buyer had returend empty box

[firehat]

i had sold an xbox one controller on ebay and the buyer wanted to return it so i accepted it and waited for the contoller to arrive i got a package in the post and it was empty and i wonderd what it was for then i got an email shortly after saying that the controller had been delivered. and i have not got it and the buyer had kept it. ive been scamed off my contoller and hes keeping the £23 that i sold it to him for is there any advice on how i could get the money off him as its still on hold in my paypal account 

thanks 

antonio

[red_magpie]

The "empty box" scam has been around for years, although it's usually from the seller to the buyer. Returning an empty box is less common.

Your problem is that all eBay has to go in is the tracking record - they don't know what the buyer returned, or you received.

EBay's policy is that buyers must return the item sent, in the condition received. In practice, according to numerous complaints we have received from other sellers, as eBay doesn't know what the buyer was sent, or what was actually returned, they are unable to determine who has the valid claim.

In such cases, it appears that eBay gives the benefit of any doubt to the buyer, and enforces a refund.

Whether this is fair, or even legal, hardly seems to matter. We have all agreed in the user agreement to accept eBay's decisions as final. As eBay is unregulated, there is no right to any independent appeal.

This is just another reminder of what a frighteningly risky place eBay is to sell things.