Buyer claiming S.N.A.D - complex case

[seaworthee1]

To cut a long story short:

1) Sent a camera with accessories to a buyer.

2) Buyer claims that accessories were sent in box, but not the camera body. Claims that the box was not tampered with. 

3) Buyer opens a dispute in Paypal almost immediately after receiving said item, escalates it to a claim after I said I packed everything in the box. Did not give me a chance to seriously investigate the matter or come up with some sort of amicable solution.

4) I have provided documentary evidence of tracking, postage etc, photos - but obviously this proof is useless in a SNAD case.

5) I've also rang Australia Post and they confirmed it was delivered, and that it wasn't opened for routine inspection or anything like that. There is now an investigation underway as to the whereabouts of this item. 

I suspect Australia Post will rule against my claim because as far as they are concerned, the item was delivered (albeit apparently missing the auction item). I'm also fairly likely to lose in the dispute with PayPal, as buyers are wholly protected in cases of items significantly not as described provided they return the item.

Is there any recourse of action for myself? The buyer is in the process of filing a police report and signing a stat dec, all because I sent an item I knew to be 100% accurate and true to the listing. I have been now advised to file a police report and stat dec myself, but this **bleep**-for-tat business doesn't seem like it will produce a result in the end. It will be a case of his stat dec versus my stat dec, and so on. 

It might also be unwise of me to file a police report if I am not sure the buyer has kept the item and is claiming that he did not receive it in full. Australia Post are investigating things on their end but it would appear to take a lot more time than it takes to resolve an average PayPal dispute.

Any advice here would be greatly appreciated. Thankyou.

[seaworthee1]

The contents of the box have been returned to me, and not surprisingly everything was returned except the proof of purchase/warranty card.

I'll now be making an appeal to the decision armed with much more information.

[everard6920]

I don't suppose the original listing stated that a proof of purchase/warranty card was included?

As silly as it seems, I don't believe that the buyer is entitled to a refund unless they return everything to the seller. So if your listing stated that it included PoP/warranty card, and the buyer said only the camera was missing, then I'd be pointing that out to eBay/Paypal. If for no other reason than to make this as annoying as possible for the buyer, because they would need to return that.

[seaworthee1]

It was stated in the listing, and I did mention as much to PayPal over the phone but they are only interested in the weight of the item when it was sent with Australia Post.

I am still trying to track this down as apparently they are having computer malfunctions today.

But yes everard you are correct, the buyer is not entitled to a refund until he has returned everything. The onus is on me however to prove it.

[colic2bullsgirlore]

http://www.artslaw.com.au/info-sheets/info-sheet/debt-recovery-small-claims-procedure-sa/

Download a copy of all AP, buyer emails, ebay and paypal documents you can and print a firm copy including your

description and terms of sale.

Take screenshots of the other SNAD feedback left and print a firm copy.

Have a statutory declaration witnessed that you personally packed and delivered the articles to AP as described and as

required in your "contract' (ie your description and  terms of sale)

Write a letter of demand as soon as any refund is processed to the buyer preferably within 24 hours of the refund being

processed.

Send it via registered mail with signatured delivery.

Set firm parameters for payment with an absolute deadline and the action you intend to pursue if payment is not

made.

Do not try to threaten or initmidate the buyer either verbally or in print

If your demands are not met file a small claims debt recovery actionin your state.

The filing fee in SA is $127.

Why experience the angst and pain caused by banging your head against pp and ebays brick walls they forever erect

when more "normal" routes of recovery exist?

.

[seaworthee1]

Thanks mate, will definitely keep that in mind for later. The FOS guidelines mention that you shouldn't be concurrently taking legal action, but I will consider it as an absolute last resort.

[character_parties_aus]

Good luck Buddy I hope you get the turd

[5kazam]

I couldn't have expressed that better myself.

[everard6920]

In my mind, this situation removes any doubt about the lack of protection for sellers on this site. Here is a buyer who has a history of filing for INR and SNAD (as per his feedback left for others), and he's still on eBay.

It defies comprehension and logic that eBay and Paypal have not kicked this person off the site before now. Unbelievable. Imagine how many more buyers, just as bad as this one, are still on this site.

Good luck, OP.

[seaworthee1]

Yes it really is quite scary. Furthermore, there is no way that the seller can even come close to winning a succcessful reversal of a SNAD case. An INR case is a different kettle of fish, but filthy scamming buyers know this and will open SNAD as a result.

I've been trawling through Google results for days looking for an advantage and there is no end to the amount of similar stories out there on the internet.

Of course I'm not totally without fault, I didn't scrutinise the buyer's feedback closely enough and I didn't use a postage service that records exact weight. I'll know better for next time, if there is one.

[suitcase_of_memories]

Ebay have now implemented the Guaranteed Money Back Refund Policy.......and still there are buyers such us this, with 14 instances of NSAD or not received........and he will continue to do this to other sellers.

What hope do sellers have of protecting THEMSELVES on here now !!!