scammer, then they might not upload such tracking info into eBay and thus have no proof of delivery and you would prevail with an INR claim filed on 5-Oct. 

Also, I am curious as to what evidence you have that the tracking number you have from FedEX is indeed associated with this order?  As you mentioned no tracking info from the seller or eBay has been provided.  Is it possible someone else sent you a gift?  But without that tie-in you have no evidence of drop shipping either.

Depending on what handling time the seller has on the listing the seller might have time to upload the tracking number to eBay before getting a late shipment defect.  I hope that you didn't help out the seller with your note and sent them the tracking number in your email?  Then it would be easy for a scammer to enter that tracking number into their order screen and have 'proof' of delivery, where they might not have cared, especially if they were running the triangular scam.

Also IF one suspects a scam, not sure what emailing a scammer is going to accomplish? That only give a scammer an opening to feed you some baloney and string you along.

If it were me I would wait for the item to be delivered and photograph it all around and then open it and photograph the contents.  Retain the packaging and the item and see what happens.  On 5-Oct if the tracking number you have is not associated with your order, file an INR case.  If the tracking number does get associated with your order, then contact CS and report the seller for not allowed drop shipping, supplying the photos of the packaging and your other evidence as proof.  eBay will handle it from there.

On a $43 item I can't see the Feds coming after you for stole property, but hey I'm no attorney.  If you have a friend that is one it might make sense to ask their opinion.  Might be some value in self reporting the crime in case one has taken place.

So that is how I see things, for what it is worth.  Just don't Action Jackson yourself into a tizzy, do something wrong and lose your MBG protections.  Also, you have PP protection and the option to file a CC charge back.  But once any of those are opened you lose the MBG and are on your own with PP & the CC company.

So let's see how this plays out!  I think you'll do the right thing and will be interested in the result.

Good luck!

[justing123456]

@no_zero369  Thank you for the very detailed reply and explanation! Yes I do have a tendency to over-prep everything. Which can be a double-edged sword. I also understand that 95% isn’t exactly “good”, but the comments has been generally positive. And no other person who bought the same item has made a bad review yet. Hence my gamble. 

And thanks to everyone else as well. Will read up on those. 

This is is the FedEx shipping number, confirmed by seller this morning as well:

457199489379

I actually would like to add a few more details to this as things are progressing. 

So the seller got back to be and confirmed that the shipping number from FedEx is indeed my item, and have since updated eBay to reflect that my item has been “shipped”. 

However he did not give any explanation as to why the item is shipped by Walmart, why the item was purchased with a different name from Walmart, or why FedEx claimed that Walmart(or the mysterious 3rd party) is requesting a delivery stop. Then again, if he’s a scammer...... why would he?

If this indeed does prove to be a scam, my plan is to first utilize eBay’s MBG, if that fails then I will attempt CC chargeback(I have a 6month period to do so).  Should’ve used PP for the transaction, for the extra layer of protection. Will keep that in mind for next time. 

[no_zero369]

@justing123456 

Thank you for following up and the additional info!

Sounds like you are on top of this, so no doubt will come out OK!  We see some real doosies here, so it is always fun when someone 'gets it' and is kind in acknowledging the help!

Glad to help, you are welcome!

[justing123456]

@no_zero369 

Oh darned on my part. I did provide the tracking number.

I should be kicking myself in the buttocks right now because I was debating whether or not to send it. In the first email I didn’t. But I thought it would be more beneficial so I sent it in a follow up 10min later. 

[no_zero369]

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@justing123456 wrote:

@no_zero369 

Oh darned on my part. I did provide the tracking number.

I should be kicking myself in the buttocks right now because I was debating whether or not to send it. In the first email I didn’t. But I thought it would be more beneficial so I sent it in a follow up 10min later. 

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@justing123456 

LOL! Oh well, lesson learned!  Let's just hope there is no cost to this lesson!

Action Jackson to the rescue??? 

[fab_finds4u]

Drop shipping, where you fulfill orders directly from a wholesale supplier, is allowed on eBay.  

The type of drop shipping the seller is doing, purchasing from a retailer and having it shipped directly to your customer is not allowed.  The main reason is scams where the card holder isn't present can occur.     If you ever get a package  from WalMart, or a package from Amazon sent as a "gift" to you please report it.  

