eBay - is there ANY recourse at all?
eBay - is there ANY recourse at all?
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CAPP0

Original Poster:

20,881 posts

233 months

Tuesday 7th January 2020
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I've read the multiple posts over the years of people being scammed on eBay, so I know the history only too well, but today they've reached a new low.

Mrs C bought a pack of sealed "minor" (ie not diamonds, rubies etc) gemstones from a reputable website which she uses regularly, and decided to re-sell them on eBay. She makes and sells jewellery from time to time. The gemstones were in a sealed, but see-through, container, and she has certificates of authenticity from the company she bought them from, including carat weights. She sold them on eBay in December.

Yesterday she got a message from her buyer, who said that he had re-sold them, and the person he sold them on to has stated that they are fake, so he wants a full refund, notwithstanding that her listing stated no returns, and this was three weeks ago. She spoke to eBay on the phone last night and subsequently supplied the authentication docs for the stones to both eBay and the buyer. However eBay have today ruled in her buyer's favour.

How the actual fk can they be so utterly stupid? She sent a sealed box of stones for which she has genuine authenticity certificates and yet eBay are still saying they're fake and ruling in the buyer's favour (noting that the buyer was previously happy with them and it's only HIS buyer who is challenging things).

Is there any way at all of going back at eBay? Are they subject to anything like Trading Standards? I guess not - but thought I'd ask.

croissant

1,262 posts

168 months

Tuesday 7th January 2020
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I have no advice to give here, but that does sound ludicrous. It's between the latest buyer and seller to sort out, surely?


CAPP0

Original Poster:

20,881 posts

233 months

Tuesday 7th January 2020
quotequote all
croissant said:
It's between the latest buyer and seller to sort out, surely?
In the real, common-sense world, yes, I agree absolutely. MrsC's buyer appears to have dipped out and wants to transfer that on to her, which eBay are supporting! We don't even know whether he sold the sealed container of stones or broke them out.

zedx19

3,050 posts

170 months

Tuesday 7th January 2020
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Have you actually spoken direct with ebay over the phone? Or just been using the online procedure of uploading documents? You'll probably find you get more helpful response by speaking with them.

CAPP0

Original Poster:

20,881 posts

233 months

Tuesday 7th January 2020
quotequote all
She's spoken to them 3 times on the phone now. Their position as of an hour ago was "since the buyer has opened a case, we need to leave 7 days for you to resolve it between you before we step in", whilst stating in a separate email that if it reaches that point they will find in favour of the buyer despite the authentication docs she has provided!

snuffy

13,358 posts

314 months

Tuesday 7th January 2020
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I used to use Ebay. Not any more. I would not touch it with yours.

Mikedknight

739 posts

123 months

Tuesday 7th January 2020
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Ask the customer to return them, chances are they haven’t got them. I’m a regular eBay seller and it’s very difficult to get the right result against a buyer unfortunately. If it’s for a reasonable amount of money get on mcol, most people fold when the court papers drop through the letterbox.

croissant

1,262 posts

168 months

Tuesday 7th January 2020
quotequote all
out of interest, how much are we talking here value wise?

if it's not much i'd be tempted to move on. Life's too short... Have you got them back now too? Surely they shouldn't refund before the item is returned to you.

Simpo Two

92,917 posts

295 months

Tuesday 7th January 2020
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croissant said:
if it's not much i'd be tempted to move on. Life's too short... Have you got them back now too? Surely they shouldn't refund before the item is returned to you.
That is my experience - buyers can't have the goods AND the money; goods have to returned via trackable post first. Has the buyer refunded his customer or is he just making it up for a freebie? I might say that I'll happily refund his money if he can evidence his story. I doubt he can.

The problem here maybe the 'fake' alert, in which case that rule may not apply. You'll have to respond in writing within the timeframe with the full legal position, contract law etc so eBay have all info with which to decide the case. Appear very reasonable. eBay may just rubber-stamp it through anyway of course; the thing is always skewed to the buyer.

On the plus side, if you lose, then perhaps you can follow the same crooked logic and pass the matter on to the original supplier and get a refund too - after all eBay would have just set the precedent!

CAPP0

Original Poster:

20,881 posts

233 months

Tuesday 7th January 2020
quotequote all
Simpo Two said:
croissant said:
if it's not much i'd be tempted to move on. Life's too short... Have you got them back now too? Surely they shouldn't refund before the item is returned to you.
That is my experience - buyers can't have the goods AND the money; goods have to returned via trackable post first. Has the buyer refunded his customer or is he just making it up for a freebie? I might say that I'll happily refund his money if he can evidence his story. I doubt he can.

The problem here maybe the 'fake' alert, in which case that rule may not apply. You'll have to respond in writing within the timeframe with the full legal position, contract law etc so eBay have all info with which to decide the case. Appear very reasonable. eBay may just rubber-stamp it through anyway of course; the thing is always skewed to the buyer.

On the plus side, if you lose, then perhaps you can follow the same crooked logic and pass the matter on to the original supplier and get a refund too - after all eBay would have just set the precedent!
@croissant - <£100, but MrsC has the bit between her teeth now and she's unlikely to let it go, although I do agree with your sentiment.

@Simpo - no, the goods haven't been returned yet and MrsC won't offer that as an option/outcome, it will be up to eBay to specify that. It will be interesting to see whether she gets the same items back that she sent; although she only has photos, some of the stones were cut in a specific shape, and were a specific colour, so it's difficult to see how a fraudster will replace those with identical glass items (which he's claiming they are).

I think overall this is just the frustration of running up against a juggernaut like eBay and not being able to have a rational conversation, having instead to rely on an operative asking you questions from a script, with the next question being determined by a click of their mouse and not an active decision.

Kev_Mk3

3,667 posts

125 months

Tuesday 7th January 2020
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You have the delivery details and contact details for the person I assume.

dmsims

7,458 posts

297 months

Tuesday 7th January 2020
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You could name and shame the buyer (not here)

jonamv8

3,288 posts

196 months

Wednesday 8th January 2020
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I honestly don’t know how people continue selling on eBay these days, I feel your pain

p4cks

7,512 posts

229 months

Wednesday 8th January 2020
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jonamv8 said:
I honestly don’t know how people continue selling on eBay these days, I feel your pain
snuffy said:
I used to use Ebay. Not any more. I would not touch it with yours.
This. I only sell low value items on there now because of 'the customer is always right' attitude that they have, which is easily exploited.

They don't give a st

PF62

4,065 posts

203 months

Saturday 11th January 2020
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p4cks said:
This. I only sell low value items on there now because of 'the customer is always right' attitude that they have, which is easily exploited.

They don't give a st
The difficulty is there is an equal mix of dishonest sellers and buyers, which is impossible to police.

I bought an item last week from an individual. Listed as a genuine manufacturers item to be posted from the UK.

What arrived was a fake from Lithuania.

Now I am seeking a refund and fully expect eBay to believe me, but realistically how the hell can it arbitrate remotely.

As with the OP. Sure I believe they sent genuine goods and have the proof of purchase, but how does eBay know they didn't keep the genuine items and sold some fakes they also had. They can't.


Helicopter123

8,831 posts

186 months

Monday 13th January 2020
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eBay is totally tilted in the buyers favour.

Great place to buy, not so good for selling.