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Buyer Made False Claim - Buyer has my XS Max and $990! Need advice!!!

I feel totally betrayed!  I listed and sold an XS Max and the buyer said he received an 6+ and not the phone I had advertised so he requested a return.  I replied that he was mistaken and that there were two people who witnessed the XS Max getting packaged up and sent out - it was the only phone I had to sell and there was no mistake and there is no reason any Seller would do something like that. I would gladly take my phone back, but did not want him to send me some old worthless phone so I asked ebay to investigate.  He called me a lier and every other name in the book .... long story short - ebay sided with the buyer and said they would refund his money after the phone was returned to me.  AN OLD BROKEN PHONE ARRIVED YESTERDAY - THE SCREEN IS BROKEN & PHONE IS WORTHLESS!  I called ebay twice only to be told I can appeal after the case is closed???  Makes no sense to me, but as of today, the case is closed and the buyer has been fully refunded $990 and also has my brand new phone worth over $1000!  I am so angry that ebay did literally nothing to investigate.  I am filing a police report now (a lot of good that will probably do). Does anyone have any other advice?  This could happen to any Seller and we have no way to protect ourselves from fraudulent claims and scammers - To make matters worse, ebay even debited me for the return label for the junk phone.  Does anybody know if I have any chance of recovering my money or phone and what steps I should take next?  It would be greatly appreciated.

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Re: Buyer Made False Claim - Buyer has my XS Max and $990! Need advice!!!

I am sick...sick, sick, sick.:( I will keep you posted.
Message 16 of 26
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Re: Buyer Made False Claim - Buyer has my XS Max and $990! Need advice!!!


@kitswelldressed wrote:
I found your post - I would join you in a class action suit. I know it would take quite a few people to get someone to represent us - so how many people do you think we could get onboard? I could ask my brother, who is an attorney the basics. I don't know how to navigate this email system very well, and I'm new as a Seller so I'm not sure how to reach all of "Sellers who have had this problem. I'm not even sure I can find your post again if you contact me here - please respond though and I will find you.

eBay has in the agreement you signed that you agree to not join class action lawsuits.  You can sue but not class action 

“Birth certificates show that you were born. Death certificates show that you died. Photographs show that you have lived.” -Unknown
Message 17 of 26
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Re: Buyer Made False Claim - Buyer has my XS Max and $990! Need advice!!!

The least that you can do now that you've been scammed is report the buyer on Ebay.   Ebay Resolution Center link https://spd.ebay.com/RBASellerHub

 

Select the item you sold.

Look for Buyer misused returns option and select.

Choose Returned a completely different item or an empty box and give as many details in the text box.

Click on the blue submit button.

 

This is the least that you can do.  Good Luck  and I hope Ebay gets your money back.

Message 18 of 26
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Re: Buyer Made False Claim - Buyer has my XS Max and $990! Need advice!!!

Agreements are only promises in documents to be broken
Message 19 of 26
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Re: Buyer Made False Claim - Buyer has my XS Max and $990! Need advice!!!

I forgot to mention, you will want to report that device stolen so it is useless to them, or at the very least not worth as much. You may also try Ebay via Facebook, I guess some have had better success going there. File the appeal though and upload those reports, contact Trust & Safety. Remain calm, professional and to the point, they are more prone to help then getting upset. I agree it is ridiculous easy to rip someone off on Ebay, they don't care however it isn't their product, not their loss and to add insult to injury you still pay the fees.
Message 20 of 26
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Re: Buyer Made False Claim - Buyer has my XS Max and $990! Need advice!!!


@kitswelldressed wrote:
I am sick...sick, sick, sick.:(

I know.  I am so sorry this happened to you.

 

Unfortunately, there is not much you can do after a sale because (a) eBay has a policy loophole that allows thieves and criminals to steal items; and (b) eBay rarely provides any sort of financial protection for sellers.

 

There are a lot of steps one can take to avoid getting things stolen on eBay, and rule #1 is that it is risky for an inexperienced seller to sell items that are frequent targets of the thieves:  expensive phones, designer shoes/purses, etc.

Message 21 of 26
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Re: Buyer Made False Claim - Buyer has my XS Max and $990! Need advice!!!


@crimsonred123 wrote:

The least that you can do now that you've been scammed is report the buyer on Ebay.   Ebay Resolution Center link https://spd.ebay.com/RBASellerHub

 

Select the item you sold.

Look for Buyer misused returns option and select.

Choose Returned a completely different item or an empty box and give as many details in the text box.

Click on the blue submit button.

 

This is the least that you can do.  Good Luck  and I hope Ebay gets your money back.


True but thieves rotate accounts, so it likely doesn't matter in this case.

Message 22 of 26
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Re: Buyer Made False Claim - Buyer has my XS Max and $990! Need advice!!!

I'm sorry Kit. I had the same thing happen to me right before Christmas on a $250 Vintage Fiber Optic Lamp. I also got stuck with over $60 in shipping fees to get an old broken table lamp back. After calling and calling and filing police reports ebay nor paypal ever helped. Just got a total run around. Didn't make Christmas to joyful. I was only selling it so I could buy my daughter a knitting machine for Christmas.

Message 23 of 26
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Re: Buyer Made False Claim - Buyer has my XS Max and $990! Need advice!!!

 I had EXACT same thing happen with a tennis racket. Almost new and the little **bleep** boy in HI said its not as good of condition as in pictures and demanded $30 back and the F-ING SCUM ebay allowed him to give me NEG feedback and keep the racket.  $110 racket      1st of all you made  HUGE MISTAKE not getting photographs of phone with package it was going in.  Get serial # and several photos of anything expensive because this site is perfect for any scammer   IGNORANT SCUM EBAY cares nothing about sellers and the seller is always wrong.  It should be obvious before shipping anything close to that on this scammers paradise

Message 24 of 26
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Re: Buyer Made False Claim - Buyer has my XS Max and $990! Need advice!!!

Very helpful - thank you.
Message 25 of 26
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Re: Buyer Made False Claim - Buyer has my XS Max and $990! Need advice!!!

I am hoping everyone will see this....ebay reversed my appeal and they refunded all my money for the lost phone!!!  I want to thank everyone in the community for giving me good advice.  I filed a lengthy police report and prayed a lot.  I'm so glad I did not give up because that would have been the easiest thing to do...all along, I figured it was probably a big waste of time, but I was wrong!!!  ebay did listen and I want everyone to know, we have a good and very honorable company behind us.  My faith has definitely been restored.

 

Thank you everyone!

Message 26 of 26
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