Help with possible scam

[floopr55]

Hi everyone. I recently sold a handheld gaming console and now i was asked for a refund even though i stated i don't accept returns. The buyer is stating that the item is defective and will not power on, but that is not true as it was tested before shipping and it's very unlikely to be damaged during shipping as it was packed securely.  The problem is that buyers account was created just a few days before he made the purchase and this is looking like a scam to me. He sent me a very low resolution picture and when i asked for clearer pictures, he refused and the reason is that he already packed the item and he only wants to return it, or he will contact ebay. What option do i have? Thank you in advance for to anyone willing to help me

[vinylscot]

@pewzapbang   You are simply giving the buyer false hope. In certain circumstances, eBay may make an ex gratia refund. I really don't think this case is likely to be one where eBay will step in and "cover the cost of the goods". As much as I think we all believe the poster, he can't prove that he sent the newer model. 

It is quite clearly between the buyer and the seller. If eBay were to step in on cases like this, there would be far more of them.

[peturning]

You can't really do that though?

[jpredman1]

if you see them bidding you can just block them I think.

[nigel_paul_wright7557]

"there is no protection for the seller on this platform?"

UK distance selling laws are there to protect buyers.

The only time ebay will protect a   seller is if item is claimed not arrived and there is tracking to say it was received.

[4_bathrooms]

---

@vinylscot wrote:

@pewzapbang   You are simply giving the buyer false hope. In certain circumstances, eBay may make an ex gratia refund. I really don't think this case is likely to be one where eBay will step in and "cover the cost of the goods". As much as I think we all believe the poster, he can't prove that he sent the newer model. 

I suspect eBay covers the cost more often than you realise. Since introducing managed payments eBay has been regulated by the Financial Conduct Authority; part of that regulation means eBay now has a responsibility for protecting it's customers (particularly private sellers) against fraud.

[4_bathrooms]

---

@floopr55 wrote:

i looked in more detail at the photo he sent me and it it for a previous model. if i accept the return and i get back a different product or no product at all, what's next for me? thank you 

---

When you receive the item back you have three days to issue a refund or report a problem; the clock starts ticking once the return tracking shows the item has been delivered (or delivery has been attempted). If the buyer sends back a different item here's what you need to do in order:

1. File a report with Action Fraud. They're unlikely to actually do anything but they should provide you with a reference number and might provide you with a report.
2. At the bottom of the eBay case there should be a link that says "Report a problem" or something very similar. This is not the link that says "Ask us to step in" - don't click that one! If the "Report a problem" link isn't there please let us know; if it is there click on it.
3. The above link should close the return case and open a new one. You need to select "Returned a different item" (or the nearest equivalent) as the reason and - crucially - include the reference number you received from Action Fraud in your report and Action Fraud's report if they gave you one. 

Please let us know what happens and/or if you have any problems doing the above. There have been a few threads like this recently and I have provided the above guidance asking the poster to come back and let us know what happened. In most cases they haven't come back - presumably because the above process worked and they lost interest in the thread they created. It would obviously benefit everyone if we were able to confirm the above process is the way to go in such cases.

[floopr55]

Thank you so much, this is very helpful. The package is on its way back at a carrier hub at the moment. I will post again here when arrives. 

I have a question: does it help if i film the unpacking of the item or it's pointless? thanks again, really appreciate your help guys

[floopr55]

i asked for more photos, but he refused as he "already packed the item securely" and is too much of a hassle for him it seems 

[4_bathrooms]

---

@floopr55 wrote:

I have a question: does it help if i film the unpacking of the item or it's pointless? 

---

It's pointless because it will still be your word against the buyer's; the buyer can simply claim they returned exactly what they received.

In cases like this the Action Fraud reference number appears to be key. That shows you have filed a complaint with the police and are therefore very likely to be a victim of fraud. Under eBay's FCA regulation they have certain obligations when it comes to a consumer (i.e. a private seller) who may be a victim of fraud through use of the platform.

[floopr55]

Update:

The package is showing as delivered but i got nothing - no card to go and collect from the post office or a neighbour either.  Someone was home all day and it was no knocking on the door and no buzzing as i live in a two storey building of flats. 

What should i do next?

[4_bathrooms]

Who was the carrier? Was it Royal Mail and, if so, what service is shown on RM's (not eBay's) tracking page?

[dougbat20]

---

@nigel_paul_wright7557 wrote:

"there is no protection for the seller on this platform?"

UK distance selling laws are there to protect buyers.

The only time ebay will protect a   seller is if item is claimed not arrived and there is tracking to say it was received.

---

There's a difference between protecting the buyer, and easily allowing buyers to scam sellers with no recourse available to them.

If a seller has been scammed by a buyer then they should be able to take action that is appropriate, without having to go through the hassle of a Small Claims Court case.

[floopr55]

It was Royal Mail and the service is Royal Mail tracked returns 48

[4_bathrooms]

---

@floopr55 wrote:

It was Royal Mail and the service is Royal Mail tracked returns 48

---

Is there a GPS scan and/or a photograph on Royal Mail's tracking page?

[floopr55]

no, nothing like that. tracking history is available and it shows the city name with "DO" abbreviation  and the time when it was delivered

[4_bathrooms]

DO = Delivery Office. Your buyer has almost certainly manipulated the return address label so it displayed a different address served by the same delivery office. Therefore, one of your neighbours has likely received an empty box as the postie only looks at the address on the label when delivering the item (nice one Royal Mail...)

You need to follow the instructions in my earlier post; nothing is being delivered back to you. Please let us know how you get on.

[floopr55]

Ok, i will follow those steps and I will update once i have reached a resolution.

Thank you so much foor taking the time and helping out with this problem i have, i really appreciate it 

[arkwebus]

For what it is worth the "small claims court" deals only with Civil disputes and basically where the amount involved is established. 

Scams/fraud/theft is a criminal matter and they are very unlikely to deal with it

@floopr55 

[floopr55]

which option should i choose? as there is no "missing parcel" or anything close to it

[vinylscot]

As an unpaid sale, it is a debt, and should be dealt with in that forum; at least it would be in the Scottish Sheriff Courts. It's not a simple theft or fraud.