Buyer opened case of item not as described.

[mrobind42]

Last week I had a buyer return a Michael Kors purse because "it didn't look as big as it did in the picture". I was fine with this because I do have a 30 day return policy. However, I do have rules, such as if you return an item damaged, then you do not receive a refund. I will however send the item back. When I received the purse the MK lock was damaged, not scratched, damaged. It is unsellable. As this was my first return I called ebay to see what I was supposed to do. Two different reps told me that due to my policy I was not to issue this girl a refund. I was to let her know that because it was damaged she would not receive a refund and then not to have any further contact with her. I asked should I open a damaged item case. They said no...let her open the case, do not respond for two days and then escalate the case. Well, she filed a case of item as not described. I provided pictures with a tape measure proving it matched the dimensions, I pointed out in the listing that the size clearly said medium, and I pointed out that I let all of my buyers know that I use the super macro setting on my camera so they would clearly see every detail. Then I pointed out my return policy, as well as the fact that she left me great feedback and 5 stars on item as described. She won...how is that even possible???? I appealed and 3 minutes (not kidding) lost the appeal. I called ebay and was they could supercede my return policy. Are they serious??? I made them sit there while I read 2 chapters on e-commerce law to them and all they could say was well we can take the item as not described strike off and refund your fvf's. What the heck do I do about this nonsense?

[mrobind42]

oh she is

[mrobind42]

I tried that..not the court. But I did read 2 chapters on e-commerce law..I just finished my 2 business law class..to this woman only to have her tell me that ebay can supercede my policy. I will look into taking it to court. I have all of the pics and the responses to the case. I also told the supervisor I was talking to that ebay may be big but they still had to follow the same laws everyone else does.

[mrobind42]

I'm probably going to leave when my contract is up. Ebay is all about the buyer, what are they going to do when all the sellers leave?

[oceanviewbeauty]

hahaha!! every time I see it come in, my heart jumps..LOL no worries sweetie, we're here to help each other they can unsubscribe to fix that easy 😉

[oceanviewbeauty]

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@mrobind42 wrote:
Thanks for the advice. I have a hard time finding this forum sometimes, so sorry for the delay. I was told to file for the free $50 insurance. Turns out she already filed for it so I'm out $255 and she gets an extra $50

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What? then she is commiting a federal crime, now you have her, you need to get in touch with the Postmaster, go to your local post office and tell them whats happened, she returned the item, she has no claim to insurance, messing with the post office is very very serious business its all federal at that level and they take insurance claim fraud seriously. What the heck did she file for? she has her money back and now files with the PO? this is a scammer, she has commited this crime before and is working the ebay system.

Do what I told you, go to the main post office and talk face to face with an agent, they will contact the postmaster and begin to handle the claims fraud, it may not be your 250.00 but it will cause her some major problems for postal fraud, up to 25,000 fine and up to 5 years in prision. DO IT!

[mrobind42]

I did do what you told me. Know what they said? Sounds like fraud to them. That's it and nothing more. 

[mrobind42]

One last follow up to this thread. I am going the court route via the E-sign act, I did keep calling every day as you suggested until I got an actual honest eBay rep who told me that the Seller Protection Policy was a lie. eBay will make you refund every time regardless of your own policy. He did remove the item as not described mark but that was all he could do. Bottom line...unless you are a big box seller eBay is always going to side with the buyer, always. I also filed a complaint with the AG of my state at the advice of a friend. I may not have to leave, they may kick me off lol

[oceanviewbeauty]

I didnt know about the e-sign act, all information shred is extreemly valuable and I hope you continue to update us. Im disappointed in the USPS, I would definatly pursue that she cannot claim that its not hers to so why would they let her? I understand they bury you in red tape, thats what the government is known for but if persistant you may get your 50.00 back. As far as seller protection.. unforurtanely you are correct, there is none to speak of. its a dice roll to sell in this market venue, but they have the numbers and its almost impossiable to make money in the other sites like here. I just hope for the best and deal with problems case by case. The only thing I do advise is never sell what you cannot afford to lose, I rarely have anything over 100.00, for me thats the top of my loss tollerance level, and even when  I do I am so nervous for a long time.

I am curious how would the e-sign act pertain to this case?

[mrobind42]

No signature....The E-Sign act allows you to file the suit electronically. Without it you would have to find out which state you would need to file the suit in and possibly travel to that state, find an attorney in unfamiliar territory etc. With the passing of the E-Sign act your own attorney could file the suit on-line. It's called cyber-filing. As you know, the E-Sign Act is what allows you to file your taxes online. It's the same principle with a civil suit. It's encouraged especially if it involves different states because it is more cost effective. In my case, I can, and have at this point, draft the motion and I have all of the messages, pictures, etc. printed and ready to file but I have to find an attorney who is versed in cyber-filing. My attorney does not know much about it and it has to be an attorney who files it.

She shipped the package therefore she is the one who had to file the claim, or so I am told, and apparently it did not take them long to process it since I gave her all of the evidence in the false case of item not as described that she opened against me.

I will keep everyone posted. But it's going to be a lengthy process that is only going to end in a judgement against this girl. But it's going to be a large judgement...I will be asking for the cost of the purse, attorney fees etc. And I'm just mean enough to pay the $50 a year to keep the judgement open for the 10 years you are allowed. I also have the right to have a sheriff go to her house and make her fill out a form of everything she owns. If she doesn't do it the sheriff in her county can seize all of her property and auction it. They will then send me a check for money owed to me. That's free for me but not for her, and yes, I'm mean enough to do that as well. If she ever wants a car, house, or any physical property and needs credit to buy it with...they won't touch her. I may never see my money, but she will catch heck for the next 10 years. I was ready to refund her the money...had she not returned it damaged.

[whistlebritchess]

You can E-file many things, but the drawback comes when you have to 'serve' the person.    You also still have to pay the filing fees.

If people would research enough, they would discover they can often file in their own state.   There would be no need to hire an attorney.     Plus, in your filing you can request an automatic garnishment assignment.   Then, you don't have to wait 10 years.  You go after 25% of her her paycheck IF she works.   If not garnish her bank account.  

In case people aren't aware of it;  because ebay is in every state and is advertises in every state, jurisdictions change.    Sellers are like sub-contractors in a manner of speaking...ebay is STILL the contractor.   Ergo, if held to a strict legal sense, they are also liable.   Aiding and abetting is a criminal offense.   If enough sellers would take this corp to task, they WOULD change their policies.    Personally, in instances of fraud, I would file a criminal complaint with the local constabulary, but ONLY if you can prove fraud, theft by deception, embezzlement, etc.