Buyer left negative feedback without contacting me

[min2024syo]

A buyer has left me negative feedback on the same day they received an item. They state the item is used and damaged. 

It does make any sense. If they were unhappy with the item why didn't they just return it? I have had no contact and they haven't responded to me. 

The feedback is fundamentally untrue and I can prove it. The item was new and sealed. 

I sent a feedback request to eBay who have denied my request but as far as I am concerned the feedback is defamatory as it is stating I sold a used and damaged item as new and meant to intentionally damage my reputation. Is there anyway I can escalate in eBay? 

[tobiasd4]

Nothing ebay will do, they will say buyers opinion.

All you can do is leave sensible follow up reply.

[min2024syo]

Even if I can prove with photos and receipts that it's not true? 

[min2024syo]

Has anyone ever gone down the legal route? Suing for defamation? 

[tobiasd4]

Ebay don't seem to care about feedback anymore.

You would have to sue the buyer for defamation, it was them that wrote it.

But can't see it is worth it. 

It would be libel though as it is written words.

[jckl1957]

Although it is difficult, in my opinion, the best thing to do would be to offer the buyer a return.

Ask them to open a 'not as described' case through Ebay.

Get the item back, refund the buyer and then send them a feedback revision request.

Also, again from personal experience, I would use a photo of the actual item in my listing, rather than a catalogue photo.

Taking photos gives you the opportunity to carefully look at the item you are selling.

[papso22]

You cannot prove that what you listed was what you sent.  So you cannot prove the buyer is lying. 

[arkwebus]

The advice of @jckl1957 is excellent.   Do the offer of a not as described case.  

Many people threaten legal action against others on eBay.  I've never heard of a result.   How can you show any damage to your reputation [few will know who min2024syo is outside eBay.  The eBay system allows for negatives].    The buyer is not saying that "you did it" just that there was a stain and problems with stiching.

Some threaten eBay and again the same applies although there may be "out of court settlement"

The difficulty here [and in general] is the chain of evidence.     How would seller "prove" condition at despatch?   How could seller "prove" that courier did no damage?  And so on.     @min2024syo 

[min2024syo]

I took photos before I sent it and also have the original purchase receipt. Without videoing the whole delivery of the item door to door,  a person can never fully prove the item they sent is the one received but that's impossible. I think legally that would suffice. 

The buyer has not responded to my contact so I can't do any of those things. 

That's what's so strange about it. I can't even rectify the situation through a return because they don't respond to contact. 

[john1297576]

Buyer obviously falls into the category of members who never read about the money back guarantee. 

Tactfully you need to point out that if he is not happy with his purchase he should use the money back guarantee to get a refund. There is no point in arguing about condition etc., you want him to realise there are systems available to get a refund and that  leaving negative  feedback without contacting the seller first is NOT THE WAY.

If you can get through to him, then  once refunded send a feedback revision request, this does incorporate provision to send a message.

If he cannot be bothered and does not seem to want a refund, then leave follow up feedback, pointing out that buyer did not contact you to give a chance to sort out the problem.

Last of all add him to your blocked bidders list, you do not need his custom.

[red_magpie]

The feedback is fundamentally untrue and I can prove it. The item was new and sealed.

No, you can't prove it. If it was new and sealed, how can you disprove that there was a stain on the inside, and that part of the stitching had come undone? We don't know where you bought it, but job lots of seconds and repacked customer returns are commonly disposed of through the trade for resale.

Not that eBay would have got involved anyway - your case perfectly illustrates the impossibility of establishing who has "the valid case" when eBay never even sees the item.

Where it's the buyer's word against the seller's, eBay almost always accepts the buyer's. The money back guarantee is designed to automate returns and refunds with eBay only getting involved when a buyer escalates a case for them to step in. In your case, with no possibility of disproving the buyer this would simply result in eBay enforcing a refund, and penalising you with an account defect. If you had not sent the buyer a prepaid return lable it's likely that the buyer would not even be required to return the item.

I'm sorry, but this is the reality of selling on eBay today. In all but name buyers can find a reason to return almost any item if they're not satisfied. Sellers can only accept this, grit their teeth and apologise nicely to the buyer to try to avoid negative feedback.