Seller opened up a case against me?? What can I do as a buyer??

[noxrox2011]

OMG Please help me! I ordered Lululemon leggings in a size 2. However, the item I received from the seller was a size 4. I promptly messaged them and told them that they sent me the wrong item and asked if they still had the original size I ordered. They told me that they no longer have my size and told me to return. I was a bit annoyed since they didn't keep track of their inventory and sent me the wrong size. When I returned it to them, I checked the tracking and saw that it was delivered. Then I sent them a message and asked for a refund since it was delivered. They sent me back a message and said "We received a crop back that we didn't send you." And they opened up a case with eBay accusing ME of scamming THEM! I feel like this is so incredibly unfair since it was their fault I had to return it in the first place and now they're trying to scam me. I don't know what to think - I feel so stressed from this situation. I've never had a bad experience like this shopping on eBay. I need some advice - please please please tell me what I should do. I would HATE to lose money over this - the injustice is honestly killing me!

[paradiso*bella*a*venire]

First of all, take  a deep breath......calm down a bit....you think more clearly when calm  😉

You said the seller opened a case on you?  What is being asked of you in the case? If tracking shows the item  has been delivered back to seller, the seller is supposed to be refunding you. If the seller is a Top Rated Seller, they have the ability to keep a certain amount of the item price and original shipping costs IF the item arrived back to them in a different condition than it was sent.

Are you able to respond  to the case seller opened on you? If so, have you responded to it?

[myangelandmyprincess]

All this means is the seller was escalated the return request to a case asking eBay to decide.   To be honest I doubt it will work in their favor.  Most likely eBay will just refund and the seller will get a unresolved defect 

[noxrox2011]

When I opened the case, it just says "Hang on, we're still reviewing your case. We'll be in touch with you soon." It won't let me tell my side of the story. I'm sorry this is the first time anything like this has happened to me so I just feel very nervous. I've checked my entire house and I really don't have the item (just in case I really did send them a wrong item back). I specifically remember packing everything back in the exact package that the seller gave me - the same day I received the package is the same day I asked for a return and also same day I dropped off the return. Also, when I checked the seller's negative reviews 5/17 were about them sending the wrong size. 😞 I feel like I did everything right so I'm not sure why they would say this about me? I wasn't even mean to them in the messages I sent them so I just feel like this is extremely unfair.

[noxrox2011]

Do you really think so?? Thank you so much for your answer. I'm sorry if I sounded super nervous in my beginning message. I just honestly couldn't believe it. I felt like I was being gaslighted for a second there - I remember packing it nicely back into the package and everything! But for them to say that I sent back a completely different item with the wrong size... it really shocked me! I really hope eBay sees that I didn't scam that buyer - I have 100% feedback both from other sellers AND buyers!

[paradiso*bella*a*venire]

omg, that was the eact term I thought of while reading your first response...I thought, yeah, sounds like the seller is gaslighting this buyer

dont worry yourself about this. I know its easier said than done, but worrying over it is shortening your life. Dont allow this situation to do that to you

[noxrox2011]

Thank you so much! I wish I can be as chill as you. Haha, I feel like a newbie on eBay so I'm never sure how the policies work here. Thanks for your replies - they really made me feel so much better. 🙂

[paradiso*bella*a*venire]

It's what the community is here for, to help...or in my case, attempt to help those we can 😊

At least youre feeling  better, that's a start. 😉

[7606dennis]

Depending upon what reason you used when filing your return request would make a difference.  If you used the doesn't fit or wrong size the return would be considered a remorse return and the seller would not be required to accept the return if they had a NO RETURNS policy.  However, since the seller sent something other than what you ordered, size 4 instead of size 2, it should qualify as a not as described return and the seller is required to pay the return shipping and must accept the return.

I'm not sure what kind of case a seller could open against you though.

[noxrox2011]

I thought it would be a simple return since it was the seller’s fault that they sent me the wrong size. However, now they say that I sent them back a different item than the one they sent me. I know for sure I sent them back their own product but they’re accusing me of returning something else so basically trying to swap scam them. That’s why it was so confusing because I wouldn’t mess up my return by doing something like that. I only know my side of the equation and I know that I sent them back the item they sent me... so it could only be that they’re lying so that they can get their money from the transaction. But I don’t think it’s fair because I didn’t swap scam them... 😞

[vlelet_123]

Camera is your friend. Take photo of the item and compare it with picture from seller's ebay page. The seller said you returned a different item not just different size of the item  from their store. That's what I do. I take photos of the wrong item in color, size, quantity, quality sent to me by the seller. If its a high price item, I do unboxing video as I open the package. I send my own evidence to support my complaint. A little effort of protection for the "in case" I need evidence against unscrupulous ebay sellers.

[noxrox2011]

eBay rules in my favor since the item wasn’t the correct size. I’m nervous that this will look badly on my buying record?? 😞

[little.font.lord.leroy]

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@noxrox2011 wrote:

1. I promptly messaged them and told them that they sent me the wrong item and asked if they still had the original size I ordered.

2. They told me that they no longer have my size and told me to return. 

3. When I returned it to them, I checked the tracking and saw that it was delivered.

4. Then I sent them a message and asked for a refund since it was delivered.

5. They sent me back a message and said "We received a crop back that we didn't send you."

6. And they opened up a case with eBay accusing ME of scamming THEM!

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I am quite confused by this, maybe you clarified it in your other answers that I skimmed.

There are basically two entities you might message/write to on eBay, the Seller and eBay (resolution center). The seller will be able to read your writing in the resolution center.

When you click to contact a seller there is a prompt that asks why.

If you clicked "other" or "I have a question" you will be in direct communication with the seller.

If you clicked "I received an item that wasn't as described" you will automatically open a claim/case and you will be writing to the resolution center. The seller will be able to read and answer your questions. eBay will inform you they are contacting the seller. The seller might then go to the claim and authorize a return. You will be issued a return address label to print off and that return label's number will be logged with your return.

EBay will be able to verify it has been delivered.

Upon reciept, the seller can claim you sent the wrong item, or it was broken on return.

Rahter than answer thru the message system you should be able to enter a plea at the resolution center.

Go to the bottom of this page and click "resolution Center"

You should be able to find your open case listed there.

Click on that case. It will show all correspondence thus far as well as the sellers counter claim.

Sorry, I don't have a case like this open so I can not walk you thru it, but there should be a button to click where you can "ask for help" or "ask us to step in", I believe and when clicked you will be able to type in a statement. be professional, don't accuse the seller of cheating or being a rat. "The seller is mistaken, I returned the same item that was sent to me." say no more no less.

Typically you don't even need to do that. eBay will rule in your favor, sort of, they will issue a courtesy refund.

[soh.maryl]

How can it look badly on your buying record?

Buyers can only be given positive feedback or none at all.

[noxrox2011]

I should clarify! I just messaged the seller directly when I received the wrong item through the message center. I didn’t open a return until they told me that they didn’t have my size and wanted me to return. So when I saw that the item was delivered, I always messaged them through the messaging system, so I just messaged them again asking them to issue my refund in a timely manner. However, that’s when they replied that I sent them back a different item and then asked Customer Support to step in and then I saw a case was opened against me. After that, I couldn’t say anything - every time I looked at the case it just said that eBay is reviewing it and will come to a decision soon. There was nothing for me to reply to. 😞 I was not the one that escalated the case - they did. Which was very surprising to me. So that’s why I posted to get advice since I’ve never dealt with a seller accusing me of that before. Most of the returns I’ve done worked out great.