Dispute opened with payment provider

Buyer purchased very expensive fragrance from me. I have it clarified from the manufacturer it's authentic. She set up eBay account and purchased same day. No feedback for me but a month later has opened dispute directly with payment provider 'item not as described' bypassing the eBay 'open a case' process. Obviously I have challenged (100% feedback and sold many perfumes) Have asked her to explain and return fragrance to me. I want to know what happens now if she doesn't reply/doesn't return fragrance. Surely it cannot be she gets to keep the fragrance AND a refund.  Does eBay ever step in? Please advise. Thanks

Message 1 of 35
See Most Recent
34 REPLIES 34

Re: Dispute opened with payment provider

Had they opened an ebay case first ?

Message 21 of 35
See Most Recent

Re: Dispute opened with payment provider


@felinesrfun1 wrote:

I have just won a dispute as the card privider sided with me. Buyer bought a ring, claimed she didn't like it but I didn't refund seller remorse cases and state this in my auctions.

Then she opened a chargeback saying the item wasn't as described which was a blantant lie as she also had paperwork to prove the ring description was correct.

This buyer was trying it on and flip flopped in her messages about what was wrong with the ring. I decided to dispute the charge back providing my close up photos and all her messages changing her mind, claiming new things and stating this was a fraudulent scam which it was.

Given had I agreed she didn't need to return the ring I decided I was on a hiding to nothing so disputed the chargeback because had she won she still might not have returned the ring anyway.

That being the case my next move was the small claims court.

However the card provider saw this for what it was and I am relieved because I stood to lose money I needed.

Those who will say don't sell jewellery on eBay I don't sell anything above £500 and in 15 years have never encountered this problem with 100% feedback as a seller and buyer. As a seller I've had repeat customers and always had happy customers.

So saying you won't win a chargeback is wrong. It can happen as my case proves and if an item cost is worth it then I say go for it.


Was this for an eBay sale or for a sale elsewhere? 

 

 

Message 22 of 35
See Most Recent

Re: Dispute opened with payment provider


@felinesrfun1 wrote:

I have just won a dispute as the card privider sided with me. Buyer bought a ring, claimed she didn't like it but I didn't refund seller remorse cases and state this in my auctions.

Then she opened a chargeback saying the item wasn't as described which was a blantant lie as she also had paperwork to prove the ring description was correct.

This buyer was trying it on and flip flopped in her messages about what was wrong with the ring. I decided to dispute the charge back providing my close up photos and all her messages changing her mind, claiming new things and stating this was a fraudulent scam which it was.

Given had I agreed she didn't need to return the ring I decided I was on a hiding to nothing so disputed the chargeback because had she won she still might not have returned the ring anyway.

That being the case my next move was the small claims court.

However the card provider saw this for what it was and I am relieved because I stood to lose money I needed.

Those who will say don't sell jewellery on eBay I don't sell anything above £500 and in 15 years have never encountered this problem with 100% feedback as a seller and buyer. As a seller I've had repeat customers and always had happy customers.

So saying you won't win a chargeback is wrong. It can happen as my case proves and if an item cost is worth it then I say go for it.


Good to hear that you were able to successfully challenge a chargeback.   I never said that it isn't possible to win, I just pointed out that the chances of doing so are very slim.  Defending an 'Item not as described' chargeback is extremely difficult in exactly the same way that defending an 'Item not as described' dispute under eBay's Money Back Guarantee is. 

 

Certainly, if the item is high value and you have evidence that either proves or indicates that the claim is fraudulent, it is worthwhile challenging. 

 

My guess is that your challenge was successful because the buyer had initially attempted a 'Change of mind return request' and you were able to prove that fact.   If the buyer had just gone straight to an 'Item not as described' chargeback then you probably wouldn't have won, even though that in its self is reason enough for a card issuer to refuse a chargeback (a buyer is supposed to try and resolve the issue with the merchant first before going down the chargeback route). 

