False ‘item not described’ claim

[kjgreene93]

Hi

I have been mugged off by the buyer and lied to by every single agent I’ve spoken to.

I sold the item on November 17th

Delivered on November 24th

Buyer left positive feedback and that was that

or so I thought…

They buyer opened an ‘item not as described’ on December 24th

Buyer requested a return

"Hello I hope that you are well, I bought an iPhone 14 from you but I’m very disappointed because it doesn’t match the description, the photos come out blurry and low quality on it. I’m even more upset because this was meant to be a present for a close family member, I didn’t return it immediately because I sent it to my country for this person. On the 12th of January I will return this iPhone and I would please like a refund. I can only send it on the 12th because I have to bring the phone to England."

Key points in this this being

• Lied about camera as it was fine when I shipped it
• They shipped it to another country
• Stated they can’t return it to me until Jan 12th (well after the return time frame)

My item was accurately described and in full working order, there were no issues with the camera and that aligns with the fact they left positive feedback

My listing also stated no returns both in the description and options for return

Any damage caused would’ve been done either by the buyer or during their shipment to another country

I have spoken to numerous live chat agents since the case was opened and every single one had said to me I do not need to do anything, to not refund and the case will be closed in my favour (I have kept all transcripts)

The return was then closed in my favour - justice

or so I thought, again…

This morning, as of Jan 4th I received an email stating the buyer won an appeal and I’ve been forced into a £650 refund despite being told by every live chat agent I had spoken to that this would NOT happen

I don’t have the device back and even if I do get it back won’t be until after Jan 12th, as per the buyers original return request message

So by the time I it back, IF I even get it back, the item will be in a different condition to what I sent it because any damage done will have been done by the buyer or their during their shipment to another country and it still needs to be shipped back to England so who knows what further damage could be done to it at this point

But even so, even if the exact same device comes back and in the same condition the buyer stated they can’t get it back to me until after Jan 12th which is close to 2 months after sale - the value of the item has dropped for re sale - surely that isn’t acceptable on that point alone as per the return timeframe!?

What happens should I receive it back in completely different condition to what I sent it or even a different device altogether?

To repeat, I’ve been lied to by every eBay agent I’ve spoken to leading up to the forced refund with all stating that the return will be closed in my favour (which it was initially) no refund will be made and that I do not need to anything

I expect at the absolute bare minimum the refund be removed from my account and covered by eBay themselves due to the continuous lies and false information that’s been fed to me, which I remind I have all transcripts for!

But ideally the refund should be completely reversed and their appeal reversed as it was a false claim to begin with, they shipped it to another country and it’s still there!

I do not care for rules or t&c’s when it comes to refunds and returns on this particular case as I was told by multiple agents NOT to refund and NOT to do anything - which I have the transcripts to back up - so just followed up on what I was advised to do by everyone, yet eBay still force a refund that I was told wouldn’t happen… and as I said, still no item back!

If none of this is done and I don’t receive the device back, can I take legal action?

[pg_kicks]

I dont think you will like the replies to this if I read that correctly and the buyer opened a return request for INAD within the 30 days of delivery and then you didnt accept and just let it ride till eBay made the decision, as with most of these eBay dont force the buyer to actually return it.

You will have to appeal the decision when/if you get it back if its not in the condition you sent it out in, hopefully you took the IMEI number and you can cross reference this too. 

I think you will need to contact eBay customer services, hopefully you get somebody in Ireland as unless I have read it wrong you have been given the incorrect information and you will need to fight this, pretty sure even though eBay say differently, the appeals are AI so even if you have a perfect appeal its ignored or declined, if its not AI then the people dealing with appeals sometimes don't know the policies themselves, which is a bigger worry.

good luck though.

Ps, totally off subject but your picture for the Arsenal jacket really should be retaken as its pretty blurry, also try and add as many pictures as possible, eBay loves as many pictures can you can upload to help against buyers saying its not as described. 

[kjgreene93]

Appreciate the reply

I let it slide because when I contacted eBay to dispute the return request that's what they told me to do 

The return case was then closed in my favour, buyer appealed and I was forced today into a refund out the blue - exactly what everyone had advised me WOULDN'T happen

Key points in my post are the fact they left positive feedback initially, shipped it to another country and proceeded to state they can't ship it back to me until after Jan 12th as that's when they can bring it back to England

It all seemed fishy hence why I went back and fourth with multiple agents, all advising to not refund or return - I have transcripts of every chat

I've been put in the exact situation I was told would not happen but we'll see

I do have the IMEI noted though - what would happen if it is a different device sent back?

They haven't even sent the device back anyway so not even sure I'll get it back anyway but again that's only because eBay told me not return or refund 

[pg_kicks]

I dont think them taking it to another country matters tbh, or the feedback, they have 30 days to open the case, so realistically they could argue that it was broken but they only tried to use that function on day 29. Obviously its annoying but thats how it works, the return is something I've often had disagreements with eBay regarding, they have 30 days to open a case then (I thought) 21 days to send it back to you, this might be different though especially if they only won an appeal today, but if they have received a refund why would they send it back if they were wanting to be an AH?

With regards to the IMEI, if they send you back the incorrect phone you can report yours as stolen and have it blocked, not great but a tiny win.

It sounds like you need to get in touch with eBay, phone early on and just hope you speak to somebody in UK or Ireland, they can go more off script and look into stuff, the CS agents in Albania, South Africa and especially Philippines cant, they tell you whatever you want to hear to get you off the call.

