Buyer refusing to return item after refund is processed

[dziubac]

Last November I sold an item on eBay. It arrived to the buyer damaged so they requested a return and refund. I processed the return via eBay which includes a shipping label. Maybe it is my mistake, but I also processed the refund before receiving the item. The buyer then decided to never ship the item back to me, so they have my money and item. I keep requesting money via PayPal and emailing them, but they do not respond. Any thoughts? eBay said they cannot do anything but recommended I report the buyer to the Internet Crimes Complaint Center, which I did.

[kensgiftshop]

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@dziubac wrote:

Maybe it is my mistake, but I also processed the refund before receiving the item.

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If you refunded the buyer before getting the item back, there's not much you can do to get your item back now.

[greatmidwestcoin]

Here's what I have had to do only a couple of times.  Mention that you will be contacting the Postal Inspectors for mail fraud and that your buyer should be prepared for when they contact him.  Also let them know you will be opening a theft report locally with your police department in addition to the police department where the item was shipped to.  Allow them 7 days to return the item before you take the above actions to avoid everything. It worked every time for me. Be VERY clear in the steps and when they will occur. Keep it simply and precise. Follow up daily with a repeat message giving them the new countdown in days until the precise action.

[jeannicho22]

Your item is gone.... MOVE ON

[kim_y_buran]

Did not the ebay page tell you to wait before you receive return before refunding?  As it is there is nothing you can really do.  I mean you can threaten with calling police or USPS fraud hotline, but few people buy into that.

[tracdea1]

Ebay even warns you not to refund until the item is returned.

Nothing you can do, sorry.

[disneyshopper]

For future returns, once the label is offered and the buyer prints out the return label, s/he has 5 days to get the item into the mail.  If tracking never shows that the item is on its way, at the end of 5 days, you can Ask ebay to step in.  They can cancel the returns request and the hold on your Paypal account will be released.

[kitschy*loot]

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@greatmidwestcoin wrote:

Here's what I have had to do only a couple of times.  Mention that you will be contacting the Postal Inspectors for mail fraud and that your buyer should be prepared for when they contact him.  Also let them know you will be opening a theft report locally with your police department in addition to the police department where the item was shipped to.  Allow them 7 days to return the item before you take the above actions to avoid everything. It worked every time for me. Be VERY clear in the steps and when they will occur. Keep it simply and precise. Follow up daily with a repeat message giving them the new countdown in days until the precise action.

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If a refund is given before an item is returned, that falls on the seller, it may be immoral for the buyer to keep the money and the item, but it is not a crime that I know of. It is certainly not mail fraud.

Many people laugh at threats like you suggest because they know it is highly unlikely that should the seller contact the police, law enforcement will waste their time on a case where the seller voluntarily refunded first and learned a hard lesson. It could work on some like you said, so I guess it's reasonable to try it out, but I wouldn't expect much. 

[ms.rodriguez*]

Last November. It's April. Forget about that deal. You made an error. Think of it as a fine . You were caught speeding. If you don't speed, you don't get a fine. Next time, do NOT refund until the item is returned. you won't get "fine." If you know the buyer's ID, block them and just move on. It's been almost 6 months.

[majar-4600]

You reported them for internet crime?!  They didnt commit a crime!  Its not the buyers fault you didnt folow procedure, theyre of no legal obligation to return it to you now!  This is your fault so stop blaming them.  

Those of you suggesting threats will mai fraud that is extortion and blackmail and harrassment.  They can sue you for it and they will when.  You have to be accountable for your mistakes here.  The buyer is not liable for anything at this point.

Leave them alone, let it go.  And for pete's sake retract your accusation on the internet crimes thing before they find out and sue you for slander/libel.  

[majar-4600]

That is extortion and harrassment and you could be sued for it.  Its not mail fraud, if they were refunded before return that voided the previous agreement with the return by the seller not following the correct process.  The seller refunded, period.  Cant add the stipulation of returning after the fact.   What you are suggesting is a crime in itself, and you shouldnt be selling online or anywhere when youre recommending such things.  Especially when its YOUR fault.  You cant threaten people with law enforcement like that, its a bad idea.