Why does Ebay allow this? Automatically Return Process

[bee*ut]

Two weeks ago I see the "You accepted a return" huh? what? no I didn't. 

Anyway the buyer acussed me of selling him a defective video card and put in a return claim which was automatically accepted.

After closely examined the photo I noticed the 2 bottom corner of the labels were slightly peeled off, so I compared the photo I took before posting the card out and they were slightly in wrong places. So I suspected this person took the stickers from my card then sticked onto a faulty one 

Below are the messages

There is a dead giveway between to 2 photos, can you spot it? What is this buyer thinking? I believe he done this kind of scam many times before, pulling out the Ebay policy and Australian Consumer Laws stunt to scare people

I contacted CS explained my situation and pointed the obvious but they advised me to go through the process and let the buyer return the item then I can appeal.

WHY??? I dont undertand why Ebay refused to stop the return process when presented with the clear evident showing the item is not the one I sold. the buyer clearly is a fraud

I am not a trader every now and then I sell something on Ebay to make end meet, this process caused unnecssary stress, especially I dont have no time to waste. Now I have to waste more times spending on recording the return item and appeal my case

I just want to put this out there in case Ebay favour the buyer

[springyzone]

I don't know anything about electronics & i guess if soemone removed a sticker and a bit came off, that could account for a corner missing. but what i am noticing is yours had a black bit down the bottom, while the burnt one has a yellowy brown bit at the bottom.

[bubblegh]

Yeah, the black tab at the bottom is also slightly different in shape at the right side.

Also, on the small top left tab one card has a small block on it and one doesn't.

[phorum_junkie*]

Dear Numpty Buyer

Please be aware that we do not tolerate fraud in any shape or form and shoud you continue to insist that the item you wish  to return is the one we sent you we will be presenting all our evidence to the authorities where you could well find yourself facing a charge of obtaining money or goods by deception.

I sincerely hope that you are going to withdraw your return request through ebay and should you do so we will not take this matter any further.

Yours etc

Iwasn Tborny esterday

[springyzone]

I'd love to know what the outcome of this is with ebay. If they refund the buyer, then the best you might be able to get is for them to refund you out of their own funds.

After re-reading your messages to the buyer, maybe you need to be a little more official/blunter as in PJ's message.

One thing I did notice was your reasons for not accepting the claim might not pass inspection.

For example, you stated said you were rejecting the claim as being the buyer was unable to provide evidence. If that had been your video card and there was evidence of fire on it, as in that photo, if I were an ebay rep, I'd take that as evidence.

You also state your ad did say no returns.

I think saying that muddies the waters. That's well & good if an item is as described but if something is not as described, that clause is then invalid, the person is entitled to a refund.

What you need to clarify, I think, is that you will not be refunding as you believe it is a fraudulent claim and you can show that the photo is not of the item you sent.

That is what you have to emphasize to ebay and then point out the discrepancies to them. You might even need to ring to talk to someone at ebay about it.

It is evidence of fraud that matters and might win it for you.

[everard6920]

I think you need to focus on the stickers if you're going to appeal.

Start with the fact that an item has to be returned in the condition in which it was sent, and that the buyer has admitted to removing and re-adhering at least one sticker. Even without the damage from the malfunction (which the buyer could argue couldn't be helped), the buyer has otherwise tampered with the product and it cannot be returned in the same condition in which it was sent.

Basically, you need to argue that, if a product is damaged (as it was in the malfunction), the buyer shouldn't be permitted to deliberately damage it further and then ask for a return.

That'd be my approach, because it's the only aspect of the whole case that's provable, because the buyer stated it.

[digital*ghost]

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@springyzone wrote:

After re-reading your messages to the buyer, maybe you need to be a little more official/blunter as in PJ's message.

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I agree with this as well - there are several "spot the differences" between those two boards, and not just the most obvious one, and the buyer needs to be made to understand that fraudulent activity is going to have consequences. 

Make sure they understand you know it is not the same board, and advise them that if they persist with a claim and manage to force a refund, in the face of overwhelming evidence of the fraud, you will have no choice but to report the activity to ACORN (I explain to buyers pulling these kinds of stunts that this is a federal agency dealing specifically with online fraud, and not only does it mean there will be a permanent record available of their activity available to law enforement Australia-wide, but the report is passed on to the police department local to the buyer for them to investigate).

In order to get a buyer like this to think twice about what they are doing, they need to understand you see right through the fraud, but they also need to see that it could cost them more than it is worth. People like this tend to keep pushing the boundaries if they deal with sellers who don't push back, and if they don't suffer any consequences.

Definitely call eBay as well, take the two photos and circle each and every difference between the two boards and point them out one by one to whoever you talk to, don't even suggest that the buyer damaged the one you sent, just tell them that the buyer is trying to return a different, defective board to get a refund on a fully functioning item, and then show them why that's not the item you sent. It may be a frustrating and even disappointing experience, but if I had to, I would also advise the rep that their responses and handling of an obviously fraudulent claim will also be reported to relevant authorities. If they try the "we can't determine what was sent to the buyer" line, then ask them on what basis they are making a decision about the case - and get them to email you a copy of everything they advise.

[go-tazz]

They are clearly 2 different cards and once you have it returned simply upload photos from your listing and the

failed board,(then point the eBay "rep" to the differences between the two.

Theirs would be an earlier model of the same card,(hence why it has the yellow strip and yours the black strip).

The "block" compared to the writting in the top left corner is also a big giveaway.

If things somehow go against you just contact the Australian cybercrime unit: https://www.acorn.gov.au/

[bee*ut]

I want to thanks everyone for your valuable inputs. I've no experience in handling such a thing so I reach out to Ebay but rep told me to go with the process and totally ingore my concerns, very frustrating and disappointing experience

I think this kind of thing can happen to anyone but I am hoping your advices can be beneficial to others in the future

All I can do now is wait for it to arrive then call them again. Hopefully thing will get better

[everard6920]

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@go-tazz wrote:

They are clearly 2 different cards and once you have it returned simply upload photos from your listing and the

failed board,(then point the eBay "rep" to the differences between the two.

Theirs would be an earlier model of the same card,(hence why it has the yellow strip and yours the black strip).

The "block" compared to the writting in the top left corner is also a big giveaway.

If things somehow go against you just contact the Australian cybercrime unit: https://www.acorn.gov.au/

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I'm not saying if it's the same card or it isn't, but if I'm not mistaken the black "strip" is the cover that goes over the yellow strip (which has metal-plated bars on the other side, which corrode easily). If you look closely, you can see the downward pointing arrow on the right end of it, which is where you pull it off. You'd have to take the black strip off to insert the card. So that in and of itself isn't a telltale sign that it isn't the same card.

Same applies to the black blocks at the top.

This is why I think OP is better off contesting it via the removal of the sticker, because everything else is conjecture, whereas then removal of the sticker came from the buyer themselves.