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not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
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not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!

Original Question
sumpgasket (1163 ) View Listings
sumpgasket
(1 of 15)
not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 12, 2012 10:00 PM

buyer won two phones on the 27th august, clearly labled sold as spares, buyer opened not as discribed case on the first september as one phone wasnt working, he didnt reply to me though the case reply form! no contact atall apart from opening dispute? ebay escalated the case and refunded his money?? he still has the phones! ebay never said return the items to him,so now i dont have the phones or any payment?? can somebody enlighten me?
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sumpgasket (1163 ) View Listings
sumpgasket
(1 of 15)
not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 12, 2012 10:00 PM

buyer won two phones on the 27th august, clearly labled sold as spares, buyer opened not as discribed case on the first september as one phone wasnt working, he didnt reply to me though the case reply form! no contact atall apart from opening dispute? ebay escalated the case and refunded his money?? he still has the phones! ebay never said return the items to him,so now i dont have the phones or any payment?? can somebody enlighten me?

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tiger_owl (0) View Listings
tiger_owl
 
(2 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 12, 2012 10:09 PM

You haven't given us much to go on. EBay does usually require the buyer to refund items before getting a refund; are you sure this wasn't a "courtesy" refund from eBay itself, allowing the buyer to keep the item without returning it?

 

But in general yes, eBay's first priority does seem to be to keep buyers happy. It doesn't seem to be very concerned about sellers.

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cackle_frodo (1166 ) View Listings
cackle_frodo
 
(3 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 12, 2012 10:11 PM

Hi,

 

Seems odd it was found in buyer's favour as they should have been required to return the items to you, via trackable method before the refund was given.

 

Have the monies definitely been taken from your account?  If eBay gave a 'no fault/goodwill' refund, then it will have been monies from thier own coffers and buyer wouldn't be required to return the items.

 

If it is the former, you should have the option to appeal via the dispute.

 


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julie19090_0 (585 ) View Listings
julie19090_0
 
(4 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 12, 2012 10:20 PM

Phones were listed a s Used, not spares or repair.

 

You have to list in the correct category, not just write it in your description. A used phone should still work.

 

If it was a no fault refund then ebay will have paid him out of their own money. You frozen funds should have been released. This is not uncommon for low value items such as this.

 

Ebay will not have escalated the case, the buyer must have done it himself. Ebay just let a dispute time out if the buyer or seller does not escalate the dispute.


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sumpgasket (1163 ) View Listings
sumpgasket
(5 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 12, 2012 10:25 PM

hello, money was put on hold in paypal account, now it says money refunded by ebay,

winning  bidder stated that phone was broken, title on auction said two mobiles sold as spares unchecked!!

i stated this to ebay in the case form as a reply to the buyer, the buyer never responded at all? he escalated the case after 12days and heres the case report?

Customer Support comments:'eBay has decided to refund the buyer. You are not required to reimburse the buyer or eBay, and this case will not be counted in your seller performance evaluation.'Final decision:You were not found at fault.Transaction information:We've removed the hold on this PayPal transaction

 

his paypal payment has been refunded to him and he still has my item?

if this is normal ebay policy everybody should start filling in not as discribed forms as you keep the item and get full refund!!
cackle_frodo (1166 ) View Listings
cackle_frodo
 
(6 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 12, 2012 10:30 PM

Hi,

 

As you have been advised by eBay and suggested above, they have given the buyer a courtesy refund from their own coffers.  Buyer therefore keeps the item.

 

When a dispute is escalated eBay take over. The majority of the time they find in buyer's favour and will refund from seller's monies.  In this instance they have decided you are not at fault and have done the 'courtesy' refund.

 


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julie19090_0 (585 ) View Listings
julie19090_0
 
(7 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 12, 2012 10:36 PM

Sorry to split hairs, but in the item specifics you stated the phones were used. Ebay's definition of used is as follows:-

 

Used: An item that has been previously used. The item may have some signs of cosmetic wear, but is fully operational and functions as intended.

