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Any lawyers out there - eBay scam

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  • RFW
    RFW Posts: 10,391 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Vectis said:
    I don't have a solution to this, however it's pointless people advising the op to pay up and reclaim via the small claims route as the seller has no details of the buyer

    'I have no way of identifying the buyer and no way of getting my bike back from him'

    Correct. Arguably the problem isn't with the buyer, it's with Ebay who intervened. I'd be exhausting all routes with Ebay before doing anything else. At this point, as far as I can tell, the OP's only loss is access to their Ebay account.
    Also, chasing £155 through small claims isn't particularly viable when, in this case, there's no certainty of winning.

    .
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,292 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 22 January 2024 at 10:50AM
    Vectis said:
    I don't have a solution to this, however it's pointless people advising the op to pay up and reclaim via the small claims route as the seller has no details of the buyer

    'I have no way of identifying the buyer and no way of getting my bike back from him'

    Thanks, I missed that bit! 

    RFW said:
    Correct. Arguably the problem isn't with the buyer, it's with Ebay who intervened. I'd be exhausting all routes with Ebay before doing anything else. At this point, as far as I can tell, the OP's only loss is access to their Ebay account.
    Also, chasing £155 through small claims isn't particularly viable when, in this case, there's no certainty of winning.

    I guess OP could pay eBay and then try and claim it back from them, the problem is eBay probably hasn't done anything wrong given this is a chargeback/bank dispute rather than a moneyback guarantee claim.

    That said the example in the video was also one where eBay hadn't done anything wrong and they seem to have paid out because it was cheaper.

    The one thing not touched on in the video (unless I missed it) is whether the person in that example kept their eBay account, you do have to wonder if you sue eBay will they decline to do business with you.

    On the Consumer Rights board it's often said a chargeback for Not As Described requires the goods to be returned, eBay says

    If you ask for an item to be returned to you during a payment dispute, we’ll try to recover the item for you, regardless of whether you accept or challenge the payment dispute. However, we can’t guarantee the buyer will return the item.

    Which is very loose, one question, possibly for @born_again, is how does the buyer win the bank dispute for Not As Described without returning the goods?
    In the game of chess you can never let your adversary see your pieces
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