potential fraud

[steve068steve]

Hi all, i have perfect feedback, a buyers that i sold a dvd audio disac  to has said it is badly scratched and wants to return, i said it left inperfect condition as ive listened tio  it many times, he said by definition by saying that then  it means its not in mint condition, the pictures are i believe not my item he wants to receive, even though i have told ebay via their fraud option i am still obliged to accept return at my cost and pay for the privelidge, i will probably not get my item i sold back ( the buyer in hindsight paid over the odds as a offer ), so i get the return they get refund im left with an item i cannot sell yet ebay still insist that is tough even though i have told them before the item is coming back its incorrect. So when i receive it back and tell ebay its not the same item will they actually do anything

Any ideas in principle 

[red_magpie]

Any ideas in principle

Only to accept the inevitable. EBay will almost automatically take the buyer's word against the seller's, whether it's over the condition of the item as received or the condition of the item when returned.

We regularly hear from sellers who complain that returns are fraudulent, with buyers either inventing faults to get a free return or keeping the item received and returning a different one. Two sellers have told us eBay's response, which is staggeringly dismissive of the seller's position.

One seller, who allegedly had a valuable item switched for a worthless, reported that eBay had replied: "As we didn't see the original item that you sent to the buyer and we didn't see the item the buyer returned to you, we are not in a position to take sides in these situations and verify who has the valid complaint". EBay's idea of not taking sides was to make the seller refund the buyer!

Two sellers have separately told us that eBay's response was that sellers need to allow for losses from fraudulent returns in the same way as supermarkets do!

EBay has become an absurdly risky place to sell items, especially anything of value. Its money back guarantee policy is effectively a licence to defraud sellers. As eBay is unregulated - which is a disgrace - there is no right of appeal to any independent authority.

[steve068steve]

it is a disgrace, thanks for your responce.

[tsmgmd]

I think you knew the answer before making your post.

If you advertise something as in mint condition then that means just one slight scratch no matter how minimal makes it not as described.

And as eBay cannot overide UK trading law you need to send your buyer a prepaid label for the items return and upon receipt refund your buyer in full.

Regarding contacting eBay you have accused a buyer of fraudulent activity before the buyer has even had chance to return the item.

[m25jet]

Unfortunately you're just going to have to accept the buyer's request to return the item.  Make sure you state via the case that you will refund the money in full upon receipt of the item, then issue an eBay Returns Label.  The buyer gets fourteen days to download and use it to return the item - therefore, if he doesn't do so eBay will probably assume that he's changed his mind and decided to keep the item, in which case you won't be required to refund the buyer's money.

In the event that the buyer returned the item to you but sent you back something other than the item you posted out to him use the Report Buyer option to log a complaint against the buyer.  You'd still have to refund the buyer's money via the eBay case, as if you didn't then eBay would force the refund and you'd be left with an account-damaging defect.  However, if you log a report with eBay relating to misuse of the eBay Money Back Guarantee then they may decide to watch his account more closely.  If the buyer racks up too many reports from sellers relating to abuse of the eBay Money Back Guarantee then eBay may well take action against the buyer, which could be anything from restricting the buyer's right to use the eBay Money Back Guarantee, or if the buyer turns out to be a serial offender then eBay may well take tougher action against the buyer, such as closing his account and chucking him off of the site for good.

Although eBay won't tell you what action, if any, they've actually taken against the buyer it would still be worth logging a complaint against the buyer using the Report Buyer function, as that way you will have done your bit to help try and stop the buyer from screwing other sellers over in the same way.  If it results in the buyer being permanently banned from the site then at least his bad buying behaviour will have ended up backfiring on him eventually.  Although it may not be instantaneous this buyer will get his come-uppance eventually, but it does require some action from those sellers who have been screwed over by the buyer to prevent him from being able to do it again without being penalised.

Finally, if you have not already done so by the time you read this reply, add the buyer's User ID to your Blocked Bidders List.  In order to access your Blocked Bidders List click on this link https://offer.ebay.co.uk/ws/ebayISAPI?bidderblocklogin and a big white box will appear on the screen.  Add the buyer's User ID to that white box, click on the Submit button beneath it and once you have done that the buyer will not be able to purchase anything else that you list on eBay in the future, in which case he won't be able to cause you any further problems.

[rusticrye]

Ebay have no idea what you actually sent, or what condition it was in when sent and received, as they were not present when sent and 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.

You can then deal with the buyer outside of Ebay as follows, if you're sure that they have actually scammed you:

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.

@steve068steve