 

If the item is for spares or repair then select that in the item specifics. You cannot state used i.e. it works, and then say it is for spares or repair in the item description.

 

The item specifics over-rule anything you write in the description.


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sumpgasket (1163 ) View Listings
sumpgasket
(8 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 12, 2012 11:16 PM

hello, money definately gone from my paypal account, says payment refunded by ebay on paypal, so i,m baffled and await there response to my email?

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sumpgasket (1163 ) View Listings
sumpgasket
(9 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 12, 2012 11:22 PM

julie i,m not disputeing your point.what i cannot work out is why the buyer should keep the item and still get a full refund? if i brought say a clock off you and said its broke you would say send it back,and get a refund, you wouldnt say keep the clock and by the way heres a full refund too! theres no sense to this at all? i know buyers have rights but clearly sellers do too?

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cackle_frodo (1166 ) View Listings
cackle_frodo
 
(10 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 13, 2012 01:10 AM

Hi,

 

If the dispute had been found in buyer's favour i.e. eBay say you were at fault, then the buyer would have been required to return the item to you, via trackable method and at their own expense before a refund was given.

 

In this instance, eBay have said you aren't responsible and hence you have lost no money - eBay has.  Therefore buyer isn't required to return and can do what they like with the phone.

 

In other instances, if a buyer contacts seller and says something is damaged then most will ask for a photo as proof and if the item is not resaleable/repairable will just refund without asking the buyer to return. 


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sumpgasket (1163 ) View Listings
sumpgasket
(11 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 13, 2012 08:29 AM

cackle_frodo

 

can i clarify? the payment from winning bidder was shown on my paypal account, the payment was put on hold by ebay whilst dispute was active, as soon as decision was reached the payment was returned to the winning bidder of my auction by authorisation of ebay,

so i did receive the funds but now ebay has returned them,

and the phones are still with the winning bidder,

 
cackle_frodo (1166 ) View Listings
cackle_frodo
 
(12 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 13, 2012 12:49 PM

Hi,

 

When a dispute is opened eBay/PayPal will put the relevant funds on hold in your account whilst it's in progress.

 

If found in buyer's favour i.e. you at fault, then you will lose the monies.

 

In this case, they haven't found you at fault and therefore by the sounds of what eBay have told you and what you said in earlier post, the funds have now been released back to you and the buyer has received a 'courtesty refund' i.e. the monies were from eBay - and they keep the phones.

 


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julie19090_0 (585 ) View Listings
julie19090_0
 
(13 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 13, 2012 01:23 PM

Just to clarify.

 

You did actually resppond via the dispute didn't you?

 

If not, then ebay assume you are not interested in your item and can refund the buyer from your account. They do not require the buyer to return the item.

 

What is confusing is the "no fault" decision.

 

Whilst the funds were frozen when the dispute was ongoing they should have been returned/unfrozen as soon as the dispute closed.

 

I suggest a phone call to ebay and or paypal may be in order if the money has definitely gone and not been returned.


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sumpgasket (1163 ) View Listings
sumpgasket
(14 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 13, 2012 03:49 PM

well aft er a few emails i finally got ebay to admit they stuffed up! so people who said i didnt loose money i,m afraid you were wrong, ps now been refunded after a review of the case,see below for part of email,very long winded trying to get sense but got there in the end,

We would like to extend our deepest apology for any inconvenience that this concern might have caused you.


 

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cackle_frodo (1166 ) View Listings
cackle_frodo
 
(15 of 15)
Re: not as discribed dispute found i wasnt at fault! buyer kept the item and ebay refunded his money?? is this normal!!
Sep 13, 2012 05:08 PM

Hi,

 

As you posted earlier:

 

Customer Support comments:'eBay has decided to refund the buyer. "You are not required to reimburse the buyer or eBay, and this case will not be counted in your seller performance evaluation.'Final decision:You were not found at fault.Transaction information:We've removed the hold on this PayPal transaction"

 

So 'yes' eBay do seem to have made a big mistake with that statement if they hadn't, at that stage, released the funds back to you.

 

Glad to hear it's all sorted now though.

 

:)


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