Being scammed by a buyer

[speechnot_76]

I need advice in dealing with a buyer who is running a scam on me.

About a week before Christmas I sold a pair of Nikes (new, with box) to a buyer, who after receiving them, immediately initiated a return, demanding his money back and refusing to send the shoes back (he said they were being held "as evidence").  To make it spicier he added some abuse and called me every name he could think of.

My selling account has nearly 700 feedbacks with no negative except for the feedback this buyer decided to leave.

I uploaded a receipt from the retail store where the Nikes were purchased, to the return, which the buyer predictably rejected and continued to demand his money back without sending back the item.

Contacting ebay has been unhelpful.  They advised me to purchase and upload a shipping label to the return, which I did, and the buyer has sent me an empty box.  I haven't opened it, but can feel it's just an empty box.

Can anyone advise my next move?

Thanks in advance!

[countessalmirena]

Go to your local police station. Explain that you have just received back what you suspect is an empty box. Ask the police officer to witness your opening it, and if it is empty, to make a statement to that effect. You can try asking the police officer to open a case number in respect of this, primarily so that you have evidence to present to eBay.

Alternatively, ask an Australia Post employee to be your witness.

A statutory declaration should be the outcome, wherein the witness can state that the box was untampered with and opened in their presence, and the contents were xxxxx.

Contact eBay using the chat facility, and explain that you have a Stat Dec from a police officer and a case file number. Explain that you would like to upload those and to have the buyer's claim rejected as a result.

Make certain that you have all of your ducks in a row before you contact eBay, though. Have all of your evidence to hand, and have a clear outline of what has happened and what you want. Be polite and courteoius throughout.

You can make a complaint to ACSC using ReportCyber as well.

[lumikgroup]

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@countessalmirena wrote:

Go to your local police station. Explain that you have just received back what you suspect is an empty box. Ask the police officer to witness your opening it, and if it is empty, to make a statement to that effect. You can try asking the police officer to open a case number in respect of this, primarily so that you have evidence to present to eBay.

Alternatively, ask an Australia Post employee to be your witness.

A statutory declaration should be the outcome, wherein the witness can state that the box was untampered with and opened in their presence, and the contents were xxxxx.

Contact eBay using the chat facility, and explain that you have a Stat Dec from a police officer and a case file number. Explain that you would like to upload those and to have the buyer's claim rejected as a result.

Make certain that you have all of your ducks in a row before you contact eBay, though. Have all of your evidence to hand, and have a clear outline of what has happened and what you want. Be polite and courteoius throughout.

You can make a complaint to ACSC using ReportCyber as well.

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that would be just a waste of time - Police will do absolutly noting, so is eBay

only option you have is take the buyer to court, like VCAT, will cost you $60, you can do it online, you will win 100% and get full refund plus court costs

Also ask in court to get a letter to ebay to get the feedback removed

[speechnot_76]

Thanks for the response.  How do you know I'll win?

[davewil1964]

I would go with the countess' suggestion first.

There have certainly been instances in the past where her suggestions have worked, so it would be my first choice. Small claims court can always be held as a backup.

[*tippy*toes*]

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@lumikgroup wrote:

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@countessalmirena wrote:

Go to your local police station. Explain that you have just received back what you suspect is an empty box. Ask the police officer to witness your opening it, and if it is empty, to make a statement to that effect. You can try asking the police officer to open a case number in respect of this, primarily so that you have evidence to present to eBay.

Alternatively, ask an Australia Post employee to be your witness.

A statutory declaration should be the outcome, wherein the witness can state that the box was untampered with and opened in their presence, and the contents were xxxxx.

Contact eBay using the chat facility, and explain that you have a Stat Dec from a police officer and a case file number. Explain that you would like to upload those and to have the buyer's claim rejected as a result.

Make certain that you have all of your ducks in a row before you contact eBay, though. Have all of your evidence to hand, and have a clear outline of what has happened and what you want. Be polite and courteoius throughout.

You can make a complaint to ACSC using ReportCyber as well.

