Defrauded by a buyer

[gileso123]

Late last year I sold an item on Ebay. The person complained about the item and demanded a refund claiming it was not as described; he also gave me negative feedback.  He was refunded but did not return the items. Within a short time, items identical to the ones I had sold him were being advertised by him on ebay. He claimed one item was damaged and sent a photo of the alleged damage. I did not sell him an item damaged in that way. 

He is a rechromer and has admitted that to me. I think he has rechromed my items, which are my property, and is now selling  them on ebay. I made a complaint to ebay and ebay did nothing at all about it. I am unable to contact ebay despite my belief that he has committed a criminal offence, that of theft.

I am disgusted at the way both he and ebay have behaved over this. I have a negtive rating and do not have my goods back. 

[superchallenge]

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@gileso123 wrote:
There is actually a lot I can do about it. 

Go on, then. Keep us updated.

Whilst you're in court, don't forget to repeatedly leave out a bunch of key information, and lash out at anybody who asks you a question or even makes the slightest suggestion that they're not on your side.

I understand judges love it when that sort of thing happens.

[gileso123]

Yes and as the seller refused to return the goods to me and Ebay did not deal with my complaint I have reason t be angry.

I'd add once again that in law those items remain my property.

[gileso123]

The buyer complained to ebay that the goods were not as described, and supplied as evidence a photo of a damaged item which showed very recent cutting with a metal cutter which was not as that item left me when it was sent to him.

Ebay upheld his spurious 'complaint' and refunded him from my funds without referring to me.

[gileso123]

Ok then, so I can buy goods off Ebay, damage them, demand a refund on the basis that they goods were not as described, and when the seller refuses a refund because he states, rightly, that the items were not damaged when they were despatched, he has absolutely no substance to his argument.

That's your view. It's a licence for cheats and frauds.

[lucy_farmer · Accepted solution]

'Ok then, so I can buy goods off Ebay, damage them, demand a refund on the basis that they goods were not as described, and when the seller refuses a refund because he states, rightly, that the items were not damaged when they were despatched, he has absolutely no substance to his argument.'

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Well yes, yes you can.

But you won't get many items *and* the refund.

99.9% of sellers will accept the return and won't refund until they get their items back. That's how returns are supposed to work. They've read the rules and know they've no choice.

They may well be 'right' and the buyer is pulling a fast one, but unfortunately that's tough.

Yep, it's not 'the law',  but because of the User Agreement (which obviously you've read, understood and agreed with, simply by using ebay....) you're not going to get far with many legal avenues.

(Opening a 'not as described' case for return , is how a certain ammount of buyers get stuff returned and refunded when they've simply changed their mind about the item, and the seller 'doesn't accept returns'. Unethical, but it happens)

[gileso123]

It does seem to be the case and it is shameful that Ebay permits it to happen.  Ebay needs to put its house in order; unfortunately it seems to be doing the reverse. It's impossible to speak to customer service agents any longer  as one example.

[tressygirl]

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@gileso123 wrote:

 It's impossible to speak to customer service agents any longer  as one example.

If you ever wish to, you can speak to an eBay Customer Service agent.

This is the easiest and quickest way to contact eBay Customer Services, for a Call Back option.

https://www.ebay.co.uk/help/eua?id=5275&mkevt=1&mkpid

Lines open 8 a.m. - 10 p.m. on weekdays

9 a.m. - 6 p.m. on weekends.

Automated agents will be available on chat outside of the above hours.

I recommend contacting CS first thing in the morning as there's more chance of Dublin answering.

@gileso123 

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[beastiecuffs]

So what happens if they send you an item but its not the one you sent them.

[lucy_farmer]

'So what happens if they send you an item but its not the one you sent them.'

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When you get the (wrong) item back, take photos (inc. any serial number).

Go to 'Action Fraud Online' and fill in an online fraud report (A.F. don't actually *do* anything with your info ; they're just collecting statistics really....)

Save the Action F. report number and a PDF of the submission.

Then go to your Return case and choose the option 'Report Buyer', and, on that page, choose 'buyer returned different item'. (if you can attach the photo of the different item, so much the better)

Then ebay will refund the buyer anyway.... because, thanks to the MBG, they have to!

Then you have to get hold of a call -back from ebay CS.

(Try asking first thing in the morning 8-9 am I think. You'll get a much better chance of getting somebody from Dublin talking to you; they speak much better English and appear to have more common sense then the guys in the Philippines...)

Tell ebay you've 'been a victim of fraud' on returns number (*your* case number). 

Ebay *should* then send you a link to upload your Action Fraud report. So you up-load it.

Then, finally ebay will hopefully refund the seller in full..........

Yes, it's a fiddly time consuming p.i.t.a. but you should eventually get a refund...... but so will the fraudulent buyer 🙁 ebay won't take that refund back from them.

Ebay refund the seller from their own pocket.

I'm hoping that buyers who try this often enough, will eventually get banned by ebay........ but who knows?

[gileso123]

That's a great idea. Thanks

[gatefittingsdirect]

Why did you refund him before you got the items back?

[phoenix204]

They refused to accept the return so ebay refunded the buyer.

[gileso123]

I didn't refund him. Ebay refunded him and took the money from my Ebay account despite me informing them that the 'evidence' in the form of a photo showing a damaged item was not as I sold him the items.

[gileso123]

Why should I have given him a refund when the goods i supplied were as described?