 

@felinesrfun1 wrote:

Even if you agree to accept the dispute the item may not be returned so you have nothing to lose. I also filed with action fraud and gave ebay the reference number.

Why should somone be able to defraud a seller and a card provider?

with these cases if a seller loses, eBay should say no money released until the seller confirms return of the item in the original condition.

That would stop a lot of these overnight.

 


Whilst that would indeed resolve a lot of problems, unfortunately, eBay has no control over the refund process.  Once a chargeback is filed the funds are automatically clawed back from the merchant (in this case eBay) and the merchant is then informed of that fact and given the opportunity to challenge the chargeback.  If the merchant challenges the chargeback then the card issuer will decide whether the chargeback should stand or be reversed.  If it is reversed then the funds are returned to the merchant. 

 

The merchant can ask the card issuer to try and get the item back from the buyer but, rightly or wrongly, returning the item is not usually a condition of the refund to the buyer. 

 

Message 23 of 35
See Most Recent

Re: Dispute opened with payment provider


@kath3735_wxmjn wrote:

actually i think it is a government scandal as they see these chargebacks into law.  I am not against them but if someone buys something and then goes to the banks for a chargeback then they should (like e bay does) give you the chance to get the item back,  Okay, you may not get the item back or it may be damaged but at least there is some attempt to be fair to sellers.  As it is it seems to be always on the side of the buyer.


The protection provided under the chargeback process, unlike a Section 75 claim, is in addition to a consumer's statutory/legal rights and is, therefore, not part of any laws and nothing to do with the government (for once).  

 

I definitely agree that card issuers should do more to help sellers get their item back but as things stand there is nothing to make them do so. 

Message 24 of 35
See Most Recent

Re: Dispute opened with payment provider

Just to add to your excellent observations

 

Chargebacks are written into the card processor agreement  ie to accept Visa or Mastercard and others  as a payment method  you must accept the risk of chargebacks - not much difference to members having to accept the ebay user agreement and policies to sell on ebay.

 

This is the power that the major credit cards have because their popularity as a payment method is so strong that sellers wishing to accept card payments have no choice - their customers want to pay by card and without card payments - sales will severely be affected.

 

You cannot legislate against payment providers offering customer protection, no matter what you feel about it as a seller BUT as a buyer you would feel confident in using your card with this protection.

 

ebay do offer seller protections often taking the hit themselves.

 

The real problem is one of scale - ebay being so huge handle a lot of chargebacks and I mean a lot - the cost of individually handling each one as you would if you were holding the card payment agreement is impossible to cater for on an industrial scale  so ebay simply set their own parameters as to how they are managed.

 

Some members gain and some members will lose - but generally ebay offer a fairly reasonable resolution.

 

The new ebay balance if it is used for purchases will eliminate chargebacks - but many seem to knock it kick it and whine and whinge about it - you can't win !

 

To ask ebay to handle each case individually for each member would not be viable - the only solution is stop selling on ebay, stop accepting card payments and accept cash only - good luck with that in this day and age.

Message 25 of 35
See Most Recent

Re: Dispute opened with payment provider

What good will it make to the guy who has no perfume and no monies now. I am sorry but eBay has got to do more - at the very least please ask the buyer to return the item and if they don't comply, close their account or give them a harsh warning

This leaves no other recourse but for the seller to send a letter before action directly to the buyer and pursue this via small claims court

Message 26 of 35
See Most Recent

Re: Dispute opened with payment provider

Absolutely - you should be given a choice to get the item back

Message 27 of 35
See Most Recent

Re: Dispute opened with payment provider

Another " scam" waiting in the wings... surely bypassing eBay and going direct to " payment dispute" gives anyone the option on any item? If the seller is at the mercy of this and a " payment provider"... there is something seriously wrong if they cannot defend their " case" or " evidence/proof" is ignored?  

