Ebay has refunded the buyer and I have not recived my product back and am being told to pay ebay !

[uksameer786]

Hi Guys ,

Please can you help , I am new to selling on ebay and just sold a phone wich was around £80 , the phone was recived by buyer and he opened a case on my stating it was not as discribed , I showed evidance that the case was false as I had everyting covered in my listing and the buyer messaged to confirm the details in messages. Not only this the case went on and my money was not relased , I spoke to ebay customer service and they advised to wait to recive product before giving a refund. Insted 5 days before I am supposed to escalte this case as I did not recive anything ebay reinbursed the buyer , he kept my product and ebay is asking me to pay them back ! 

Litreally feel like iv been robbed  , here !

How can I get my money back ?

[rusticrye]

Ebay can have no idea what you actually sent, or what condition it was in when sent and received, 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 have to refund on receipt, 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) if you're 100% sure that's what they've done.  A few of those from different sellers, and their account will soon be toast.  And add their Ebay ID to your Blocked Bidders List so they can’t darken your doorway again.

All you can do now is buy a suitable postage label online, from a carrier of your choice, and email it to the buyer, with a note saying that the phone must be returned to you within 7 days, and must be received back in the exact same condition as sent, or you will be forced to take legal action.  If it isn't returned as instructed, send them a 'before action' letter by Signed For post, telling them they have 7 days in which to return it, or you will be reporting them to Action Fraud (the police's online fraud unit) and taking them to Small Claims court to recover your losses plus all court and other costs.  If still no joy (unlikely, as that's usually enough to scare the pants off most small-time scammers), do just that. It's easy to do, and the process can be started online.

@uksameer786