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!

[go-tazz]

---

@moto288 wrote:

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.

---

Maybe ask for a photo of their markings and if they bought theirs from Hermes or second hand?

Maybe theirs is the fake set and they haven't realized or it was a plan to substitute and send theirs back,(

maybe the reason behind the refund for one set as they thought the other had to be sent back initially),

Surely they can can Google Hermes cutlery markings

[moto288]

Thanks go-tazz, yes, I've asked them numerous times to show me the difference in markings, as well as ask them to go to their Hermes boutique to check, but the buyer ignored all my questions revolving the marking differences. Therefore, I'm pretty sure they're scammers and not genuinely mistaken. What befuddles me is what exactly could they provide to eBay to make it go in their favour.

The buyer even changed their names just today. Very suspicious.

I've left a second note on them to say they've scammed me, and eBay removed them. eBay's basically endorsing fraudulent activities!! 😞

[go-tazz]

Before leaving a follow up comment on their feedback comment check with board members first so that

you don't leave further that could be removed.

The feedback follow up they left should be able to be removed as they mention eBay getting involved and

lf/when you get eBay to ring you mention that the comment is also slander.

[moto288]

Thanks for letting me know go-tazz!

I didn't even realised the scammer dared put a comment like that in my feedback. You're think they'd scam the money and go.

This is unbelievable! I'm literally fuming!

[*tippy*toes*]

Did you read the link I left? If you're getting nowhere with eBay, do yourself a favour and read it. The OP in that thread was having the same problem and eventually beat the scammer.

[moto288]

Thanks *tippy*toes*. I've just read the link. It's good to hear that seller managed to beat eBay and the scammer.

Unfortunately for my case, eBay already ruled in the buyer's favour and they managed to provide *SOME* documentation to satisfy eBay. Unless I have more convincing proof (such as the purchase receipt), I'm not sure what else i could do to overturn this.

[*tippy*toes*]

You could try getting a lawyer to write up a letter of demand to force ebay to force the buyer to return either the goods or the money. What they have done is facilitate theft and last time I checked, that's illegal in both countries.

You have the buyers address, contact their local police and explain what's happened and that they have committed a theft against you. Can't hurt to try. All I know is, I wouldn't be giving up yet. We're not talking $10 here.

[moto288]

Thanks again *tippy*toes*! I know, it's a large sum of money for me. I'm just afraid if it involve lawyers, it'll easily cost more than the item itself and that's not even guaranteed to succeed. However, I haven't quite given up yet.

I've got my fingers crossed that Hermes Paris would respond to my request for the replacement receipt. I think that would be the most powerful evidence from my side. So I'll put in more effort to press Hermes to help me out on that.

On another front, I'll see whether ACCC would look at the case I've lodged with them regarding eBay.

Thanks for all the support here!

[*tippy*toes*]

Please keep us updated and keep this thread going. There may be a lurker who comes out of hiding, that might be able to help. Stranger things have happened. There's a lot of lurkers who never post.

As for a lawyer, you could always contact one of those TV ones that say no win no pay. At the very least ask someone's advice. One consult shouldn't cost much.

[fixnwear]

moto288 - it made me sick to my stomack to read what happened to you!

Plain and very obvious (for several reasons) that your buyer is scamming you - and you would expect that anyone who can read - and that includes Ebay staff, can see that as soon as they look at the facts.

Terrible thing to happen to anyone, and it is never just about the monetary loss in those cases - it's also about injustice of it all if people like that are allowed to get away with it!

And this thief is getting all the support from the most unlikely source (one would think) - Ebay!

What you should do is firstly get Hermes to write to Ebay and confirm that the item is genuine - using your listing and pictures as evidence. Just tell them that by doing it they would not only help you - but also make life difficult for a scum people of this world.

They can give you the original receipt too if they have it - but receipt in itself alone wouldn't be of much use - all it would prove is that you have bought a set some years ago - not that you have sent the same to the buyer. The only time the receipts are handy to have is if accused of having stolen something.

Surely, Hermes Sydney can do that for you, confirm that yes, indeed, that is the authentic set made by them. Much quicker than searching for an old receipt that would take so much longer and be of virtually no use anyway.

And even if Sydney Hermes can't do it (maybe they don't know), French Hermes can still do it in under 2 min. flat and email it to Ebay - again much faster than that time consuming search for the receipt.

Ebay couldn't possibly ignore that - and still side with the thief and his vague  so called "proof" that markings are fake.

Hermes should be co operative surely - if you explain that someone is perpertrating a crime and they can quite easily stop him/her!

Wish you all the best - DON"T GIVE UP!

And remember - the only reason that people like that can and get away with it at times is not because they have a superior intellect but because they have Ebay's support based on a very unjust and superficial "evidence"

Someone we know has posted only once ever an expensive item, and as a precaution packed it in front of the JP to confirm that that indeed is the item being sent. One copy went to the buyer, enclosed with the goods, the other to Ebay.