Possible outcomes regarding return / chargeback

[blue_bear]

Regarding one of the phones I sold, the buyer opened a return request on eBay with a reason 'Just didn't like it'.  He stated that the phones colour looked different in the picture to that in reality. So in essence, he could have opened a not as described case. I didn't agree and cancelled the request. But I sent a message to him that if he's really not happy with the phone, then send it back to my address xxxxxx etc.

has he got ground to open a chargeback and win here as I didn't provide him with a returns label? I read somewhere that I have to provide a returns label as a first point of resolution to realistically win a dispute.

[jckl1957]

The buyer could open and win an 'item not as described' case if they start a chargeback/payment dispute with their payment institution.

The bank/credit card company/Paypal would look at the evidence from the buyer and any evidence you chose to submit and they would make a decision as to whether or not a refund was due.  Ebay would not be able to offer you support, and you would have to fund the refund, as you don't fulfil any of the criteria to get 'seller protection' for a 'not as described' payment dispute.

The fact that you refused a return through Ebay is irrelevant.  The buyer opened a 'change of mind' case and you refused the return.  They can't open another case through Ebay; they could turn to their payment provider.

However, only private sellers are allowed to refuse 'change of mind' returns.  It is clear to anybody who looks at your account that you are trading and should have a business account.  Currently you are denying your buyers their legal rights to return items bought online from a business seller.  I would advise you to upgrade to a business account and allow your buyers returns for any reason.

https://www.ebay.co.uk/sellercentre/selling/create-ebay-business-account

[cobwebcottage]

Have you read the Consumer Rights Act 2015 ?

Consumer Rights Act 2015 (legislation.gov.uk)

[papso22]

It was illegal for you to refuse the buyer's return request.

[blue_bear]

Thank you for the response and putting some time going into some detail. Yes I am in the process of getting my VAT number and regsitering as a business seller. Since this, I have changed all my listings to accept returns within 30 days.

When you say, that I am not covered under sellers protection for a 'not as described' case, how is that so?

[jckl1957]

Ebay state the following - as far as I am aware from your post, none of these applies to your transaction.  So, IF your buyer asks their payment provider to open a payment dispute, you won't get any seller protection.

When a buyer opens a payment dispute because the item doesn't match the listing

When a buyer opens a payment dispute because the item they received doesn't match the listing, sellers will be asked to provide evidence to challenge the payment dispute, such as photographs showing the item's condition prior to shipment.

When determining whether to protect a seller, eBay will look for one of the following:

• The seller issued a full refund to the buyer through eBay
• The seller issued a refund to the buyer through eBay, but deducted an amount from the refund because the item was returned used or damaged (in accordance with our guidelines
• An eBay Money Back Guarantee case of the same type for the same transaction that was already resolved with:
  • eBay determining that the seller met their obligations to the buyer, or
  • eBay issuing a full refund to the buyer

[jckl1957]

That does not mean you can't win a payment dispute but, as the deciding party is the buyer's payment institution, and the buyer is their customer, the odds are stacked against you.

Also, if you challenge a payment dispute and you lose, you pay a £16.80 dispute fee.

Hopefully, your buyer will decide they just want to keep the phone.

[blue_bear]

Since this post, I have sent a pre paid label to the buyer if he wishes to return the phone. This is to rectify my mistake.

Based on the terms of the sellers protection listed above, if the buyer does not open a return request, thereby not giving a chance for the seller to accept a return and refund / partial refund, and instead going straight to the payment provider to open a dispute, I'm assuming that eBay do not cover the seller in this instance?

Also, the payment dispute allows a buyer to open a return for up to 3 months. Let's say after 2 months, the buyer becomes bored of a phone, uses the phone, value has dropped in time and also in its usage. Decides to then open a dispute. By this time, the eBay timeframe of opening a return has ling gone, what are the chances against a dispute and how does a seller improve his chances of winning?

[jckl1957]

'if the buyer does not open a return request, thereby not giving a chance for the seller to accept a return and refund / partial refund, and instead going straight to the payment provider to open a dispute, I'm assuming that eBay do not cover the seller in this instance?'

Would not apply here because the buyer did open a return (according to your opening post) which you closed.

I really don't have any answers to the questions asked in your closing paragraph which are based on a hypothetical situation.

Maybe better to open a new conversation asking sellers for their experiences of 'not as described' payment disputes.

From what I read in the forum, payment institutions are more likely to find in favour of their customer - the buyer.

[myriad*seller]

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@blue_bear wrote:

Since this post, I have sent a pre paid label to the buyer if he wishes to return the phone. This is to rectify my mistake.

Based on the terms of the sellers protection listed above, if the buyer does not open a return request, thereby not giving a chance for the seller to accept a return and refund / partial refund, and instead going straight to the payment provider to open a dispute, I'm assuming that eBay do not cover the seller in this instance?

Also, the payment dispute allows a buyer to open a return for up to 3 months. Let's say after 2 months, the buyer becomes bored of a phone, uses the phone, value has dropped in time and also in its usage. Decides to then open a dispute. By this time, the eBay timeframe of opening a return has ling gone, what are the chances against a dispute and how does a seller improve his chances of winning?

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You'll be shocked to learn that because you failed to register as a business seller before the buyer purchased the phone that they can now return the phone up to 12 months + 14 days after the sale for a full refund, as you failed to comply with the law, so the buyers consumer rights are increased as a result