Ebay buyer scam, £600, new iPhone,

bolyki

So I will try to be short:

Buyer says she received a siemens phone with a charger in a iPhone 6 box.
Buyer wants her money back.
After the buyer clicked on buy it now, she asked a question about the origins of the phone, eg if it's from Apple or Carephonewarehouse or others.

Paypal holds the money until this gets sorted.

Seller posted a iPhone 6S Plus 64 GB, sealed, factory unlocked, not touched.
Seller has got proof of purchase, proof of insurance, proof of postage, proof of postage weight.
Seller is left without money or phone.

After a few days seller accepted the return and awaiting for a return from the buyer.
Seller thinks this will qualify as evidence as the shipping weight of what the buyer sends probably will differ.
Seller has reported the buyer already to the Police's fraud dept.
Seller has reported the buyer twice to Ebay for fraudulent behavior and suspicious questions.
Seller has also reported the buyer to PayPal, however they reluctant to do anything as they are waiting for Ebay's response.

Seller is thinking about taking the buyer to small claims court.

Seller would need advice on what are the best options to do.

In terms of Seller, it's me, member of Ebay since 2013 with 12 positive and no negative feedbacks. In terms of buyer, it's a Ebay member from 2009 with 24 positive and no negative sellers. She also carries a Bulgarian name, has got a Facebook not much in used since 2010 and a very basic website for her "job" where she is a child-minder in London. (yeah, hard to argue with someone with a clear CRB)

However the Seller is also a London resident, working for one of the biggest security firms, carrying an SIA card. The seller has also recorded a video of how the box looked like showing the IMEI and serial number, half an hour before shipping. The seller has wrapped the box under post office's CCTV and asked a staff to help.

Reason of writing like this, is to avoid misunderstanding and make a clear statement here. Sorry for that.

If I haven't included something, ask me! and guys, please help me!

ui: the phone was shipped by RoyalMail by Special Delivery and was insured by up to £500.

TKPeters

If you have the IMEI number, tell them you get it blacklisted if the case is not closed within 24hrs, although this will only help in the UK.
https://www.immobilise.com/

Police don't have a fraud dept, you have actionfraud who will only send you a letter to confirm receipt of your complaint.


eBay / Paypal will side with the buyer, as they have no way of knowing what was in the box.

Call both eBay & Paypal & explain the issue & ask for a Buyer account review, in case its a regular issue for the buyer.

We have HD CCTV above our packing station & this would be the only way of proving what was in the package.

The PO CCTV would need to clearly show the seals have not been tampered with.
Royal Mail cannot help, as it was delivered

Seller will have to take buyer to court [https://www.moneyclaim.gov.uk] & let a judge decide who is right
& if you win & do not get your payment within 7 days, pay for the balliffs to give her a visit

theonlywayisup

Thanks for your post, although it wasn't short.

Short is, buyer claims SNAD.

Truth is, buyer will return and seller will refund.

If you want redress you can appeal the ebay decision. If that fails, use your evidence and send an LBA advising of Court action to follow.

TKPeters

theonlywayisup wrote: »

Thanks for your post, although it wasn't short.

Short is, buyer claims SNAD.

Truth is, buyer will return and seller will refund.

If you want redress you can appeal the ebay decision. If that fails, use your evidence and send an LBA advising of Court action to follow.

We use https://www.thomashiggins.com for LBA

lovinituk

TKPeters wrote: »

We use https://www.thomashiggins.com for LBA

Why? Just write one yourself. Plenty of templates around. It doesn't have to be written by a solicitor.

bolyki

Thanks everyone,

@TKPeters The original item weights 0.45KG and my package was 0.47 with the bubble wrap. I think this says it. If he will ship back an item, or a box weighting less than that or more, I think it's a clear win.

I will definitely not let her get away with this. And sure, I will not go with solicitors just to write letters...

I have just sent her a message on ebay, trying the threatening way:

"Just for a follow-up. I am willing to blacklist the IMEI number as well as contact Apple to remotely block the the phone and report it to the police and take Ebay and then you, the buyer to the Small Claims Court if you do not close the case. I tell you that the court and debt collector fees will be a lot more than what are you trying to get away with now. Also, I would like to see photos of how the item has looked like when arrived as well as what are you posting as a return now. "

I will give you 7 days to reply.

Regards,

BG

theonlywayisup

bolyki wrote: »

Thanks everyone,

@TKPeters The original item weights 0.45KG and my package was 0.47 with the bubble wrap. I think this says it. If he will ship back an item, or a box weighting less than that or more, I think it's a clear win.



BG

Sadly not, if only it was that easy.

hollydays

I remember a similar thread on another board where the buyer was trying to scam the seller ( though claimed the box was empty and tried to get a refund)The seller used tamper proof seals , the buyer was told not to open the box if it appeared to have been tampered with.. It was complicated and a lot or more money than this. The sellers bank came good in the end.

In your scenario, there's nothing to say the item wasn't intercepted in the postal system.

TKPeters

bolyki wrote: »

Thanks everyone,

@TKPeters The original item weights 0.45KG and my package was 0.47 with the bubble wrap. I think this says it. If he will ship back an item, or a box weighting less than that or more, I think it's a clear win.

I will definitely not let her get away with this. And sure, I will not go with solicitors just to write letters...

I have just sent her a message on ebay, trying the threatening way:

"Just for a follow-up. I am willing to blacklist the IMEI number as well as contact Apple to remotely block the the phone and report it to the police and take Ebay and then you, the buyer to the Small Claims Court if you do not close the case. I tell you that the court and debt collector fees will be a lot more than what are you trying to get away with now. Also, I would like to see photos of how the item has looked like when arrived as well as what are you posting as a return now. "

I will give you 7 days to reply.

Regards,

BG

Doubt taking eBay / Paypal to court will work, as you agreed to their T&C's for the Money back Guarantee.

Didn't know [until last night] that you could block/wipe the iphone remotely, as I don't use any Apple products; http://www.dailymail.co.uk/femail/article-3480594

Brooker_Dave

TKPeters wrote: »

Doubt taking eBay / Paypal to court will work

Paypal's T&Cs are pretty suspect, I would imagine that any court would side with OP, and TBH paypal would cave in rather than facing a judge.

GabbaGabbaHey

bolyki wrote: »

I have just sent her a message on ebay, trying the threatening way:

"Just for a follow-up. I am willing to blacklist the IMEI number as well as contact Apple to remotely block the the phone and report it to the police and take Ebay and then you, the buyer to the Small Claims Court if you do not close the case. I tell you that the court and debt collector fees will be a lot more than what are you trying to get away with now.

Hmmm. If she reports that message to eBay, and claims that you are trying to bully or harass her, you may be the one who ends up with a black mark against your account...