Is there any hope eBay will side with me during clear cut return fraud?

[enigmarollz]

Sold a board game bundle on eBay of Game A and Game B. Picture of game a and game b. Description of game a and game b. Sold via gsp to a buyer in Germany .

When it arrived, he messaged me asking why Game C wasn't included. Game C was a separate auction he never bid on/purchased, and had not previously mentioned.

After several days of trying to extort an additional item that was never sold to him, he's opened a not as described return case. He continues to mention Game C, despite not in the listing, photo or description.

He has however, now smashed up the other items and taken a photo of them. This was never mentioned before, and has clearly been done in retailation.

Is there any chance eBay side with me? Alternatively, will I need to take eBay to small claims court if they incorrectly take the money from me?

[jckl1957]

This may hinge on the reason the buyer gave for opening a return - did they choose 'items missing' or 'items not as described'.

If they are claiming items missing and you can speak to Ebay Customer services in Dublin, get them to look at the buyer's messages and notes from the case which show the buyer expected something that was never in the listing, then there is a chance they may close the case in your favour.

If it was the pair of games that sold for about £20, it really would not be worth trying to take court action.

[enigmarollz]

So its listed as 'doesnt match description or photos' but his message is 

'The DRCongo box is badly damaged. Several "Thunderstone" boxes were also listed in the offer; they are all missing.'

I feel the box he's smashed up would be covered as postage damage by eBay right? 

My concern is they'll refund him, bill me for the postage both ways and possibly tax.  Small claims court is cheap and easy to prove in that case.

[tobiasd4]

Why do you think ebay are at fault? 

If you have an issue with the case, it is with buyer. 

In ebay user agreement you agreed to accept not as described cases.

TBH. It will cost you a lot if you ignore case.

[enigmarollz]

Who suggested I would ignore it?

If it was damaged in the post via gsp (ignore the fact the buyer smashed it up) , then it's ebays responsibility for fix not mine.

It was also sent as described. The guy is upset because I didn't provide other games he didn't buy with it, which is why he's broken the ones he did buy.

[jckl1957]

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@enigmarollz wrote:

So its listed as 'doesnt match description or photos' but his message is 

'The DRCongo box is badly damaged. Several "Thunderstone" boxes were also listed in the offer; they are all missing.'

I feel the box he's smashed up would be covered as postage damage by eBay right? 

My concern is they'll refund him, bill me for the postage both ways and possibly tax.  Small claims court is cheap and easy to prove in that case.'

Ebay won't cover damage for postage where the buyer has opened a 'not as described', case and you are claiming the buyer damaged it rather than it happened in transit.

If Ebay refund from your funds and you don't refund voluntarily, you won't pay postage both ways because the buyer won't have to return the items.

Small claims court - now 'Money Claim Online' - has a starting cost of £35 so is unlikely to be worth it.

As I suggested, speak to Ebay Customer Services.

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[enigmarollz]

Small claims you add the £35 to the amount owed to you.

I'll wait the two days til eBay can be asked to step in then try and ring them.

[papso22]

You can't ring ebay.  Even call back is tricky now.

My view is that ebay is unlikely to side with you as the buyer has been  clever with the actual claim.

[enigmarollz]

Is it being clever to still reference the item they demanded be sent to them for free? I was hoping that might push it in my odds. Or, if they claimed damage in transit, then the gsp usually takes liability for that and I wouldn't be involved at all.

I did try using call back yesterday but the button didn't even work after I put my number in.

[tressygirl]

Call Back link has changed,  the one below is the one to use now.

I strongly recommend contacting CS at 8 a.m. on weekdays  when ' live agents' come on duty,  and then there's also more chance of Dublin answering.

Try this link , if there's issues if using the app or mobile browser,  try the link with a laptop / PC and try Chrome, that seems to work well with eBay.

eBay Customer Service

@enigmarollz 

[jckl1957]

Your buyer has not claimed that the items were damaged in transit - a 'not as described' case is your responsibility to resolve.  (Personally, for £20, I would have offered the buyer a refund and walked away rather than continuing with the stress and the drama!)

You are jumping ahead of yourself by considering taking Ebay to court.

You will only get a court fee back if you win the case.

Ebay have no responsibility here.

The buyer has not claimed the items were damaged in transit - and you have stated in a public forum that you believe any damage was deliberately caused by the buyer.

Anyway, good luck with whatever you decide to do.

[enigmarollz]

So if he's claiming not as described, then is the damage in transit irrelevant? Then the balance of his claim is complaining I sent him the banana he ordered and not an orange he didn't?

[jckl1957]

'He has however, now smashed up the other items and taken a photo of them. This was never mentioned before, and has clearly been done in retailation.'

That is not 'damage in transit'.

[john1297576]

You do need to do something soon before buyer can escalate. Once escalated ebay will almost certainly just refund and case closed. If ebay takes over that will damage your selling account.

What ever the ending block this buyer.

[red_magpie]

will I need to take eBay to small claims court if they incorrectly take the money from me?

Don't even think about it. You accepted in the user agreement that eBay would make all decisions on disputes and refunds, and you agreed to accept their decisions.

eBay has effectively placed itself above the law in regard to its money back guarantee. The user agreement as above makes it difficult or in most situations probably impossible to legally dispute decisions that you agreed to accept.

eBay has also arranged its corporate structure such as that although its handling of customers' money is regulated by the Financial Conduct Authority, its money back guarantee is not. Similar buyer protection schemes offered by PayPal and credit and debit card issuers are regulated by the FCA, and provide a right of appeal to the financial ombudsman. eBay's money back guarantee alone is unregulated, with no right of appeal against their decisions to any independent authority.

[enigmarollz]

I don't think you can make yourself above the rules in terms and conditions as I know eBay have lost at small claims a load of times 

I'll try getting a call back from them after work and highlight the repeated messages from the customer demanding I send him free stuff. I've used the report a buyer feature too.

[enigmarollz]

So I spoke to them on the phone and they said they need to transfer it, and I will receive a call or email on 24-48 hours. 

Is that a good thing or am I going to be fobbed off

[enigmarollz]

I escalated to eBay , they took liability for the damage