Even though you have concerns now you can't file a dispute until after the original expected delivery date.   So wait and see what happens.  

If you do get a package photographing it all around before you open it isn't proof of anything.  You don't have to prove to eBay it's not as described or the package was empty.  They take the buyer's word.  

[no_zero369]

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@fab_finds4u wrote:

Drop shipping, where you fulfill orders directly from a wholesale supplier, is allowed on eBay.  

The type of drop shipping the seller is doing, purchasing from a retailer and having it shipped directly to your customer is not allowed.  The main reason is scams where the card holder isn't present can occur.     If you ever get a package  from WalMart, or a package from Amazon sent as a "gift" to you please report it.  

Even though you have concerns now you can't file a dispute until after the original expected delivery date.   So wait and see what happens.  

If you do get a package photographing it all around before you open it isn't proof of anything.  You don't have to prove to eBay it's not as described or the package was empty.  They take the buyer's word.  

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Collecting "evidence" is never a bad thing and perhaps more buyers and sellers should collect such?  So you never use it?  But you can't go back and recreate it in a critical situation.

When one might have the threat of reprisal for being part of a fraud scheme or having proof that drop shipping occurred, then pictures might be of some import?

[dtexley3]

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@no_zero369 wrote:

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@fab_finds4u wrote:

Drop shipping, where you fulfill orders directly from a wholesale supplier, is allowed on eBay.  

The type of drop shipping the seller is doing, purchasing from a retailer and having it shipped directly to your customer is not allowed.  The main reason is scams where the card holder isn't present can occur.     If you ever get a package  from WalMart, or a package from Amazon sent as a "gift" to you please report it.  

Even though you have concerns now you can't file a dispute until after the original expected delivery date.   So wait and see what happens.  

If you do get a package photographing it all around before you open it isn't proof of anything.  You don't have to prove to eBay it's not as described or the package was empty.  They take the buyer's word.  

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Collecting "evidence" is never a bad thing and perhaps more buyers and sellers should collect such?  So you never use it?  But you can't go back and recreate it in a critical situation.

When one might have the threat of reprisal for being part of a fraud scheme or having proof that drop shipping occurred, then pictures might be of some import?

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eBay and paypal don't care about video evidence, but it may be helpful with fraud complaints with other agencies.

[justing123456]

@no_zero369 

Update:

I've cropped my name for privacy reasons. 

FedEx has updated their tracking. Stating the shipper has requested to stop delivery and the package is being returned to the shipper.

Picture 1 was taken yesterday when the delivery address was correct, I cropped out my actual street address for privacy reasons.

Picture 2  was taken just now. Note the new delivery address, is in a completely different state. But the name is still mine.

[edwedw8383]

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@justing123456 wrote:

Update:

Picture 2  was taken just now. Note the new delivery address, is in a completely different state. But the name is still mine.

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When it's delivered tomorrow, eBay will also show delivered even though it's the wrong city.

So you will lose the first Item Not Received case. Then eBay will pay you a courtesy refund when you appeal about the wrong city.

Wondering why you marked this thread as solved, when it's not yet solved?

[no_zero369]

@edwedw8383 

Because it is solved, just not "over" yet.

Either the package & item gets delivered to the buyer with proof of delivery or it does not.  That simple.  In the later case the buyer files an INR claim and wins. 

I am guessing Walmart discovered the fraud and is taking loss prevention steps by recalling the package.  But hey that is only a guess.

Unless the buyer intervenes in the process or somehow messes around with things they remain fully covered by the MBG.  So hopefully the buyer has put their feet up, grabbed a refreshing drink and is sitting back watching this whole thing play out!

@justing123456I assume you have your feet up & are watching "the show?"

When 5-Oct-2019 rolls around the buyer can file and prevail on an INR case under the MBG and get their refund.

[no_zero369]

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@dtexley3 wrote:

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eBay and paypal don't care about video evidence, but it may be helpful with fraud complaints with other agencies.

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Exactly!  One needs to collect "evidence" in case a fraud situation blows back on them.  Also, might eBay be curious to see evidence IF one is alleging outlawed drop shipping?   I haven't seen guidance or Blues comments that eBay would not consider such information in the narrow situation of reporting a seller for a policy violation involving drop shipping.  Perhaps I have missed it?