Ebay allowing and facilitating scammer

[paul34kent]

I won an auction for a silver chain, after 5 days the seller listed a fake tracking number so I raised an item not received case. The seller then told a pack of lies claiming he sent the item and sent a screenshot of the postage QR code. He claimed he sent the item but there was a problem with the label and it had been sat at Post Office. Then he magically retried the item he said he had sent untracked as a 2nd class large letter... He then sent the item to a different address on my post code and ebay closed the case. After a falling out with my neighbour 3 doors away he eventually admitted as the parcel was sent to his address he had opened it and didn't like to admit it. Obviously it was a worthless dishcloth inside instead of the Gucci Pendant and chain I ordered. So the upshot is ebay close the case as despite it clearly wasn't sent to my address it was sent to my post code?? This is proof of delivery according to ebay and they told me they would always side with the seller in this instance bizarrely.... So the seller kept the item, and the money, and ebay deleted my feedback and I can no longer leave feedback... Gotta hand it to them they know how to beat ebay and keep everything including 100% feedback!!! So if you want to beat ebays system send a worthless item to a different address on the buyers postcode and you will win the case every time!!! P.S. My relationship with my neighbour is now destroyed because of it! Well done ebay, you support and facilitate scammers!!!!!

[jckl1957]

If you had retrieved the item, you could have opened a return on the grounds the item was 'not as described'. You had 30 days from delivery to do so.

When you think about it, why would your seller bother to send a worthless item elsewhere?  Why would they send it to an address so close to you?  It was always likely you would be able to get it and pursue them for a refund by opening a return.

I am surprised that your neighbour opened a parcel clearly meant for you.  Are you sure that the neighbour was being honest about the contents of your parcel?

[paul34kent]

The item was only retrieved after ebay closed the case. Also after blazing rows with the neighbour as delivery photo clearly shows their flooring. After contacting ebay they actually agreed that the parcel in the Post Office photo was not representative of what I ordered.... You can also clearly see the address is wrong on the delivery photo. The parcels sent to their address not mine, they didn't recognise the name so opened it, (I offer a lot of people would open a parcel addressed to their address?) they were then ashamed to admit this at first.

[red_magpie]

ebay close the case as despite it clearly wasn't sent to my address it was sent to my post code??

This seems to confirm what at least two other buyers have told us in the past: that eBay appears to accept delivery anywhere in the buyer's postcode area - which would typically cover 12 -1 5  addresses, although it can be up to 100 or more.

eBay's policy has been revised since the last time, and the evidence they now require for successful delivery is as below:

The fourth requirement is relevant. As I read it, this now requires the recipients address as well as the postcode that matches the order details. Three doors away is not the user's address.

The previous version of eBay's policy appeared to imply that the postcode alone would be sufficient, and I suspect they are still following this approach. (eBay customer support is famous for not knowing its own t&c.)

What you can do about this is another matter. If you have the option to appeal, IMO this would be grounds for an appeal. If you can't appeal to eBay, the problem as always is that eBay's money back guarantee is unregulated. eBay has structured its affairs in such a manner that although buyer payments are covered, as they legally have to be, it's money back guarantee is not. This means that users have no right of appeal eBay's decisions on disputes to any independent authority, however unreasonable or mistaken they may appear to be. (This is one of the reasons why both buying and selling on eBay is risky.)

I can only suggest that you contact your credit or debit card issuer, if that's how you paid, to see whether they can help. Either could possibly issue a chargeback, or a credit card may even have a statutory duty under a Section 57 of the consumer credit act to refund you, especially if the seller was a UK registered business seller.

Good luck!

[john1297576]

This seems to be all about delivery, but so long as within 30days, you are not prevented for opening a not as described case. This is the only sort of situation where a second case can be opened, but it does still need to be within the 30 days.

As said if too late contact your payment provider.

[paul34kent]

To clarify, I immediately contacted ebay when the seller uploaded fake tracking details, it was ebay that opened the dispute not me. The seller then after first claiming he sent as an untracked 2nd class large letter, magically got it back and claimed he was printing a new postage label and uploaded genuine tracking details for 24hr signed for. The second it showed as delivered the seller contacted ebay and they closed the dispute and removed my feedback. I was confused obviously as I didn't receive it and Post Office slow to upload evidence of delivery photo. Fortunately I could just make out the door number on the label as 3 doors away so was able to go around and see the neighbour. If the door number hadn't been visible on the photo I would have had no idea where it was delivered and I think the scam relies on this.... I would have had to go knock on everyones door in the street! Once ebay close the dispute there is no further dispute option, all your can do is appeal which I did, and that's when ebay say the item was delivered to the correct postcode, and that they would always rule in favour of the seller in this instance, despite they accepted the parcel wasn't representitive of what I ordered and accepting the door number was incorrect. So I am just trying to highlight the problem by putting it on here as its madness on ebays part to accept postcode as proof of delivery. Its a very easy scam and I wouldn't want it happening to anyone else buying through ebay in good faith. I am not naive, been with ebay 22 years. I use to sell a lot on here, would never do it again, but thats another story.... 

[papso22]

As advised, if you lose a case for item not received, you can then open  a case for item not as described, as long as you are within 30 days of delivery.

Appealing is the wrong thing to do if there is tracking showing delivery.

[jckl1957]

Just to make it clear for yourself and other buyers, when you state ' Once ebay close the dispute there is no further dispute option', you are incorrect.

If an 'item not received' dispute is closed because the seller can prove delivery, a buyer is able to open a dispute if they have evidence that the wrong item has been sent.  Was it more than 30 days after receipt that your neighbour admitted they had received and opened your item?

There were further avenues you could explore.

With evidence of mis-delivery from the courier/Royal Mail, you could have gone to your payment provider to start a chargeback.