Fraud - Obtain Benefit By Deception

[diverdan05]

Fraud offences do vary from State to State, however all revolve around a deception.
I recently purchased an item off a seller after asking specific questions not listed in their description. When it arrived I found the seller had lied about the quality of the item.  I had taken photos of the item and sent these to the seller, who offered a partial refund. When I declined this the seller stated I would have to pay for postage. I outlined what had taken place to the seller and they agreed to send me a postage label. Once the seller received the returned item they refunded my payment. A few days later I noticed the seller had relisted the item, changed the quality but listed that the item has been tested and works perfectly. I then sent further photos to the seller that proved the item is defective. The seller stated they tested this and all similar items they are selling and it worked fine. I then asked the seller what feedback I should leave and was advised that based on everything they had done for me, it should be positive. I left negative feedback also outlining the condition of this item. Within 24 hours this feedback was removed. I then reported this seller to eBay, who advised they would take action. That was a week ago and the item is still being listed. You have to wonder why no action has been taken.

[springyzone]

I don't know why your feedback was removed. There are some things you can't mention in feedback so maybe it broke one of those rules, that is all I can think of.

It is a shame as if the item is defective then your feedback could have ben a heads up to other buyers to steer clear.

By the sound of it, this settlement/refund was done privately and not by you opening an ebay claim for item not as described. 

Ebay usually advises buyers to try to work it out with sellers before opening a claim but quite frankly, from everything I read on these forums, I think opening a proper claim is usually the best way to go.

However, the main thing is you got a full refund. I don't like how the seller tried to scam you into paying return postage. That's fine in a change of mind case but not if an item is defective. In this case I think the seller would have deserved a neg for lying about the condition of an item and then asking you to pay return postage.

Ebay probably won't do a thing, as you have found. Especially with a seller who is insisting the items work fine. All you can hope for is that any later buyer who notices a fault will go on to open a claim for a full refund.

You've done what you could and I am glad you at least got your money back. 

[diverdan05]

Thanks for reply. I did open a return case with eBay and attached the photos that prove the item is defective. Yes I did get my money back, however my concern is for the next buyer who takes this seller at their word. This was the purpose of my feedback, to alert others. It would appear that eBay does not share the same opinion.

[gutterpunkz05]

What were you hoping to achieve by asking what FB you should leave, especially as it would appear you brought this up when questioning  the seller about a relisted item, not part of your actual transaction.

Seems somewhat threatening/intimidatory and bordering on FB Extortion.

[diverdan05]

By asking a seller questions to ascertain men's rea, you have determined this seems somewhat threatening/ intimidatory and bordering on FB Extortion. To save you looking it up. The Definition of Threatening/ intimidatory behaviour is; "intimidation or intentional behaviour that causes another person to fear injury or harm".
Based on this definition and my intention both your comments are therefore wrong. The definition of extortion is;
"the practice of obtaining something, especially money, through force or threats."

Based on the above definition and as my intention was not to obtain money or any form of FB via force or threats, your comment is also wrong. Not sure if you have seen this article, but it makes for interesting reading;

"cnbc.com/2022/09/29/former-ebay-executives-given-jail-time-for-cyberstalking-scheme"

And no, I was not cyberstalking this clearly shonky seller. If a 'Venue' allows a crime to be committed (fraud) after being provided clear evidence, are they therefore not an accessory both before/after the fact?

[repentatleisure1952]

Over the years I have received a couple of items that did not match the description.

I used the MBG to receive a refund & moved on.

I think you need a new hobby.

[diverdan05]

My outlook on life has never been one of "I'm alright Jack". With my boss recently describing my actions as altruistic.

And this is not my first rodeo ( not my hobby ). 

[gutterpunkz05]

Oh boy,  someone who has heard of men's rea, (perry mason re-runs by chance), and relys on Websters defenitions.

Yes,  I stand by my original reply,

Never mentioned cyber stalking,  but if the hat fits!.    As for the link, very old news and don't know why you would think it is relevant to your pursuit of the seller in question.

As for  Ebay removing your negative feedback, whilst it is apparently  irksome to you, obviously the seller was able to convince ebay that it was a breach of policies,  (I wonder which one) and ebay agreed with the seller.

No one here gives a rats what your employer thinks of you.

First rodeo!!!!! or  100th!!!  who cares,  you can enter as many as you like as coming last is easy.

[gutterpunkz05]

Feedback extortion

Buyers aren't allowed to use threats of negative feedback or low detailed seller ratings to get something that wasn't part of the original listings, and sellers can't demand positive feedback from buyers.

[ratman0100]

Wow been a while since I visited these forums. Now I remember why I didnt bother anymore. There is those that wish to **bleep** on anyone who opens a feed. Same old nasty people as usual.