09-05-2020 3:25 PM
The buyer has claimed the handbag 'feels flimsy' and claimed the bag is defective - which it isn't (and as a well known brand, the leather quality is really good and solid!).
Before the auction ended this same buyer had emailed me making a very low offer which I declined. There was no 'make an offer' included in the auction - they just emailed direct.
I will accept the return of the bag in this instance as when I emailed them having received the official Return demand they were quite aggressive. (There was no communication from them to say they weren't happy before this went 'official'), I want to preserve my 100% feedback record and felt intimidated into accepting the return.
However, the buyer has demanded the full price plus the original postage AND I have to pay for the return label. I can't see how, on Paypal, I can deduct the original P&P costs. Do I have to just swallow these costs? Can anyone suggest what I should/can do here?
I haven't yet got the bag back!
Ebay have no idea what you actually sent, or what condition it was in when sent, as they were not present when sent or received, so have no choice but to accept a buyer's word for it when they claim Not As Described, as per their Money Back Guarantee. They cannot get into disputes between you and a buyer. Only a judge can decide if a buyer is a liar or scammer.
You agreed to comply with the MBG when you registered your account. If you dig your heels in and refuse to offer refund on return, Ebay will either force you to pay for a returns label, or they will force the refund without the need for return. You will also have a damaging defect slapped on your account for failing to comply.
This may sound unfair, but it's the fairest it can possibly be. The MBG is a very good thing (although you may not think that at present) as it gives buyers the confidence to shop with you and every other Ebay seller. Without it, you'd be lucky to sell anything at all. In fact, without it, Ebay would no longer exist.
You will have to refund IN FULL on receipt, via the Ebay case, and then report the buyer to Ebay for abusing the MBG by fraudulently claiming Not As Described (via the 'report' button on your ‘leave feedback’ page). A few of those from different sellers, and their account will soon be toast. And add their Ebay ID and PayPal email address to your Blocked Bidders List so they can’t darken your doorway again.
You can then deal with the buyer outside of Ebay as follows:
Send them a PayPal invoice to cover your losses, giving them 3 days to send cleared payment or you will be taking legal action and reporting them to Action Fraud (the police's online fraud unit).
If payment is not received within that timeframe, send them a 'before action' letter by Signed For post, giving them 7 days from receipt to make full and cleared payment, or you will report them to Action Fraud, and take them to Small Claims court to recover your money and all court and other costs.
If payment is still not received (unlikely, as this is generally enough to put the fear of god into small-time fraudsters), take them to Small Claims court if you wish. Very easy to do, and the process can be started online.
(The next time you receive an insulting offer, add the person's Ebay ID to your Blocked Bidders List immediately, before they can buy. As you've found, people who are troublesome at the start, are almost always even bigger trouble further down the line.)
Not very good advice regarding trying to sue your buyer for your losses.
You can only sue for a loss when you make a loss after reselling if you have to sell at a lower price
I'm afraid that the choice whether to accept the return isn't yours.
EBay, not you, decides whether you have to refund the buyer. When it's the buyer's word against the seller's for faults, eBay's policy is to support the buyer. Don't even think of disputing the case; the only difference this will make is that you will forfeit any return of fees, and receive a defect on your account.
You will have to refund the full cost, including postage, and send the buyer a prepaid return label if you want it back. Like all of us, you accepted these policies in the user agrement.
If the buyer opened a case through PayPal, not eBay, they will have to return the bag at their own expense.
If you're accepting a "not as described" return you have to refund entire original payment plus issue a paid-for return label fo the buyer to use. You do all that via the case when you accept the return.
Do not refund from your Paypal account, you risk buyer getting two refunds, the second from ebay if they have to enforce the return, which they will if you don't accept it.
The buyer returns item and when the tracking shows delivery back to you the refund is automatic.