Seller claiming returned item is not the same.

So I bought like two weeks ago an old video game that is quite rare and expensive nowdays. Ended up paying around £250 for it in an Auction.
All good until I received the video game. When I opened the case I noticed straight away the picture on the disc was not crisp and clear as the authentic disc so it was obivously a fake. I put the disc in my PlayStation 2 console and of course it didn't load.

I informed seller and opened a return. I opened the return as an NAD because the language on the back of the case was French which was not mentioned in the listing and also mentioned the video game is more than ikely fake due to the reasons mentioned above.

I had to wait until the last day for seller to send me a return label after I contacted eBay customer support and eBay pushed another notification on the seller to supply the label. Sent the game back and two days later the seller now has opened a claim stating that this is not the same game he sent out.

I did call eBay this morning and exaplined to them everything. They said not to worry as I am definitely covered and will get my money back. My annoyance is with the seller who from the beginning been out to scam someone. Would be a shame if eBay will give both me and the seller money and put the case behind them. Such seller does not deserve to be on eBay and attempt scamming others.

Where do I stand with this and is there any chance I could possibly lose this and not be refunded?


  • theonlywayisuptheonlywayisup Forumite
    15.9K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The seller hasn't opened a claim.  You are the one with the claim open.  As you have returned the item you will receive a refund. 
  • IftiBashirIftiBashir Forumite
    413 Posts
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    Any updates on this - interested to see what happens here. Does the seller just get away with it??
  • olgadapolgaolgadapolga Forumite
    2.1K Posts
    Part of the Furniture 1,000 Posts Name Dropper Xmas Saver!
    Any updates on this - interested to see what happens here. Does the seller just get away with it??
    The seller won't get away with it. 

    We had an item returned to us that wasn't the item we sent out (genuine item sent out, fake returned) and eBay refunded the buyer, despite proof that the returned item was a fake. eBay said that it "could have been swapped during transit". 
  • the_lunatic_is_in_my_headthe_lunatic_is_in_my_head Forumite
    5.5K Posts
    Part of the Furniture 1,000 Posts Name Dropper
    Top rated sellers can deduct up to 50% from the refund to protect against situations such as olgadapolga described.

    If the seller reduced the refund in such a situation that the OP has described the buyer can open a case with eBay who will likely fund the difference, I doubt they will do this on a regular basis to the same buyer for obvious reasons.  
  • MR1988MR1988 Forumite
    161 Posts
    100 Posts Second Anniversary Name Dropper
    Hey, sorry for late response.

    eBay just sent me a refund today. So I did get my money back. Seller is not a top rated seller though he still has items up for sale so I doubt eBay would take any action against seller. The only thing I can do is leave negative feedback with my experience and warn others as well.
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