The buyer sent empty box and got full refund

[lorannael]

Hello, friends!

The buyer wanted to return item and get full refund. I agreed.

But I got Instead item only empty cheap box with official eBay label on package.

I wrote about this situation with form Report buyer.

However eBay made full refund to this fraud. App.600$.  So I lost both my money and the item.

How to appeal eBay decision in such bad case ?

Or the seller is not protected at all  from such kind of fraud?

Thank you for any help...

[simba6]

Return fraud is a real problem in all forms of sales.  There is real risk selling here.

You can click the help and contact link at bottom of page. Speak with an ebay rep. However, don't hold out much hope.

[picknparley]

You can file a complaint on USPS for mail fraud, which is a felony.  Tell your buyer they should be expecting a visit from the postal inspector.

You can also send a report to the police dept where your buyer lives.  Let your buyer know this is also being done. 

*Report the buyer to ebay.  This is a separate process and can only be done by clicking on the report buyer link.

Telling a CSR you're reporting the buyer does nothing, you have to physically do it. The buyer violated ebay policies so be sure to report them. That might help in any resolution you hope to get from ebay.  Good luck!!

[cream_couture]

Sorry that this happened to you. 

1. Contact the buyer and state that you did not receive the item back, instead you received a plastic case (send photos) and they need to send the item back. 

2. File a police report for theft either online or with your local police station or by calling your local police. eBay has let me use a police report as evidence before.

3. File a mail fraud report. 

4. Once you have copies of mail fraud report (or the number) and police report, contact eBay. 

[orangehound]

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However eBay made full refund to this fraud. App.600$.  So I lost both my money and the item.

Sorry this happened.  Theft is a risk of selling on eBay, and it is a high risk if selling expensive items that are easily re-sold (e.g., designer fashions, jewelry, watches, iPhones, laptops, etc.).

How to appeal eBay decision in such bad case ?

Generally, appeals will be lost, but it doesn't hurt to try.  You should see a link for an appeal in your Resolution Center, assuming the return was escalated to a case.

Without qualifying for protections (see below), your only hope of winning the appeal is that the buyer has a history of being accused as "abusive" by other sellers, such as theft or return fraud.   This is why it is important to report the buyer as abusive.

Or the seller is not protected at all  from such kind of fraud?

Generally, there is no financial protection unless your listing qualifies.  Since you are not a Top Rated Seller in the United States, you can only receive limited protection if you offer free 30-day returns whereby you can withhold up to 50% of the refund if the item is returned in a deteriorated (or missing) condition  ... look under the "Protections for All Sellers" on the Seller Protection policy page for more information.

[nkmipgolf]

Happens quite a bit on freeBay now.  Order an expensive item, return an old shoe.  eBay's does not care as it was delivered.

[lorannael]

May be eBay needs amendment to the rules?
To pay refund only after confirmation from seller that the item is really received?
It looks like buyer protection policies have gone to absurd extremes...

[memphist0]

I agree completely.  eBay should wait to issue the refund until the item is inspected and not when it is delivered.  I have been going through the appeal process only to learn it is an automated system that cannot be overridden.  What is the point of having customer service representatives if all they do is input your responses and read back what the system says.  There needs the be the ability of the specialist to do something.  To listen to your appeal and make a decision.  That seems the most fair way to run a business.  I now see why there are so many competitors to eBay springing up.  They have completely forsaken the seller.  And with their "relationship" to Paypal there is nothing that can be done about it.  Their policies actually encourage bad behavior on the buyer's part.

[kensgiftshop]

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@lorannael wrote:

To pay refund only after confirmation from seller that the item is really received?

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The only problem with that, you'd have a lot of sellers claiming the right item wasn't sent back to get out of paying a refund, even if the correct item was returned.

[lorannael]

There is always such simple way to avoid it : to open the package in the presence of third parties, for example, a postal worker.

[orangehound]

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@lorannael wrote:

There is always such simple way to avoid it : to open the package in the presence of third parties, for example, a postal worker.

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Third party that is trusted by both buyer and seller?   Noble idea but not practical ... and, the USPS isn't an option.  It is a postal regulation that postal workers cannot be videoed or photographed.   Look at this link for the words "no picture can depict any Postal Service employee"

https://about.usps.com/postal-bulletin/2008/html/pb22228/html/info_005.html

The reality is that theft is a reality, so sellers just need to list and sell in ways that don't attract the attention of the thieves (that is, set up in a way whereby thieves go after weaker sellers).  Some practices to minimize the chance of theft:

• Don't list expensive items as a new seller ... thieves target inexperienced sellers.
• List expensive items with "Buy it Now, Immediate Payment Required" at a price that will sell quickly (don't do auctions).  If you list it with inflated prices, then your only customers will be thieves because ... well ... they aren't paying.
• List your expensive item with 30-day or 60-day returns.  A "no return" policy telegraphs to a thief that the seller is not experienced with the complexities of eBay returns, and the seller will often make a costly mistake.  A 30- or 60-day return policies is more likely a mark of an experienced seller who is wise to the tricks of thieves.   Thieves know that the Money Back Guarantee easily cancels a "no returns" policy, and they know how to manipulate it, so a "no returns" policy is actually harmful for protecting the seller against theft.
• Don't sell internationally, which adds to the risk of loss, but if you do then at least do it through the GSP.  The GSP not only restricts sales to high-crime countries, but they also provide some limited protections against loss such as a buyer claiming you sent them a rock ... the GSP inspects the contents of each out-going package to verify that it generally matches the listing.
• With respect to expensive items, if a potential buyer contacts you with offers of a higher price, requests for unique shipping, odd payment arrangements, etc. then block them -- there is a 95% chance this is a thief.
• If the buyer of an expensive item tries to change the address after the sale, cancel the sale with reason "problem with buyer's address".   Then block them.

[dtexley3 · Accepted solution]

I sorry you are going through this.

1. Notify the buyer that you did not receive the correct item back and that you will be opening a mail fraud / theft complaint with the USPS.
2. File a mail fraud complaint with USPS.
3. File a complaint at IC3.gov
4. File a police report with your local police and request they send a copy to the buyer's local precinct.  Be insistent as this is a Felony.
5. Open an appeal with eBay and upload the documentation above.  eBay could decide to refund you, but from everything we know they will only do so if you do the above filings and send the proof.
6. Report the buyer as an abusive buyer.

[lorannael]

it was Buy it now.

and i am not new seller.

i am eBay member from Aug. 2008.

and all my buyers were satisfied.

apparently it doesn’t mean anything.

this buyer Anna is on eBay from summer 2019 

and maybe she has already closed her account!

such trouble is happened first time in my life.

my country has not regional eBay.

so i have to use international eBay anyway. 😞

i am not USA citizen,  it would be problematic to connect with NY police for me.

I'm very disappointed.

thanks to everyone for answers and advices!

[alcoforever]

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@lorannael wrote:

i am not USA citizen,  it would be problematic to connect with NY police for me.

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You should be able to file a NY police report on line.

[ihaveautographs]

I wonder if we could start a class action law suit for this situation where the seller gets ripped off from the buyer through some sort of mail fraud. I had a 2oz. envelope sent back to an address in my zip code and eBay accepted it as my items being returned back to me, even though it did not make it to my address and was not enough weight to have contained my items.