Dispute - Buyers Payment Institution

[jagrobson]

Hi All,

I have been a member on Ebay for 23 years. I have over 2000 + feedback with no Negatives or Neutrals (ever) but now look like I am going to lose £475 and the items sold.

Quick explanation:

I sold some exhaust manifolds and the buyer waited 60 days to open a dispute saying not as described. I declined as so much time had passed and Ebay closed it because it was over the 30 day time period.

Then buyer started a chargeback with his bank saying 'he didn't recognise the transaction' - I contested and 2 days later the reason was changed to 'Item not received' - I again contested and provided tracking details with picture. Another day passed and the reason was changed again to 'Item not as described' again sent all relevant information and it has now 41 days since chargeback was initiated and in my Ebay account it says 'Awaiting decision'.

I am bemused that his bank allowed him to change his reason 3 times. 

7 days into the dispute he offered to keep the items and I pay him £250 to close the dispute. I rejected that offer.

I have now found the buyer on Facebook and he claims to have sold a set of standard manifolds and fitted upgraded ones (I assume they are what I sold him). 

This confirmed my suspicions but what now makes the scenario worse is he has now provided a tracking number saying they have been delivered back to me (even though dispute still open) which haven't arrived and when I enter the tracking number and then my postcode it says incorrect address.

It is my assumption that (even though I can't prove it) he has used the tracking number for his old manifolds that he sent to his buyer.

I called Ebay and they agree that it makes no sense but their hands are tied.

I have obviously been extremely lucky over my 23+ years as have not experienced this but if I do lose (like most seem to on the forum) I will not sell here again as losing £1000+ would leave a horrible taste in my mouth.

Sorry for the rambling but needed to get this off my chest.

[fotherbale · Accepted solution]

With the evidence that you have already provided, and the fact that the tracking he is using to claim that he returned the manifolds to you relates to a completely different address (presumably nowhere near your own), I really don't see how either ebay or his bank can legitimately uphold his claim. 

If it does go the wrong way, perhaps it is worth you resorting to court action where I am pretty convinced your case would be upheld, and you would also then be able to claim costs against him.  It is a pretty brazen example of attempted fraud to be honest, and certainly he should not be permitted to get away with it!.

[dch2112011]

Strange indeed - usually this would be a section 75 claim(above £100} which from memory cannot be used against a seller when payment goes via a third party ie ebay - however the buyer's payment provider may be allowing a chargeback to be made instead ?

I would be surprised if the buyer succeeds but you never can tell how it will swing - make sure you upload all your evidence to ebay - which I guess you have done after 41 days

[jagrobson]

Thanks for the replies, below is where I am up to (buyer/tracking details removed)

 

 

[*vyolla*]

Presumably you can check the tracking number for the fake return?

I'd file a report with Actionfraud right now, detailing in very simple and factual terms what the buyer has done here, I would then state that an Actionfraud report has been made and would add that reference number to the eBay case, phone eBay as well.

It's vital that this is set out simply, so that it's obvious that the buyer is pulling a fast one here.

[jagrobson]

Thanks for the advice, I will do that tonight.

Below is the tracking details I get (my postcode removed) but as I don't know where he sent it I can't verify where it has gone

This is the message when he asked for refund and threatened me with court action

 

  

[myriad*seller]

He is talking out of this hat and clearly DOESNT do this for a living or he would know you cannot be arrested for small claims court action!!

It is literally a civil matter!

Make the Action Fraud report and add details to the case as suggested 

[jagrobson]

This is what the buyer wrote on Facebook to someone asking for advice

 

I can't prove anything but looks highly suspicious

[*vyolla*]

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@jagrobson wrote:

This is what the buyer wrote on Facebook to someone asking for advice

 

I can't prove anything but looks highly suspicious

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It is, but don't muddy your argument with that, I'd stick to facts. 

[fotherbale]

I am well aware how difficult it can be to get to speak directly with anyone at Evri, but it may be worth a try anyway (possibly via there online chat function and see if they can give you any information on where the fake return was sent - I would strongly suspect the postcode is that of your customer or possibly one of his mates in a nearby postcode area.  As you already have his postcode from sending him the manifold in the first place, it might be worth entering that into the Evri tracking anyway, you never know.

[moldosgifts]

Is there a GPS of the delivery you usually do with evri.

[fotherbale]

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@moldosgifts wrote:

Is there a GPS of the delivery you usually do with evri.

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Almost certainly, but jagrobson will need to know the postcode to which the supposed return was made in order to be able to see any of the delivery details.

[magpiecorner1]

Make sure to keep his address details.

If this all goes backside over elbow, and he is refunded, simply send him an invoice, when not paid take him to the small claims court.  Heck it would be worth the fee for the fun of it, but a very good chance you would win and therefore not have to pay the fees.  Sometimes the pleasure in in the journey.

[jagrobson]

I have just had a message saying the dispute was found in my favour - 'The payment institution sided with you'

It has been a long process (nearly 4 months since sale) 7 weeks but I am so pleased that they saw past the buyers stories/lies.

[dch2112011]

Good news, 

it's a good job ebay have a robust system to put forward your defence to the payment provider on your behalf. (contrary to what many believe on this forum)