 

Buyers are apparently protected but what does eBay offer to sellers for " protection?" 

Message 28 of 35
See Most Recent

Re: Dispute opened with payment provider


@vintique*violet wrote:

Another " scam" waiting in the wings... surely bypassing eBay and going direct to " payment dispute" gives anyone the option on any item? If the seller is at the mercy of this and a " payment provider"... there is something seriously wrong if they cannot defend their " case" or " evidence/proof" is ignored?  

 

Buyers are apparently protected but what does eBay offer to sellers for " protection?" 


Very little.   There is limited protection in a payment dispute for item not received or unauthorised transaction, but not for item not as described (unless ebay has already found for the seller in an ebay case for the same reason).

Message 29 of 35
See Most Recent

Re: Dispute opened with payment provider

ebay's protection is pretty good if you send items tracked or with delivery confirmation and it is entered on dispatch, ebay will protect you if tracking shows delivered even if the payment provider finds against you.

 

They even check the carriers website tracking if the ebay tracking does not confirm delivery !

 

Yet another reason to send orders tracked - which many private sellers object to !  If a seller wants to send untracked then obviously ebay nor anyone else can offer protection against chargebacks for non delivery.

 

Sellers need to wake up and smell the coffee rather than expect  ebay to bail them out of situations they create for themselves !

Message 30 of 35
See Most Recent

Re: Dispute opened with payment provider

You're clearly don't understand what the OP was referring to.
Wait till you get one of these chargebacks and then you will smell the coffee 🙂

Message 31 of 35
See Most Recent

Re: Dispute opened with payment provider

Just for clarity  we have received many chargeback claims for INR / unauthorised claims - ebay have 100% protected us against the claims because we have always used tracked postage for all value orders automatically added via the carriers API when printing the labels, ebay always have found in our favour where tracking shows delivered, The not recognised claims are checked against  the account / order details / payment details / address and have again always been closed in our favour.

 

ebay also where a chargeback has been opened before tracking shows delivery have waited a very reasonable amount of time to give the delivery every chance of arriving before making a decision which is their perogative and very much appreciated - ebay's protection is the best on any platform - albeit restricted by simplicity to cater for the volume of transactions that pass through their hands. 

 

Not only have we smelt the coffee we are sitting back and enjoying it !

Message 32 of 35
See Most Recent

Re: Dispute opened with payment provider

The point is that the OPs dispute was for 'not as described'.

Message 33 of 35
See Most Recent

Re: Dispute opened with payment provider

So basically any "unscrupulous buyer"  could receive an item, and bypass eBay and open a dispute with their payment provider for a chargeback? 

 

How is that a thing? 

 

Surely it must pass through eBay first? Otherwise it is open to many a claim. 

 

Regarding sellers protection - it is about time eBay started to think clearly and offer  a "remedy" , otherwise it is just a " buyers market" and sellers might as well give their items away. 

 

I personally have not known of this ( or been subjected to) so it is new knowledge helpfully received. 

Message 34 of 35
See Most Recent

Re: Dispute opened with payment provider

You can submit evidence for not as described via ebay to challenge the dispute - this is passed to the payment institution to consider - based on the buyers claim and the evidence submitted the payment institution will make a decision - which is standard procedure 

 

ebay offer additional seller protection against a not as described claim  where the seller has made a refund or partial refund via ebay or a not as described case has been closed in the seller's favour.

 

This is as good as it gets on any platform and better than any that I know of.

 

In terms of authenticity - an original purchase receipt or letter of authenticity tying the item and evidence together should suffice.  

 

Again this is a similar situation to a case on ebay which many sellers fail to accept or understand thinking that because as a seller they say an item is correctly described a buyer disagreeing with them is scamming them ! -  The law and common sense says differently.

 

The same sellers will at some time disagree with a description when buying online and will vehemently claim they are right and the seller is wrong - such is human nature ! 

Message 35 of 35
See Most Recent