Damaged Return

[zebra_technology_group]

I have recently received 2 return requests for new PC Tablets, stating the Item was faulty or defective.

In the first case, the purchaser said he found the item to be too complicated and he wished to return. I received the returned item and it was damaged and password protected, so I could not use it or resell it. The customer accepted he had password protected the Tablet but did not know how to remove it. Ebay refunded him in full.

In the second case, The seller said the Tablet would not charge. We received the return, The item did charge, there was no fault. However he had used the Tablet and left a lot of personal data on the Tablet (Banking info, Social Media accounts etc). Ebay refunded him in full.

I spoke to Ebay on the phone, and to summarise a long conversation. If a customer returns an item stating it is faulty, Ebay will always fully refund the customer and I then spoke to teh appeals team, who said there is no right to appeal. Ebay suggested I start a legal claim against the buyers via Trading Standards (They gave me teh phone number). So I'm now suing 2 Ebay customers at Ebay's suggestion, which seems odd to me.

How does this compare with other sellers experiences ?  Has anyone pursued a case against a Buyer at Ebay's suggestion ?

Thanks

[rusticrye · Accepted solution]

Ebay have no idea what you actually sent, or what condition it was in when sent, or what you received back, 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 refund on return, Ebay will force the refund, and slap a damaging defect 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.

So you have to refund on receipt regardless, 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, say, 7 days to send cleared payment or you will be taking legal action.

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.

@zebra_technology_group 

[g20132013 · Accepted solution]

Excellent detailed answer above. Small claims court is only way for large/expensive items

I agree with the OP though - its incredibly frustrating ebay doesnt provide any protection for sellers. It does open up the market to scammers who send back items damaged/used/etc

[ruby*tuesday]

It is up to you as the Seller to pursue any Legal Claim against the two Buyers. You need to look at Citizens Advice from their Web Site not Trading Standards.