eBay buyer claim the item is defective and return damaged

duoshock

Hi,

I sold my laptop a few weeks ago and buyer claim it's defective and the battery is not detected after 20 days of use. I asked for photo and video, and it shows it has the issue described. I've listed the item as no return, but according to eBay policy, I'll have to accept the return if it's defective even I listed as no return otherwise buyer will get a full refund and keep the item. So I issued a return label.

Days later I received the item back to me, The problem he described does not exist, but there are new damages to the laptop. Also, buyer dissembled it and damaged the internal component. Particularly the battery terminal connector, it's broken and barely holding the connector. I believe the buyer deliberately damaged the battery terminal to create the defect so he/she can return the item.

I've recorded video from the moment I received the package from the postmen to unbox check the laptop and checking internally.

I sent a message to the buyer to describe the damage along with the videos and said I will not refund due to the damages. There's no response from the buyer at the time I post this post.

I received an email from eBay and it state I will need to refund to the buyer by 31 Dec. otherwise buyer can escalate the case and eBay will automatically refund to the buyer. I've talked to eBay reps, but they refused to investigate and keep referring to the seller terms. I'm aware eBay is heavily favoured to buyers, and I'm sure the buyer knows what he/she is doing, and certainly will escalate the case to eBay and get a full refund.

've filed a report with Action Fraud, but I don't think they care about this small case. I'm preparing to take it to a small claim court. I know it probably costs me more to going through small claim court, but this point, I'm not worried about the money.

Is anyone have a similar experience?

Any tips to prepare for small claim court?

jsmith9

You will have to refund via eBay as you have said. If you wait for eBay to do it you will not get selling fees back and you will get a defect.

Re the small claims court - you will need to show that the damage was done by the purchaser and was not there when you posted it.

in_my_wellies

I have exactly the same problem today. A buyer said I had incorrect description and photos. There are three others listed which look just like mine but I accepted the return, I sent a label, as I know I have to. The item is in three parts, one part has been swapped for a damaged part - unsaleable.  

I've had a ring back from ebay and they suggested I claim from the courier - well no, because the packaging isn't damaged. Then they suggested I contact the buyer, tell him he has sent a damaged item back and agree a partial refund. I can see how that would end.......

Finally, they suggested I become a Top Rated Seller so that when this happens again I can automatically refund only 50% and ebay will close the case without question because 'ebay always wants to protect its sellers'. I shall investigate this

janb5

in_my_wellies said:

I have exactly the same problem today. A buyer said I had incorrect description and photos. There are three others listed which look just like mine but I accepted the return, I sent a label, as I know I have to. The item is in three parts, one part has been swapped for a damaged part - unsaleable.  

I've had a ring back from ebay and they suggested I claim from the courier - well no, because the packaging isn't damaged. Then they suggested I contact the buyer, tell him he has sent a damaged item back and agree a partial refund. I can see how that would end.......

Finally, they suggested I become a Top Rated Seller so that when this happens again I can automatically refund only 50% and ebay will close the case without question because 'ebay always wants to protect its sellers'. I shall investigate this

I`d suggest you ring Ebay again.  There is a section where you complain about a buyer and swapping an item would qualify.  I`d speak to Customer Services again as really the advice about becoming a TRS didn`t really helpyou..Definitely block this buyer.
I`m less than impressed with TRS who bid on an item and then dont pay so get an extra 6 days. I bet he pays at the eleventh hour!

soolin

janb5 said:

in_my_wellies said:

I have exactly the same problem today. A buyer said I had incorrect description and photos. There are three others listed which look just like mine but I accepted the return, I sent a label, as I know I have to. The item is in three parts, one part has been swapped for a damaged part - unsaleable.  

I've had a ring back from ebay and they suggested I claim from the courier - well no, because the packaging isn't damaged. Then they suggested I contact the buyer, tell him he has sent a damaged item back and agree a partial refund. I can see how that would end.......

Finally, they suggested I become a Top Rated Seller so that when this happens again I can automatically refund only 50% and ebay will close the case without question because 'ebay always wants to protect its sellers'. I shall investigate this

I`d suggest you ring Ebay again.  There is a section where you complain about a buyer and swapping an item would qualify.  I`d speak to Customer Services again as really the advice about becoming a TRS didn`t really helpyou..Definitely block this buyer.
I`m less than impressed with TRS who bid on an item and then dont pay so get an extra 6 days. I bet he pays at the eleventh hour!

TRS status has nothing to do with buying and doesn't give a user longer to pay before an NPB can be opened. Everyone regardless of status has 6 days before an NPB can be opened and closed entirely.

OP, phone ebay and appeal the decision.

mimi1234

I was thinking about putting my old laptop on ebay but not so sure I want to now. I've sold two of my previous old ones with no issues but not so sure anymore. Hmm!

If I put it on as not working and only for parts or whatever the phrase is, would that be okay? Or could someone still try a scam?

jsmith9

you put it on with the correct description of its condition.

if you are worried, put it on as collection only with cash on collection - i often sell higher value items that way.

soolin

jsmith9 said:

you put it on with the correct description of its condition.

if you are worried, put it on as collection only with cash on collection - i often sell higher value items that way.

Just remember that a seller cannot remove the ability for a buyer to pay by PayPal, nor can they force a buyer to pay cash. The default payment will always show as PayPal.
https://forums.moneysavingexpert.com/discussion/4949988/collection-only-items#post65282064

OP if you do consider cash on collection only then don’t use eBay , use a site where you are not tied into a non safe payment method. Facebook marketplace, local ads, specialist sites etc. 

[Deleted User]

I sold my old laptop with one of those online companies, they arranged a DPD pick up and they inspect it to make sure they can offer you what they quote. In my case I was offered exactly what was quoted. Paid into my account a day later. They even data wipe for you and send you the data wipe certificates. 

jsmith9

Well what I did was in the description say please pay cash on collection this will give you a chance to examine the item

obviously some people even so paid by PayPal and I promptly refunded it and basically sent them a message saying can't you read! But nicer of course!

 this was before of course PayPal kept the fees after refunding but that's another matter....

soolin

jsmith9 said:

Well what I did was in the description say please pay cash on collection this will give you a chance to examine the item

obviously some people even so paid by PayPal and I promptly refunded it and basically sent them a message saying can't you read! But nicer of course!

 this was before of course PayPal kept the fees after refunding but that's another matter....

The problem with the ‘buyer can’t read’ argument is that the obvious response is ‘seller can’t read or understand ebay terms and conditions’ for which a seller can be reported. 

It will become easier though on managed payments as then eBay offer a QR code to safeguard sellers against a claim of INR when item is collected. I am considering offering some collection only items now that I’m on MP.