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Ebay dispute - found in buyers favour - empty package received?

Need some advice,

I posted on here a few days ago regardiong a dispute that was filed against me and was subsequently found in the buyers favor. Ebay instructed the buyer to return the item for a refund.

I received the item back this morning and knew something wasn't quite right when i tried to open it. The whole outer box was literally wrapped in strong parcel tape - it took around 20mins just to cut through the stuff. Once the outer box was opened the buyer had 'jammed' the product box inside using bubble wrap. once i eventually got the product box out i could feel that there was nothing inside - and i was right.

All the package contained was two clear blister packs and the item is no where to be seen....

So what do i do now - im absolutely furious.....
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Comments

  • amcluesent
    amcluesent Posts: 9,425 Forumite
    Was it sent with proof of delivery\online trackable?
  • Firstly does your proof of posting (weight) tally up with the details on the returned empty item??

    This is one avenue to persue with ebay/paypal.

    The other avenue is, as the buyer has tried to scam you, is play them at their own game, did they return it to you tracked?? ;) If not, it never arrived did it :)
  • Firstly does your proof of posting (weight) tally up with the details on the returned empty item??

    This is one avenue to persue with ebay/paypal.

    The other avenue is, as the buyer has tried to scam you, is play them at their own game, did they return it to you tracked?? ;) If not, it never arrived did it :)

    Where would i find the weight on the returned package?

    One of the conditions of him getting his refund was to send the item tracked - he did so via special next day delivery.

    This buyer is VERY clever - the amount of tape used was done so with the intention of 1. bumping the items weight and 2. done so to prevent me from being able to open this up in front of a postman.

    Further to this was the way the inner product box was packed - it was literally squashed in to the outer box - so took for me to literally cut away the whole outer box to gain access to it - again done with the intention so that it couldn't be opened in front of a postal witness.

    i am furious - the buyer has played the system and won - and im now left in a mess....
  • I'm afraid that I would send them something that the dog deposited, no return address of course. Won't get the part back but satisfying. Sorry if this offends the knowledgible folk.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • soolin
    soolin Posts: 74,421 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I'm afraid that I would send them something that the dog deposited, no return address of course. Won't get the part back but satisfying. Sorry if this offends the knowledgible folk.

    I would not recommend any course of action that could result in a police call and repercussions, you are suggesting something that is actually illegal- the OP has enough problems already and hardly needs to end up in the local court himself does he?

    For clarification this is the earlier thread BTW

    https://forums.moneysavingexpert.com/discussion/3788697=
    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.
  • After a phone call with ebay - the buyer is now out of the equation - as far as ebay are concerned the buyer received an item that was not as described and the dispute was found in his favor. From their point of view he posted the item back to us and it was received - therefore he gets his refund.

    From my point of view i owe ebay for the reimbursement - if i win my appeal based on the fact i received an empty package i will get the reimbursement removed - the negative feedback and black mark against my account still stand - how is this fair? The buyer has a lovely refund and a £400 item!!!!

    You cannot tell me that this buyer has never done this before? Everything from start to finish tells me he knew exactly what he was doing and exactly how to do it so he avoids repercussions.

    What are my options now? Legally?
  • verityboo
    verityboo Posts: 1,017 Forumite
    To quote th OP's original thread:

    "I am a private seller and sold an item (PC component) - the buyer received the item and within 24hrs emailed me and said he's received the item but was having some issues/errors. After asking some basic questions i was pretty sure that the issues he was having with the item were down to compatibility with the other hardware he was using. After an agreement from the buyer that this could be the case, he continued running tests. A further 24hrs down the line the buyer still agreed that the issues were probably down to compatibility - he said he'd contact me if anything changed. A few hours later he emailed me and concluded the the item is at fault and that he wanted to return the ite. Not convinced by this (and because all info he's given me lead to compatibility as opposed to fault) i told him i couldn't accept the item back due to incompatibility.

    This kicked off and the buyer opened a case"

    I wonder if things would be different if the OP had simply agreed to a refund on return originally. Only route open now would be small claims court and unless the postage on the returned box shows that it was franked an insufficient amount to include the item (only an empty box) I can't see any chance of proving it wasn't returned
  • verityboo wrote: »
    I wonder if things would be different if the OP had simply agreed to a refund on return originally. Only route open now would be small claims court and unless the postage on the returned box shows that it was franked an insufficient amount to include the item (only an empty box) I can't see any chance of proving it wasn't returned

    To clarify, when the buyer contacted me i did nothing but try and help, it wasn't until 4 days in to an open dispute that the no returns policy was mentioned. Every offer of help i made was refused and met with great hostility - nevertheless i still offered my hand of help each time.

    Do you really think that the buyer's intention was to send the item back? Because i don't... it takes a certain type of person to do what he did - and he certainly did so knowing exactly what the outcome would be. You telling me this buyer didn't know prior to packaging an empty box that there would be no comeback on him? Of course he knew... He knew the moment i signed for that item that he end of the deal was done and dusted - he knew there would be no comeback from either ebay or otherwise - but how would he know this unless he's done it before?

    The type of person that sits there packaging an empty box then walking to the post office knowing what would be waiting for the person the other end is a sly one and one that knows how to play the system to his advantage. No amount of helping/nice talk was ever going to distract this guy from doing what he intended to do all along and that was SCAM me.

    I checked his feedback left for others - it appears im not the only one he's done this to - he's left around 4 negs in the last 5 months (not unusual he's probably had a run of back luck) it's the positives that are a real eye-opener, this guy must have left at least 10 positives that state he had problems but the seller was quick to respond/refund - and ebay stick by someone like this - shocking and utterly disgusting.... Daily/weekly for however long it takes, this guy is screwing people over left right and center and we as sellers are supposed to sit back and take it?

    Round of applause for ebay though - they wrap the scammers up in cotton wool and make it a great place for them to be...
  • There was a thread on Seller Central recently where a seller appealed on the basis that the box was empty and got the refund reversed, you need to put in an official appeal with eBay, not sure exactly how you do this but more info here:

    http://pages.ebay.co.uk/help/seller-protection-faq.html#Can%20I%20appeal%20an%20eBay%20Buyer%20Protection%20decision?
    In the game of chess you can never let your adversary see your pieces
  • verityboo
    verityboo Posts: 1,017 Forumite
    Unfortunately there is the odd scammer on Ebay but they tend to pick their targets - new sellers for instance and those that do seem to understand Ebay rules. I feel that putting "no returns" on your listing, when it is unenforceable, was perhaps a mistake. If you ever try selling on Ebay again I would definitely not put that
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