Buyer is making false claims - help!

[creatavision01]

I hope I can receive some advice. I advertised an item as new in box, as I had never used it. It had sat in cupboard, unused. The buyer first of all claimed it was dirty, then it was scratched, now that it is broken. She has claimed that it is either a fake item (dropped that, once I told her I have the receipt), and it has been used. It simply is not true. Her feedback shows on two occasions she has got a refund from items apparently not received, and on several others claims of faulty products where it is always resolved to her satisfaction.

I want to have the item sent to the manufacturer for validation it has never been used. Likely they would fix or replace it anyway, even if she maliciously broke it. (Am hopeful this would be apparent, as it is a very robust item.) Given it is for food production, and its nature, I am also pretty sure they could validate no food had passed through it.

She is refusing to send it unless I pay. As I do not believe the item to be faulty (it was not when sent) and given her aggressive statements, any advice on dealing with her and subsequently, eBay?

Thanks in advance!

[*sparklz*]

The way seem to operate of late, they will refund her and she keeps the item if she opens a dispute.

Ask for photos of the damage if that is possible.

Ask her to take it to a shop for inspection and if they can provide proof it is damaged on a letter head of their business then call that business to verify what was found.

With the new system in place by ebay it is all about protecting the buyers not the sellers.

[creatavision01]

Thanks, yes, very little protection for the sellers. She has sent photos but it is more that it seems to be getting worse each time she messages!

I have asked for it to be returned so that I can take it to the manufacturer and have it assessed. She is refusing, unless I pay postage. Even if I have it assessed, I am not sure how much eBay truly care about whether or not she is lying or being unreasonable.

[*sparklz*]

Unfortunately if she opens a dispute and IF ebay decide she should return it, if you do not pay the postage ebay will pay it and add the cost to your next invoice.

So no matter what the buyer wins even when they are doing the wrong thing 😞

[clarry100 · Accepted solution]

If ebay/paypal end up refunding her and she keeps the item then that seems like fraud to me.

Especially if you can see a history of similar stuff on her feedback.

I would then be inclined to raise a case with the ACORN. Give them all the evidence you have obtained including her feedback history.

Also give them all the relevant shipping information to prove you sent the item to her.

If you can get a stat dec from someone who knows the item was never used and was in working order when you sent it this will help the case too.

http://www.acorn.gov.au/

Once you have the case number call ebay again and make them aware you have now opened a case with ACORN and give them the file reference number.

Then also raise a formal complaint with either FOS (Financial Ombudsman Service) if Paypal have issue the refund.

http://www.fos.org.au/

Or if ebay make the refund against you then lodge a complaint with the ACCC.

https://www.accc.gov.au/

You also need to have done all the right things in regards to delivery. ie

- sent to the paypal mailing address

- Used a tracking service linkable to the address/postcode

- Have obtained a lodgement receipt from the carrier.

In the end if you are able to get you item back and have it verifed as unused and in working order then with a fraud case against her I would think you stand a pretty good chance of winning. Even tho in the first instance you may have lost your money and the item.

Buyers like this need to be brought down a peg or two IMHO.

[misterforgetfulsbooks]

Why would you need tracking Clarry if she admits to having received something?

[creatavision01]

Great advice Clarry100, thank you. I have now received photos and it cannot possibly be the same item sent to her. This is old and has pitt marks all over it. I now think she has swapped mine. This is going to be hard to prove, but I am not going to let her off lightly. Disgusting behaviour. I have let eBay know that I refute her claim. I can certainly have my husband verify it was never used, and the condition of it when it left.

Very disappointing indeed, but her feedback does show she has complained often. I think around 8 complaints out of a feedback score of 111. Two never received, five or six 'faulty' but resolved...seems sellers are put between a rock and a hard place. Honestly not fair at all.

I will gather all the evidence I can and if eBay and Paypal do refund, I agree...she has committed fraud. While it may not be proven beyond reasonable doubt, it certainly may go against her if I stack up as much as I can.

Thanks all!

[clarry100]

Tracking (plus other related factors) is a requirement for having sent an item.

Ebay/paypal will not accept messages or feedback from a buyer stating or indicating that they have received the item as proof that the seller has actually sent the item.

Even if you have this form of written eveidence that the item has been received you will automatically lose INAD and INR claims simply because you cannot prove postage. There are plenty of such cases on these boards.

eg: if you send things by large letter there is no tracking.

if a buyer raises an INR or INAD claim against you you will instantly lose the case and they will get their refund without question or without having to return the item.

[clarry100]

I would have that stat dec from your husband ready too.

It would have to declare that when the item was sent it was still in the original box, never had been used and was in working order.

Sounds like the pics she has sent back to you are not of the one that was sent.

I would think you may be in for a rough trot here but I believe with some tenacity and using the correct legal channels available you will win out in the end.

There was a classic case on these boards some time back about a seller sending a very upmarket high-end mobile phone to a buyer in Canada. The buyer claimed that the phone that he had received was not the one on the listing and became very agressive about it.

Initially PayPal found in favour of the buyer and refunded the $1000+.

The seller got a stat dec and lodged reports with police and investigative authorities.

In the end the refund decision was overturned and the seller got their money back. It took a while but they won out.

As I recall they were also going to have the phone disabled thru its IMEI number but not sure if/not that ever eventuated. If they did this then the buyer would have had a useless piece of paperweight on his hands that looked like a high-end moble phone that he had paid $1000+ for.

So my advice is if you are felling scammed and you have lots of evidence to support you then stick at it until you win.

[clarry100]

If you can see some of the other seller's names she has had a run-in with contact them. They might be happy to provide you with additional evidence.