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that would be just a waste of time - Police will do absolutly noting, so is eBay

only option you have is take the buyer to court, like VCAT, will cost you $60, you can do it online, you will win 100% and get full refund plus court costs

Also ask in court to get a letter to ebay to get the feedback removed

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As someone who got dragged through Small Claims by a buyer, I can tell you with absolute certainty, that any monies can not be forced to be paid. I won the case because the buyer was in idiot. They were ordered to pay all costs. They paid nothing. My solicitor said while they have been told they have to pay, if they choose not to, then there's not a lot that can be done, other than going back to court, which then costs more money. 

As eBay runs on NSW law, going to VCAT is a complete waste of time.

[speechnot_76]

Thank you everyone for taking the time to respond.  

I don't think the police are likely to get involved in something this small-scale, even if the buyer did essentially defraud me (and Australia Post to some extent).  With COVID, I think their attention is elsewhere.

And I can definitely appreciate going down the VCAT route, but I think the cost-benefit ratio hinted at by *tippy*toes* probably makes it difficult to justify, especially when I could just put that time and money in to selling more items.

I may have come up with a solution, and I'll keep everyone apprised just in case it has value for anyone in the future who is being scammed the same way I am.

Thanks again everyone for being so cool to respond.

[springyzone]

I think at least it is worth a shot at opening it at a post office. Choose one locally that is not all that busy and go in at a quiet time, then they may be more inclined to help you or be a witness.

Then upload your stat dec and comments to the dispute. Do as countess suggested.

It may be that going to VCAT is a wase of time but the fact you covered yourself with the box opening and stat dec plus the threat of VCAT may be enough to make the buyer back down.

[countessalmirena]

The police are there for this sort of criminal behaviour just as they are there for carjacking, burglary and homicide.

speechnot_76, if you go via civil court, you will need to present evidence that the buyer returned an empty box. Even with the lower burden of proof, without evidence that the box was empty upon arrival to you you would be making it difficult to reach even the level of "more likely than not". The judge would wonder (as well he/she might) why you did not open the box in the presence of a disinterested witness of sufficient official stature that his/her word will be considered compelling.

You lose nothing by going to the police or to an Australia Post shop, and asking for an authorised person to examine the untampered-with box, witness the opening of the box, and making a statement about the contents.

It also means a much quicker resolution than hanging around for a date in Small Claims. You take home the Stat Dec (and case number if you make a report), scan the Stat Dec and save as a PDF, get onto Live Chat, explain that you have this information and that you are more than happy to upload it immediately, do so to the email address given (or however the CS rep asks for the information), provide also the case number if you have one, and ask for the buyer's claim to be closed on the basis of that information.

From my own perspective...

... I vehemently disagree with letting people get away with thieving or cheating behaviour because it seems too hard or too much trouble. That only encourages people who behave badly to continue down that path.

[davewil1964]

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@countessalmirena wrote:

The police are there for this sort of criminal behaviour just as they are there for carjacking, burglary and homicide.

speechnot_76, if you go via civil court, you will need to present evidence that the buyer returned an empty box. Even with the lower burden of proof, without evidence that the box was empty upon arrival to you you would be making it difficult to reach even the level of "more likely than not". The judge would wonder (as well he/she might) why you did not open the box in the presence of a disinterested witness of sufficient official stature that his/her word will be considered compelling.

You lose nothing by going to the police or to an Australia Post shop, and asking for an authorised person to examine the untampered-with box, witness the opening of the box, and making a statement about the contents.

It also means a much quicker resolution than hanging around for a date in Small Claims. You take home the Stat Dec (and case number if you make a report), scan the Stat Dec and save as a PDF, get onto Live Chat, explain that you have this information and that you are more than happy to upload it immediately, do so to the email address given (or however the CS rep asks for the information), provide also the case number if you have one, and ask for the buyer's claim to be closed on the basis of that information.

From my own perspective...

... I vehemently disagree with letting people get away with thieving or cheating behaviour because it seems too hard or too much trouble. That only encourages people who behave badly to continue down that path.

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Well said. Too many people take the 'easy' path and these thieves are then empowered to continue their thievery.

Of course, the OP could well be rich enough to write the loss off. They don't seem interested in upholding the interests of society in general if it costs them any effort.