Fingers crossed you get the funds back as it seems from what you've said that you've been advised incorrectly.

Others might be able to offer more/better advice though.

[kjgreene93]

Another issue with this entire case is that because it essentially was left to ride out, it's now not even letting me provide a return label, but as I said it was only left due being told that's what I should do

Wonder where I'll stand when eBay get back to me?

as mentioned I have every chat transcript of what was advised so hopefully they see sense and take appropriate action according to that but if they don't and I'm forced to pay eBay what they've refunded AND I don't end up getting my phone back - that point I'll take legal action along with what I've been told 

I'll do what you do and call in early doors tomorrow morning and hope for someone in the UK to answer 

Cheers for the note on my other listing 

[papso22]

Probably a bit late now but all sellers should acquaint themselves with the money back guarantee, which says:

It's possible that you could have argued the buyer was not covered and had the case permanently closed in your favour.

[douglaspuglas]

Did you not provide a returns label through the not as described case?

If you didn't that's probably why the buyer won their appeal.

[kjgreene93]

No, because every person I spoke to with eBay told me not to do so as the case will be closed in my favour - I have all chat transcripts to back that this is what they told me 

[douglaspuglas]

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@kjgreene93 wrote:

No, because every person I spoke to with eBay told me not to do so as the case will be closed in my favour - I have all chat transcripts to back that this is what they told me 

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Unfortunately they've told you the wrong thing.

If a buyer chooses reasons for the return like "item is defective" or "doesn't match discription or photos" the seller has to pay the return postage.

If the seller doesn't eBay will refund the buyer and tell the buyer they can keep the item.

Make sure you tell CS that they advised you to do the wrong thing.

You may have to keep trying until you get an agent willing to help you.

Good luck.

[kjgreene93]

Wasn't just one agent either, must've spoken to at least 7 or 8 different agents on different days since original claim and all of them said the same thing

Hence why I thought I was fine to leave it

Stress

Love the pug by the way 

[*vyolla*]

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@kjgreene93 wrote:

 I didn’t return it immediately because I sent it to my country for this person.

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Just this one sentence from your buyer means that they should not have won an appeal if they sent that via eBay messages.

Can you just confirm that this is definitely an eBay appeal and not a chargeback that they've asked their card provider to issue (which would also result in a refund from eBay)?

I'll tag kate@ebay.com who may be able to take a look at the full picture and advise. 

[kjgreene93]

Not sure if it's a chargeback or not, as far as I'm aware it was just an appeal but say that as never experienced a chargeback

that sentence above along with the 'can't return until after 12th as have to ship back' are the 2 bits that have me questioning why they won any appeal 

thank you 

[papso22]

Do you know why you won in the first place?  You would have needed to show ebay the evidence yourself, I.e point it out to them, for them to make a decision based on it.

[kjgreene93]

I presumed eBay just backed my case and went against the facts of their message etc

but today after refund went through your the blue agent said it was originally closed by eBay error - again have transcripts that shows them saying this

but doesn't back what I've been told the entire time by everyone since case was opened until today 

[*vyolla*]

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@kjgreene93 wrote:

Not sure if it's a chargeback or not, as far as I'm aware it was just an appeal but say that as never experienced a chargeback

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You said in your opening post "This morning, as of Jan 4th I received an email stating the buyer won an appeal "  - can you see the word 'appeal' anywhere in the message you've received from eBay? 

[kjgreene93]

Hi ,

The buyer asked us to review this case again. After our review, we decided in their favour.

We refunded the buyer £650.00 for their purchase and deducted this amount from your total funds. For more information on how you were charged, see the case details.

doesn't seem to say appeal anywhere, perhaps it was a chargeback?

[douglaspuglas]

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@*vyolla* wrote:

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@kjgreene93 wrote:

 I didn’t return it immediately because I sent it to my country for this person.

---

Just this one sentence from your buyer means that they should not have won an appeal if they sent that via eBay messages.

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Can you explain please.

If they had it sent to themselves here first ( I'm assuming they didn't use a forwarder) and then posted it on why wouldn't they be covered for a return.

[*vyolla*]

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@kjgreene93 wrote:

Hi ,

The buyer asked us to review this case again. After our review, we decided in their favour.

We refunded the buyer £650.00 for their purchase and deducted this amount from your total funds. For more information on how you were charged, see the case details.

doesn't seem to say appeal anywhere, perhaps it was a chargeback?

---

No, that's not a chargeback, it's an eBay appeal and an eBay decision there.

[*vyolla*]

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@douglaspuglas wrote:

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Can you explain please.

If they had it sent to themselves here first ( I'm assuming they didn't use a forwarder) and then posted it on why wouldn't they be covered for a return.

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They've basically gifted it to another person in another country and stated as such.

[kjgreene93]

Well it's a wrong outcome and outcome that i was told numerous times would not happen.

I was told by multiple agents to leave it, not return, not refund and that I nothing to worry about and that it would be closed in my favour.

Everyone that I spoke to since Dec 24th said that until today after the refund just went through anyway. 

Been lied to and fed false information throughout and I've been left mugged off.

Doesnt even let me arrange a postage return now!?

So on the back of all this, with all the chat transcripts I have of eBay advising me the above - am I good to either appeal again or take to court?