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ebay buyer dispute

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I am hoping that an ebay expert may be able to offer some advice with an item my son sold on ebay. it's a long story so please bear with me.

My son listed a car subwoofer, which he had bought brand new a couple of months before on ebay, at the beginning of the month. Somebody won the item and paid with Paypal.

On the day the item was posted (postage was £13.60, it was heavy) the buyer contacted my son and asked him to keep hold of it, as his car had broken down and he needed the money to repair it. On being told it had been posted he said OK.

A couple of days later my son received a message from ebay to say the buyer had opened a case stating the item was not as listed, and a stop was put on his Paypal account. The buyer was asking for a full refund as the item was dirty(it was as new when it left us) covered in dog hairs(we don't have a dog) and was not in the original box (this was stated in the listing). he also left negative feedback in capitals saying my son was "a fraudulent seller"

A couple of days ago we received an email to say ebay had decided the case in his favour and asked him to return the item and when the tracking number indicated that the item had been delivered he would be issued with a full refund (from my sons account).
Today we received a copy of an email from ebay to the buyer to say that as the package has been, or is about to be delivered that a refund is being issued.

Soon after this I went to look at the buyer's feedback and noticed he had feedback for a similar item which he sold on 21/9. When I clicked on this item it was the subwoofer that he had bought off my son. He had copied all the pictures and text (just changed the font) from my son's listing!

So, in summary; the buyer has been asked to return the item, been issued with a refund today, but has already sold and posted the item to someone else and left negative feedback saying fraudulent seller.
Ebay have told us to wait until the 3/10/11 to see if any package arrives. No idea what will be in this package when/if it arrives!

Any advice gratefully received.
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Comments

  • I have no advice, but I think he has to prove he has sent it to you. Surely he does. It's ludicrous that he sold it again - surely he can't get away with this.

    You have my sympathies. Hopefully soolin or someone will be along to help soon.

    I often wonder with stuff like this - what's to stop him sending a big rock or something?
    Can we just take it as read I didn't mean to offend you?
  • Crowqueen
    Crowqueen Posts: 5,726 Forumite
    You didn't sign for anything that he might have sent back fraudulently, did you? For example, a brick or an empty envelope that he sent back in place of the item in question. If the buyer has been refunded by eBay but you have no item, then that usually suggests a no-fault refund (where eBay refund and the item is the buyer's to do what they want with, but you don't lose anything either), but this is strange. Check that the money has gone out of your account.

    Definitely dodgy and I would see what a small claim through the courts against him would cost you if he has got both item and money.
    "Well, it's election year, Bill, we'd rather people didn't exercise common sense..." - Jed Bartlet, The West Wing, season 4

    Am now Crowqueen, MRes (Law) - on to the PhD!
  • tenno555 wrote: »
    I am hoping that an ebay expert may be able to offer some advice with an item my son sold on ebay. it's a long story so please bear with me.

    My son listed a car subwoofer, which he had bought brand new a couple of months before on ebay, at the beginning of the month. Somebody won the item and paid with Paypal.

    On the day the item was posted (postage was £13.60, it was heavy) the buyer contacted my son and asked him to keep hold of it, as his car had broken down and he needed the money to repair it. On being told it had been posted he said OK.

    A couple of days later my son received a message from ebay to say the buyer had opened a case stating the item was not as listed, and a stop was put on his Paypal account. The buyer was asking for a full refund as the item was dirty(it was as new when it left us) covered in dog hairs(we don't have a dog) and was not in the original box (this was stated in the listing). he also left negative feedback in capitals saying my son was "a fraudulent seller"

    A couple of days ago we received an email to say ebay had decided the case in his favour and asked him to return the item and when the tracking number indicated that the item had been delivered he would be issued with a full refund (from my sons account).
    Today we received a copy of an email from ebay to the buyer to say that as the package has been, or is about to be delivered that a refund is being issued.

    Soon after this I went to look at the buyer's feedback and noticed he had feedback for a similar item which he sold on 21/9. When I clicked on this item it was the subwoofer that he had bought off my son. He had copied all the pictures and text (just changed the font) from my son's listing!

    So, in summary; the buyer has been asked to return the item, been issued with a refund today, but has already sold and posted the item to someone else and left negative feedback saying fraudulent seller.
    Ebay have told us to wait until the 3/10/11 to see if any package arrives. No idea what will be in this package when/if it arrives!

    Any advice gratefully received.
    Contact eBay Customer service explaining that the buyer has been refunded for an item that wasn't returned

    You can prove the item was not returned because the buyer used your pictures to sell the item himself.

    When eBay ask for the pictures send them plus links to your son's auction and the buyer's auction.

    eBay will refund your money and remove feedback and sanction that buyer.

    Good Luck.
  • We haven't received or signed for anything yet, but ebay must have a tracking number because they seem to think it has been, or is about to be delivered. Maybe he has given them the tracking number for when he sold it on. If we do receive a parcel I won't be signing anything 'til I've opened it.
  • tenno555 wrote: »
    We haven't received or signed for anything yet, but ebay must have a tracking number because they seem to think it has been, or is about to be delivered. Maybe he has given them the tracking number for when he sold it on. If we do receive a parcel I won't be signing anything 'til I've opened it.

    Yes, have a camera and scales ready.

    Take a picture of the packet on the scales BEFORE you open it and after.

    The postie will have to wait...
  • Wow. The world of ebay can be very murky.
    Can we just take it as read I didn't mean to offend you?
  • flimsier wrote: »
    Wow. The world of ebay can be very murky.

    No more than 'real life':)
  • Yes, have a camera and scales ready.

    Take a picture of the packet on the scales BEFORE you open it and after.

    The postie will have to wait...

    Good thinking, might do this.
  • There are a lot of scammers on ebay now. People claim to have never received items when they clearly have and you see them then later sell the item that has been sent. Then there is the new thing that as a seller we cant leave negative feedback - so they hold a lot of cards. I have had people try it on aplenty. Some people are just downright nasty and see ebay a place to vent their inner awfulness in leaving negative for no apparent reason. I had someone who left negative feedback - even though they received the item in quick time and everything fine then three weeks later they sent a question which I was unable to answer as I was at Barts with daughter. So within two hours of them sending question negative feedback was left. I opened a case and ebay said there was nothing they could do. however I then listed items and on my listing stated that the one negative I had was from someone who sent a question whilst I was at Barts with daughter - then all the people looking at my listing sent messages to the person who left negative feedback telling them they were a disgrace. With guilt and probs sick of messages they removed the feedback as they would realise I would keep listing and listing and describing why I had one negative feedback.Ebay used to be a nice place but now you have to have eyes in the back of your head and be aware there is some real nasty characters on there who take pleasure in giving nasty feedback - I think they get a kick out of it.
  • NIC26
    NIC26 Posts: 80 Forumite
    The advice on ebay's seller protection FAQ is:
    The buyer returned a different item than the one I sent. What do I do?
    If the buyer returns a different item, or the same item but in worse condition, you should appeal to eBay immediately. We will review the case, and if we find in your favour we will repay you any funds which have been reversed from your account and record the incident on the buyer’s record. If a pattern emerges, we will take action on the buyer for fraud. We also will track the number of times a seller cases this happens, to monitor for potential abuse.

    This person is a deeply unpleasant individual. They have the item without paying and have left feedback that has ruined your son's selling account. I would appeal the refund decision on the 3/10. I would also include link showing that they have resold said item on their account.
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