Buy Claiming Wrong Item Received

[mallen2878]

Recently sold and shipped a mobile phone. Shipping was using eBays simple delivery.

Buyer received item but it isnt a mobile phone but a box of very cheap perfume (like £8 on Amazon).  It is even the correct packing I sent it in.

Either buyer has scammed me or Evri has failed again and someone has swapped out the item.

I've never sold perfume on eBay and certainly would not entertain paying £8 for perfume either. 

Both myself and buyer have opened a case woth eBay. How am I protected here? 

[papso22]

Assuming the buyer didn’t use the reason 'arrived damaged' you have no seller protection under Simple Delivery at all.

There is slso no seller protection under the money back guarantee for a case of 'item not as described'.

The problem is that you have no contract with evri, ebay has, so it is not at all clear what you can do about the switch.

Sorry but this seems to be a new issue with Simple Delivery where we don't know the answer.

[gengarama]

What return reason did they select when opening the case?

There is no protection for you if they have opened a return for it not being as described.

You will have 2 choices.

Refund the buyer in full or pay for a return postage label and when you receive the wrong item back, dispute the retun with ebay.

I recommend making a fraud report on the police's website https://reporting.reportfraud.police.uk/

This will give you a reference number that you can add to the ebay case.

Ebay will probably force the refund and take the money from you, but there is a small chance ebay could pay for the refund themselves.

If you think the buyer is a scammer and want to persue them legally, you can take them to court using the goverments money claim website https://www.moneyclaim.gov.uk/web/mcol/welcome

If you need the buyers name and address you can go to the order details and click "print invoice"

This will show 2 addresses that could be different. The "Post To" and the "Registration" Address. The "Post To" address is the one you sent it to and will likely be their current address.

[suelel1968]

Hi, @mallen2878 You are not allowed to give the buyers details on here. have you checked their feedback and history over the last year? Do they pass a "sniff test"

I looked at your past year history and you will be glad to know you passed my "sniff test"!  Sellers can be scammers too though.  Between sellers scamming the delivery companies and now Ebay SD and delivery companies "mislaying" the parcels and Iphones morphing into bedsheets in transit and buyers claiming the the items are not what they ordered or returning a different item under the Money back guarantee, to name but a few, not many mobile sales seem to happen without incident.

What claim have you made with Ebay? What claim has the buyer made with Ebay?

I fear @papso22 has summed things up well and you will have a fight on your hands. Let us know what happens with the claims that have been made already and perhaps we can help with next steps.

[mallen2878]

Thank you this is very helpful.

[mallen2878]

Having rechecked the photo the buyer sent me it is clear the original packaging in the background is intact and with the label in one piece and no evidence of additional tape being applied.

On the photo the buyer sent me I can see the Evri label is the same label printed at the Post Office where I took the parcel. No evidence of the label being removed or ripped off, and those labels are not easy to remove.

Also the proof of delivery off rhe Evri tracking. I can clearly observe two things here:-

1. The parcel shape and size is clearly representative of the mobile phone box i shipped as it is wider and thinner than the perfume box I have been shown.
2. The parcel is perfectly packaged exactly as I did it as I had sellotape wrapped around the parcel length ways and it is clear this is still the case from the photo.

[suelel1968]

@mallen2878 get advice from CS in the morning. I tried to post a call back link, but it didn't seem to have a call back link on it anymore. Unless someone else has an up to date link just ask the chat bot if you can speak to a human.

Your picture doesn't load, it would be good to see it.

[mallen2878]

Re uploaded picture here. Hope it works.

[mallen2878]

Again here...

[mallen2878]

And the other...

[tressygirl]

Here's the new link below, for Customer Services I strongly recommend contacting them at 8 a.m. when the lines first open for ' live agents',  as then,  there's more chance of Dublin answering.

eBay Customer Service

@mallen2878