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Seller has admitted they committed fraud. EBay support not being very helpful.
I bought my sisters kids a box of Cadburys Heroes for Christmas, for £29.99 from a seller on eBay. Instead, the seller went on Amazon and bought a box of Cadburys biscuits for £16.99. They arrived in an Amazon van, with Amazon packaging, and I got a text from Amazon confirming their delivery.
When I asked the seller why they did this, they said the item I ordered was “out of stock” so they sent these instead. Providing a replacement of lesser value without consent is fraud under UK law.
I contacted eBay and was advised to open a return which I did. A return is not straightforward - my sister lives hundreds of miles away and her kids are quite happy with biscuits, but it’s not what I paid for. If I wanted biscuits I would have bought them myself on Amazon. I asked the seller for a partial refund (the difference in price), which they agreed to but they wanted me to close the case first. eBay advised me not to close the case until their investigation is complete.
I have had 4 calls with eBay support about this now. They don’t seem to understand a return is difficult or that the seller has agreed to a partial refund but isn’t issuing it. Every time I speak to someone the “hold” period on the case is getting extended but there is no resolution.
Separately, I have opened a case with the Report Fraud service to take action against the seller for fraud, but I just want the difference in costs back via eBay. Needless to say this is the last time I will use eBay again after this. It’s simply not worth the risk and all of the effort to try and resolve a problem should one arise.
john1297576
Mentor7 months agoOpening a not as described case would have proved expensive for the seller, but by going elsewhere I doubt ebay will help as at most you can only get one refund.
Blaming ebay for your mistakes is not a good idea, their process for getting a FULL refund is very simple, and guaranteed so long as you follow instructions, but as they do not get involved in partial refunds I think you will end up with the biscuits and no more.
Good luck with your fraud case, I suspect it will be a waste of time and get you nowhere. Certainly Police will not be interested.
*vyolla*
Mentor7 months agoReturning a not as described item is really easy. The seller issues you with a pre-paid label and you return the item and get a full refund.
If the kids are quite happy with the biscuits and want to keep them you obviously can't return the order and get a full refund.
Filing a fraud report is a bit over the top though, this really isn't a Police matter. They won't investigate.
chpo_6237
OP7 months agoThe seller has admitted they committed fraud, in writing. I will be pursuing this via the police and making a court claim against the seller for return of the money they committed to refunding me but haven’t.
The option to return the replacement item is no longer an option anyway since eBay changed the return to a case. With understanding like this you must work for eBay support!
tobiasd4
Mentor7 months agoReturn is a case.
You should have returned for full refund.
By keeping item, it is now between you and seller.
papso22
Mentor7 months agoI hope you have a better understanding of court cases than you do of how the money back guarantee and these member to member boards work.
You have been given the correct advice by experienced members who do not work for ebay.
*vyolla*
Mentor7 months agoSorry, with understanding like what?
Do you seriously believe that the Police are interested in you receiving a different item to the one you ordered and didn't bother to simply return it and get a full refund?
Very interested in your court claim though, and would love to know how you get on if you'd kindly pop back and update us.
red_magpie
Mentor7 months agoher kids are quite happy with biscuits
Is that why a return was not straightforward - that her kids have eaten them?
I imagine that all you wanted was to get the difference in price refunded. It is unfortunately not possible to enforce this through eBay, even if the seller had agreed. Partial refunds are only voluntary. eBay can only enforce a full refund on return.
One of the risks of buying on eBay is that there are exact and sometimes frustrating conditions for their money back guarantee. Not understanding these often results in buyers losing a case they could easily have won.
Action Fraud's priority is combatting high-harm online crime, so don't be too disappointed if they are unable to take your case on.