Fraudulent Return and Forced Refund

[hjennerway]

I sold an apple watch series 4 a few weeks ago. It was listed as "excellent condition", used. The buyer messaged me after winning the auction to all say he didn't have time to check the photos properly but could see there were a few scratches from the pics. I confirmed this via message - that there were a few surface scratches but no deep ones - you have to hold the watch up to the light to see them and they're not visible with every day use.

I received £170 for the item and paid £7.50 to post it out the next day via special delivery. The buyer opened a case against me on receipt stating it was SNAD and that it had "many scratches" which is not the case. I refused the refund, eBay decided in his favour anyway and today they issued his refund. I've removed all funding sources from PayPal and eBay and transferred the money to my bank account so I think it's safe.

I disagree with the decision, but for an easy life, was/am willing to refund the amount, minus the postage and PayPal fees, which I cannot reclaim. I've spoken to two eBay reps today and emailed customer service 5 times explaining that the item I received back is actually more scratches - as though he scratched it out of spite and that I'm not willing to pay the postage or PayPal fees as I can't claim these back. The first rep said to send him an invoice (I said this was unlikely to work, and he subsequently messaged me explaining the issue was between me and eBay). The second rep was completely unhelpful and I've had varying advice via email.

I'm really out of options at this point and I have three issues:

1. The item WAS as described, and that without an objective list of criteria to define "excellent", everyone's interpretation is different. I'm not aware of such a list despite asking customer support. Excellent to me is "charger, straps etc included, works perfectly, screen not cracked or significantly damaged"

2. The item was more scratched upon its return

3. Paying the postage fees and PayPal fees will leave me £12.57 out of pocket. 

I've been an eBay member for over 10 years and after this, there is no way I'd ever sell anything ever again. I've explained the history many times to various reps and the worst I've been threatened with so far is a debt collector. I don't fancy having a debt collector turn up and having to explain to them. I hoped my reputation and history would count for something. ☹️

[rusticrye · Accepted solution]

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 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). 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 7 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.

@hjennerway 

[hjennerway · Accepted solution]

This is really helpful. I feel like both the seller and I are sure we're right, hence my frustration about the lack of objective criteria. I don't even have their postal address as they used a collection point, so the only thing I have is an email and a name.

[*guinevere* · Accepted solution]

I was under the impression the OP received the item back and is now £12.57 out of pocket. Why not cut your losses and move on? After adding the buyer's ID to your blocked list of course.

[hjennerway · Accepted solution]

That's correct. I'm £12.57 out of pocket and have a damaged item. By "cut your losses", it seems the only solution is pay the fee, bend over and allow eBay to screw me before closing my account and never using the site again.

[hjennerway · Accepted solution]

This worked, so thanks for the advice. The buyer agreed to pay the postage and fees and I've closed my PayPal account. The appeal is still pending with eBay, but at worst I'll be back to -£5.25 in PayPal fees, which PayPal have advised aren't refundable (not what eBay told me over the phone).