i was scammed by buyer using buyers protection scheme

[mariia6578]

i sold an item (original Gucci loafers) on ebay.

the buyer scammed me using eBay protection scheme. 

He claimed they are fake and requested a return/ refund.

I have a receipt/ proof of purchase. But eBay didn't communicate with me and didn't ask for any proof of my purchase! I have a reciept for the shoes bout online from gucci store.

they just debited money! And buyer now refuses to send my shoes back. He claims that he wasn't told to send them back by ebay. So he kept my shoes and my money. It is impossible to get in touch with ebay. I am devastated by how unprotected and helpless i am in this situation.

buyer tells me that ebay didnt tell him to return the item and that they told him thet refund was donr by ebay not by me.

I was selling my belongings because i need to survive during the pandemic, its not my bussiness.

I lost my expensive shoes and money.

I feel scared that as a seller you seam to be not protected at all.

i dont know what else should i.

How do i speak to ebay customer service ?

Update: the issue was resolved directly with ebay an i recieved a refund.

[rusticrye]

Ebay can have no idea what you actually 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.

As you failed to agree to refund-on-return, you will have to deal with this outside of Ebay. Start by sending the buyer a tracked postage label (you can buy one from any carrier online, and email it to the buyer), and tell them they have x days in which to repackage the shoes and get them in the post, otherwise you will be forced to take legal action. If they fail to do so, send them a 'before action' letter by Signed For post, giving them a fixed timeframe in which to return, otherwise you will take them to Small Claims court to recover your loss and all court and other fees. If they still don't act, take them to Small Claims court. The process is simple, and can be started online.

@mariia6578 

[red_magpie]

eBay didn't communicate with me and didn't ask for any proof of my purchase!

EBay must have informed you that a case had been opened.

Their stated policy, which you accepted in the user agreement, is that unless they can determine that the item was as described they will find in the buyer's favour. No evidence is required. EBay doesn't ask for, and from what sellers tell us, doesn't take much notice of evidence provided by the seller. EBay would probably say that, even if you could provide proof of purchase, they can't determine that it was for the same shoes you sent to the buyer.

I'm afraid the reality for sellers is that, as eBay never even sees the item, it's become almost a forgone conclusion that they will support the buyer.

You also accepted in the user agreement that eBay would decide whether the buyer has to return the item. If you don't agree to the return and send the buyer a prepaid return label, eBay will enforce a refund without the item having to be returned.

You are right to feel that sellers have little protection in this situation. EBay's money back guarantee is heavily weighted in favour of the buyer, and wide open to abuse. Even if you had sent the buyer a return label, many sellers have alleged that buyers have returned different, worthless items - but that eBay has still enforced a refund.

EBay has become a very risky place to sell anything of value.

[john1297576]

I am afraid that it is your fault, you should have dealt with the case when opened, not dealing with it and buyer escalates to ebay. Ebay will refund on the assuption that you do not want item returned.

Nothing ebay will do now, you have paid a selling fee for nothing and have a damaging defect on your selling account.

You are now stuck, to get them back you would have to send the buyer money to post back with no guarantee that they would not just keep the money and do nothing.

When a case is opened, whatever you may think you must deal with it and appeal/report buyer to ebay afterwards. Whatever ebay do, if anything it will not recover your money.

As a seller you have to accept that ebay will virtually always back the buyer, I doubt that one seller in a 1000 manages to win in this sort of situation.

[tobiasd4]

If buyer claims not as described, ebay always believe them.

You can't prove you send genuine item & buyer can't prove you didn't.

You agree the case & issue returns label, refund on return.

If you refuse or ignore case, ebay assume you don't want item back, so refund buyer with your money & they keep item.

Cases are automated, no human involvement.

[andysgray68]

Customer services will contact you if you click the link right at the bottom of the help and contact page - office hours apply.

However, the buyer cannot expect to keep the shoes if you have made a request for their return, contact them again and politely explain that the legal title for the goods reverted back to you once they received the refund, and that you are now formally requesting the return of your property without undue hindrance or delay.  Remind them that ebay is acting as an agent between the two of you and that at no point did ebay hold the title for the goods - whether ebay failed to remind him of his obligation to return the goods is no longer relevant now you have stated that you want your property back.

You will be responsible for the costs of the return and it is important to act fairly and reasonably in order not to compromise your case should you wish to take it further in future.

Citizens Advice Bureau may be able to help you with small claims but start of with ebay support first.
Remember that the small claims will be the court local to you - they may well not bother to contest...