Bit of a problem

[drouin4]

I sold a new tablet nearly a month ago, only took it out of box to test and photograph. Worked perfectly.

Posted express to buyer in Australia, it sat at his post office for a week before he picked it up. Later I checked his feedback he is in Hong Kong with AU mailing address.

Now he is now claiming he resold it new to a NZ customer and apperently they said screen burnt out and wifi don't work.

Warranty is now nul and void as it was supposedly sold to NZ.

I have asked him 4 times for a copy of the NZ invoice, name and phone number, he is just beating around the bush asking where to send it back to me. Wont give me any info on them.

I don't believe this is the same tablet that I sold to him or even if he has resold it.

I called ebay and they said he has not sold 1 of my tablet models to anyone, NZ or anywhere. He sells tabs and phones on ebay.

When I told him I checked and none of my model tabs have been sold since mine he is now he is claiming he didn't sell it throught ebay. He still refuses to give me the details of the supposed NZ buyer.

I have all the serial numbers photographed of mine.

Ebay said to communicate with the buyer which I have done from the start.

Has anyone gone throught this sort of thing and what did you do.

Thankyou

[drouin4]

The paypal opened case 26/9.

Never accepted return but rang a few times and emailed them the messages they wanted saying it had been resold to NZ.

I didn't respond to case via paypal as this has not happened to me before I thought it would be easier to call paypal.

Paypal does not want any evidence that I won the case through ebay, they said nothing to do with ebay now.

I still have messages that my buyer sent in my email and my ebay messages.

I was emailled by paypal on 1st Oct saying buyer will be sending back item.

I rang 1st Oct and paypal said they wont change mind since telling my buyer to return item.

Paypal sent another email on 2nd Oct saying the same.

[drouin4]

My buyer lied and said he received it burnt out, paypal made up their mind straight away it seems, well within 5 days I think.

They told me what he wrote and it wasn't the truth, but they believe him and not me even with the messages he sent me saying he resold to NZ

[drouin4]

Sorry, what is FOS please?

[thecatspjs]

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@juliew5030202 wrote:

My buyer lied and said he received it burnt out, paypal made up their mind straight away it seems, well within 5 days I think.

They told me what he wrote and it wasn't the truth, but they believe him and not me even with the messages he sent me saying he resold to NZ

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It sounds like your buyer has lied from what you have indicated they have messaged to you.

However as you did not respond to the dispute in writing and have dealt with paypal only by the phone (and it sounds like in a quite upset state) your case does not appear to have been properly considered at the get go.

FOS = Financial Ombudsman Service

I am not confident that the FOS would be able to assist as they can only consider the resolution process and the information presented to paypal to make their decision.  I imagine the notes of the calls between yourself and paypal would likely not reflect key parts of the actual discussions that have occurred.  

Thats just my opinion.    You could give it go. 

Unless you are willing to settle down and stop badgering paypal without properly lining up your ducks, I am not confident anyone can lend a helful hand.

IMO winning these types of cases requires putting aside ones anger and frustration, and taking a very careful, considered approach.

[black*poppy]

Agree with Cats.....

Just floating the idea too... that the time to fight it properly with all the ducks lined up was before paypal made their decision.  But once paypal instructed the buyer to return the goods back to you, then paypal were always going to refund when the item showed as delivered.

I know for instance that paypal do consider emails outside of the paypal system - I've succussfully fought a case on the basis of what a buyer emailed me privately.

Saying that, now you have been returned a faulty item that was different to what you sent, then there might be some recourse?  I'm not sure of the steps to follow - stat decs, etc.  Would the office of fair trading be relevant here?

[drouin4]

As i never had this problem before when he opened the dispute on paypal all I could see was that my buyer received a faulty item with burnt out screen.

I was trying to reply to the case with what actually happened but all I saw was a place to upload files. I wasn't sure if I was to include the message my buyer sent me there and thats why I called paypal to see what I do next.

Paypal didn't tell me to upload his messages there but gave me another paypal address to send his messages.

At no time did they ever tell me that I had to reply through the paypal dispute site and I didn't know otherwise.

I'm sorry but I don't know the process, never had this happen to me before.

No, I didn't get angry with paypal at any time, I just stated the facts of what had happened.

[lyndal1838]

I doubt that you could make that stick....the whole reason for the refund in the first place was that the buyer said it was not as described.

If it was broken when it was received then the buyer can hardly send it back in the condition that the seller sent it.

[drouin4]

Yes true Lyndal1838, but he didn't complain when i sent it to him so obviously it was working when he resold to NZ also as he told me his NZ buyer complained.

[lyndal1838]

But you have no proof that it was sent to NZ....if paypal will not accept the emails between you and the buyer then you may have a hard time convincing the FOS.

If you do decide to go down that road you need to make sure that everything is set out in chronological order with every scrap of proof attached to your claim.

[thecatspjs]

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@lyndal1838 wrote:

But you have no proof that it was sent to NZ....if paypal will not accept the emails between you and the buyer then you may have a hard time convincing the FOS.

If you do decide to go down that road you need to make sure that everything is set out in chronological order with every scrap of proof attached to your claim.

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As the messages can be verified by a third party - eBay - I have a very hard time believing they are not relevant.

eBay hold some of the most signficant evidence that paypal draws upon to determine their cases for item not described for eBay sales.

The problem for me is that the OP is only revealing bits n pieces of what has occurred during this thread - and has focused apparently on the messages, rather than a whole lot of other matters that should have been considered, including that the buyer is a reseller, that there was a SIGNIFICANT delay since the purchase and reporting as not described among other things.

BTW I find it unusual that paypal stated that the messages don't mean anything in relation to what the buyer said to the seller as they don't verify that the buyers actually resold and sent overseas - if they don't prove that, they reveal that the buyer is a liar and misled the seller to what happened to the goods.