Ebay refunded a delivered item

[technology.agnostic]

eBay decided to refund a buyer even though the item was still under investigation by the courier. eBay decided the item was lost and therefore they refunded the buyer. However the item turned up a week later and so the buyer got a full refund and they kept the item. eBay told me to contact the buyer and ask them to return the money. The buyer has advised they have lost their job and are under financial distress. eBay has now advised to continue to work with the buyer and they won't be providing any refund as the case was closed.

This is now going to be filed with the ACCC, the individual @ebay who decided to refund an item that was still being delivered and under investigation is at fault.

Sellers on this platform have to absorb any costs due to failure on the part of couriers. Sellers have to absorb the costs of buyer who change their minds about an item and want their money back. Fine if that's a brand new item and the seller is a multinational company but most sellers on this platform are not so they have to absorb the costs of return shipping.

This platform has so many problems and the sellers are the ones who have to pay the price.

[papermoon.lady]

I am not a seller, but what some sellers do at the moment is extend their handling time so that the delivery frame is also extended (and buyers cannot open a case before the last day of the estimated delivery of course).

[technology.agnostic]

This was over Christmas, delivery was 2 months, are you suggesting extend handling time by 2 months? eBay would once again take the sellers money and item and the seller would be left with nothing.

[jellybirddesigns]

There are legal options you can take, but I guess it depends on the value of the item.

You can advise the buyer that since they are not entitled to keep both money and item (regardless of any personal circumstances they claim), you will be pursuing them for remedy through -

1) small claims court or

2) debt collector

On the other hand, I think one of the fellow board members (@countess?) wrote a really good piece on the wording that can be used when informing the buyer, and in that case the seller was successful in getting their money without legal intervention. I'll see if I can find it.

[technology.agnostic]

I would stress the situation shouldn't have made it to this point, the question is why should a seller be chasing a refund from a buyer when the item has been delivered?

This is an epic fail from eBay and for a seller to be chasing money via a small claims tribunal at again cost to the seller is farcical at best.

[domino-710]

It's called - a Letter of Demand.

One can find similar on the net - copy one send it registered mail.

With the intent of taking it further. 

See how you go.

[jellybirddesigns]

Here - read this. Send the message to the buyer and see if you can get a response without any legal intervention.

https://community.ebay.com.au/t5/Ask-a-member/Buyer-received-refund-then-he-acknowledged-item-had-be...

The other option is to contact Ebay via chat on Monday and tell them that they are not following their own Seller Protection Policies, which are to assist sellers if they have sent the item with tracking and within their handling time to the address on record. Ebay have explicitly said that they will not penalise sellers who encounter postage delays due to Covid.

[technology.agnostic]

eBay have wiped their hands of this, they have advised to continue to communicate with the buyer. I can only file this with the ACCC and see what they have to say.

[domino-710]

You can file with ACCC - but.

By sending a ' letter of demand ' - you are putting the buyer - who now has the item & the refund - on legal notice.

They have fraudulently kept both.

Do that which is in your interest.

Follow the advice - print & sign the letter & send by Registered Mail.

That's the best we can do here.

[k1ooo-slr-sales]

I think you would have more success with https://www.afca.org.au/ (formerly Australian Financial Ombudsman) than ACCC.

Also, if you do contact eBay again let them know you will be going to AFCA.  Keep transcripts or screen shots to support your case to AFCA.

Stick to the facts when lodging a complaint.  Write them out in point form as a chronology.  Let eBay know the dot points you will using with AFCA so they can see that AFCA will side with you.

Based only on what you have posted here, your dot points might be something like:

- sold XXXXX item on eBay via action/buy-now on (insert date)

- the item was sold for $X

- item was sent via XXXX courier (connote #XXXXXXXX) ON (date)

- lost item case lodged with courier on (date) (include case reference number)

- buyer lodged Item Not Received (INR) case on (date)

- eBay informed of courier lost item case on (date)

- eBay refunded buyer $X on (date)

- item delivered on (date)

- eBay will not reverse refund despite knowing buyer has received item

Ombudsman won’t get involved until you have exhausted all options with the business providing a financial service.  This is why it is important to keep all messages and emails from eBay and the buyer.  They let you show, in a coherent way, that eBay has behaved inappropriately through refunding the buyer but then not reimbursing you when the item arrived. Once you lodge a case with AFCA you might be asked to supply supporting evidence like transcripts and screen shots.

I hope this gets sorted in your favour AND please do come back and keep us updated.