How to pay for dispute

[moto288]

Hello all,

To keep a long story short. I've sold 2 similar sets of cutleries on ebay to a fraudulent buyer in the US (2 feedbacks, I should have noticed). They filed a non-authentic claim on my items, and the usual story goes, ebay sided with the buyer (despite the items being bought by me personally from the brand store - unfortunately this was years ago and from overseas so I don't have the receipt).

I managed to get ebay to reverse one case so I haven't lost everything. It's been a frustrating and stressful period dealing with ebay on this, and I'm giving up, both happy and sad and I only lost slightly over 1/2 of the money originally.

However, the ebay paying option is convoluted to say the least. Paypal have frozen the funds for the item that I need to refund (so I'm on a negative balance) and ebay is asking me to Pay Now via an ebay page. Obviously my preferred option is to go through Paypal as that means I get the Paypal fees of that transaction back as consolation. However, if I zero out my balance by depositing money into eBay, will eBay know to take money from there?

So the item is $1400, and Paypal withheld $1349 from me (the balance is Paypal fees), so if I can go through Paypal, I pay $51 less.

Could I please ask for some advice how I could go about doing it via Paypal? Saving $51 would help reduce my loss - every little bit counts when you're burned by a scammer.

Thanks so much!

[padi*0409]

Tippy, I don't think it was that thread, I did find that one, but the one I'm thinking of had a lot more action on the facebook side of it.

BTW, I nearly went cross-eyed earlier reading through the posts on that one of yours until I found a FB mention in it !!!!!

I pretty sure the one I'm thinking of had clarry come into it along the way with some helpful info on the FB side and who to chase up there.

[*tippy*toes*]

Either way it would still be worth the OP having a read because the bits I read over there was a bit of a process (it was beforemy time and I didn't have time to read it all because I had to go to work). The OP could even refer ebay to it if they dig their heels in.

I would also hit Facebook. 

[justkidzbiz]

I remember that case.

[moto288]

Thanks for all the support and advice from everyone here! I really appreciate it!

I did think about reporting them to ACORN, but I don't have any evidence on my side (as I no longer have the purchase receipt for the items) and the seller is in the US, I'm not sure if ACORN would be able to do much given the situation.... HOWEVER...

After communicating with an eBay staff on Facebook, they admitted they will not release ANY information about the documentation given to them. I asked them that if you can't give me the documentation, at the very least tell me what it is - is it a statutory declaration, a letter from Hermes, or...? Nope. They weren't going to tell me, and they said they will only hand it over when approached by an authority.

And I thought, well thanks, that's extremely unhelpful to a seller and a customer that's been with them for over a decade - so this morning I've filed a complaint with the ACCC, and see whether ACCC would be interested in this. I agree justkidzbiz, there's no way they can legally take my money with no evidence to show me.

I've also faxed (yes, faxed, there's no email contact) to the particular Hermes boutique in Paris that I've bought the item from, asking them for help, to see if they can provide a replacement receipt (it's a big ask, considering this was bought apparently back in 2009), so we'll stay tuned on that front. 

[moto288]

Thanks for the link! It seems like so many people have been in a similar situation as I am in! It's a total disgrace!

[justkidzbiz]

Another idea..... TV Media.  ACA are often doing stories on this kind of thing where innocent people are getting ripped off.

on the ACA website I think there is an option to "tell your story"  they love airing stories like this style of thing.

a sillyish question.... Did you ask the buyer in what way did they determine that the items are fake?  Buyer probably won't respond but it'd be interesting to see what their response is.

[moto288]

Thanks again justkidzbiz. I did think about the media after reading the Guardian's article, but putting myself in the spotlight to millions of Australians is probably not what I would prefer. 😄

The buyer originally mentioned in their dispute claim that the cutleries have different "markings" to the ones they already own. The problem is from the beginning I've also asked Hermes customer service if the markings have changed over time as the manufacturing of their cutleries would definitely be outsourced but their customer service wasn't able to help with that, all they did was suggest I contact the boutique where I purchased from. I'm still waiting to hear from the boutique for a replacement invoice.

After the case had been escalated, I didn't get a single correspondence from the buyer.

[justkidzbiz]

Buyer then knows that once the dispute escalates she'll most likely get her money back 😡

[snowbunnies2016]

I did a bit of online snooping and found the same Attelage set on the official Hermes Paris website.  Interesting to note that the hallmarks are identical on your set and the same set on the official website.

Maybe try ebay again by phone and ask where/how you can send them the images and let them know that you are still waiting on Hermes Paris to get back to you so you would appreciate eBay not refunding the buyer until you have a response from Hermes.

[moto288]

Thanks snowbunnies2016, especially for your time in looking into the markings! I think ebay have refunded the buyer immediately, however, that only appears as a negative balance in my Paypal account. So until I transfer money to Paypal to top up that account, they haven't really "gotten" my money yet. However, I'm legally obliged to repay any negative balance in Paypal eventually, so I have some time to try and overturn this case, but not indefinitely (without risking my credit rating).

I just hope the Hermes boutique cares about customers enough to respond to my request.

eBay doesn't seem to care about the evidence I've provided - but your suggestion about the marking in Hermes' official photos for the Attelage cutleries is a good one. I might as well try to submit those in comparison with my own ones.