Annoying buyer - what are my chances with a Paypal claim?

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I sold an item of clothing on eBay last week. I listed it as BNWOT. It is brand new. I've tried it on once, didn't like the cut, but it was too late to return. So I listed it on eBay.

Got an e-mail from the buyer today, claiming that the item is 'clearly used' and demanding a refund. Before I even had a chance to reply, she threatened a Paypal claim.

My guess is that she tried it on, didn't like the cut, either, and wants her money back.

I'm not a business seller. I don't have to give her a refund. The item is in the condition that I said it was (unless, of course, she's worn it herself since she got it). I just don't feel like faffing about with a Paypal claim for so little money. I told her that I'd refund if she sent it back.

But this got me thinking. Where do I stand as far as Paypal is concerned? How can I prove that the item is new? She can mess it up to make it look used, take a photo and send it to Paypal. What are my chances of winning this type of claim?

As I said, it's not a lot of money. I'll refund it just to avoid the hassle. But I don't like the idea of her getting her way. She was rude and accusatory in her e-mail. And since we can no longer leave negative feedback for buyers, I can't even warn other sellers about her being a difficult buyer.
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  • Snakeeyes21
    Snakeeyes21 Posts: 2,527 Forumite
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    But its not in the condition you atate, you have tred it on, hence its not new *wheres that bloody confused smile*

    Maybe you could send her a link to this thread to help her paypal claim that the item is infact used..
  • shellsuit
    shellsuit Posts: 24,749 Forumite
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    Could it have deodorant marks on it maybe?

    Or pet hair?

    Have you asked her why she thinks it has been clearly used?
    Tank fly boss walk jam nitty gritty...
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    To be honest, you would be far better off accepting the return and refunding.

    If you don't, there is the possibility that by the time the buyer opens a dispute, the item becomes damaged, which would almost guarantee the buyer winning the dispute. (it seems that paypal find in favour of the buyer in almost all cases).
    But its not in the condition you state, you have tred it on, hence its not new
    I wouldn't be surprised to find that 20% of all items in M&S have been tried on at some stage, and they are still sold as new.
  • rainbow_carnage
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    shellsuit wrote: »
    Could it have deodorant marks on it maybe?

    Or pet hair?

    Have you asked her why she thinks it has been clearly used?

    I checked it before I listed it. No deodorant marks. We don't smoke or have a pet. The auction stated that I've tried it on, taken off the tags, but never wore it.

    She said it's stretched out. It's not. That's the cut. It's in the same condition as it would be in a shop. Shops allow people to try stuff on and still sell it as new.

    I'm not a newbie. I've been buying and selling on eBay for more than a decade. It's standard practice to sell items that have been tried on but are in pristine condition as 'new' because they are.

    Snakeseyes21, you must be one of those difficult buyers with unreasonable demands. There's a world of difference between trying something on for 30 seconds and actually wearing it. If you can't tell the difference between the two, I pity your sellers.
  • Auntie-Dolly
    Auntie-Dolly Posts: 1,008 Forumite
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    No need to be rude dear!
  • soolin
    soolin Posts: 72,206 Ambassador
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    You are almost certain to lose a paypal claim so best avoid the issue by offering a full refund on safe return.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • mishkanorman
    mishkanorman Posts: 4,155 Forumite
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    looks like you will need to refund, thats the joys of selling on ebay unfortunately !
    Bow Ties ARE cool :cool:

    "Just because you are offended, doesnt mean you are right" Ricky Gervais :D
  • Marjory
    Marjory Posts: 38 Forumite
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    Ask her to return and then refund. It isn't worth the hassle.
  • rainbow_carnage
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    Many thanks for your replies. Of course, you're right. It's not worth the hassle. As I mentioned in my first post, I did offer her a refund. I guess I just needed to vent.

    95% of my eBay transactions are perfectly smooth, both as a buyer and seller. Once in a while, I have to deal with someone who either doesn't understand how eBay works, or who tries to exploit the weaknesses in the system. I miss the days when you could leave negative feedback for difficult buyers.

    I wish Paypal and eBay would take feedback into account when deciding the merits of a claim. I have hundreds of positives from buyers and zero negs. My 'item as described' rating is 4.9. The buyer has a much lower feedback score and some negs. Why would Paypal take her word over mine?
  • soolin
    soolin Posts: 72,206 Ambassador
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    Many thanks for your replies. Of course, you're right. It's not worth the hassle. As I mentioned in my first post, I did offer her a refund. I guess I just needed to vent.

    95% of my eBay transactions are perfectly smooth, both as a buyer and seller. Once in a while, I have to deal with someone who either doesn't understand how eBay works, or who tries to exploit the weaknesses in the system. I miss the days when you could leave negative feedback for difficult buyers.

    I wish Paypal and eBay would take feedback into account when deciding the merits of a claim. I have hundreds of positives from buyers and zero negs. My 'item as described' rating is 4.9. The buyer has a much lower feedback score and some negs. Why would Paypal take her word over mine?

    Why wouldn't they? Maybe she is a shooting star TRS on her other selling account in which case you wouldn't stand a chance if feedback mattered.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
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