Buyer claims a part is missing- is this Buyer Fraud?

[scooterzp]

Dear EBayers,

I have been EBaying for years in a small way, buying and selling, but this one has me stumped. Here is what I wrote to the Buyer:

"Let’s takethe perspective of the EBay Customer Service Department and review theinformation as they might see it, should we not resolve this between us.

The Seller offered a vintage sewing machine for Pick Up Only at Auction.

The Buyer requested a change to the terms of sale including a Buy Now price and Postage. This means that the Buyer choose to forgo the opportunity to inspect the machine and the Seller lost the opportunity to demonstrate the item prior to sale.

The Seller agreed to those terms and shipped the item to the Buyer after receiving payment for the item (but not the postage) and posted a Positive Feedback.

Upon receiving the item the Buyer claims that a part is missing from the item he received.

The Buyer sends photographs showing the part in place and another photo showing the part missing. The Buyer claims that the machine with the part in place is his wife's machine and the machine with the part missing is the one he received from the Seller.

The Seller claims that she saw the machine operating recently,  and that no part has been broken or removed from the machine.

What do you think EBay’s CustomerService Department would consider a fair resolution?"

How do I know that the buyer didn't just remove the part from my machine? There are about 20+ functions on the machine, I didn't test them all before selling.

The buyer is offering:

"1. You, as the seller, provide a full refund of the item. I, the      buyer, will then pay for the associated cost to return the machine      back to you in the exact same condition in which is was received      and the level of packaging that was included in the parcel.
      2. You, as the seller, provide a partial refund to the value of      which it would cost to have the machine assessed and repaired by      an independent 3rd party sewing machine repairer based in Sydney.      If there is a particular shop/store within Sydney that you would      prefer, I would be happy to take it to them to satisfy that the      price is fair and repaired to a standard of which you and I would      both be satisfied with. Payment of the repairs, by you as the      seller, would be made directly to the sewing machine repairer upon      quote and prior to the repairs being carried out.

If the above steps are not to your satisfaction, and that you are      unable to nominate a fair resolution to both parties, I will      investigate other methods within eBay's resolution center to have      the matter resolved."

Of course Item 1 means without the part, so I have a less than perfect machine. I have since learned that the buyer has a business buying, fixing and reselling sewing machines.

My only thought is to tell the buyer to go through the resolution process. What do you think?

Thanks,

Roxanne

[foxette-in-sox]

JMO but I'd ignore them-item was pickup only,they wanted it posted,you went to the trouble of posting,end of story.

[a_beautiful_room]

The item is listed as pick up only, so they do not have paypal protection on the item, assuming they paid with paypal. You posted it as requested, and they therefore forgo their chance to make an inspection. Obviously it wasn't anything too obvious as they have posted positive feedback, so they must have been happy with it on arrival, and maybe only found the missing piece after some use.

I'm with foxy, although I wouldn't ignore them, I'd just send a simple message saying that you sold it in good faith, (which you obviously did) and advertised it as pick up only so that the buyer could inspect before paying their money and unfortunately as they wanted it posted, this wasn't available to them. I hardly think they are committing "buyer fraud" on the other hand .. who would be bothered for so little money and so much trouble? Just send a nice simple message and be done with it. If they open a case with the resolution centre, then just respond saying the item was pick up only. I assure you that the resolution centre is run by a computer and has absolutely NO reasoning power in these matters so don't expect them to carefully consider all of the circumstances and make a decision of integrity. They'll tell the buyer to send it back, and for you to stump up the money. So your response needs to be it was a pick up only item and is therefore not covered by buyer protection.

[foxette-in-sox]

*waves to ABR*

I only said ignore them as going by what OP has written that buyer has said plus buyer obviously buys,repairs & resells machines,plus buyer has suggested taking it to a repair centre for a quote to repair WTF?? lol I just think they sound like a bit of a fruitloop.:^O

[beach_and_home]

You are right to be suspicious. It sounds like they have taken the part out and used it in another machine. Is that what you're thinking? I would call their bluff and tell them that you have photos of the machine with the part in place which you took before sending, so sorry, you do not believe their story. Maybe just say that and see what their reaction is. If they go quiet then you will know they are lying.

Whatever you do, do not accept the machine back. And you mentioned that they did not pay postage. So remind them that if they do return it they will only be refunded for the machine cost, less BOTH costs of postage, to and from them.

[beach_and_home]

Also, what is the part that is missing? Would the machine work at all without it? Is it possible it could have fallen out? If not, then he is lying. Also, he has bought 2 machines of the same model recently, which definitely rings alarm bells as one of them could have had the part missing and he could be using yours to get the part for free.

[superscanner4]

I agree with all the other posters, call the buyer's bluff, do not let him hoodwink you.  As the buyer was not interested in inspecting the machine makes it very likely that he wanted it only for the spare parts and is trying to get them even cheaper now.

When selling vintage items it's always a good idea to state in the listing "sold as is" as many vintage items are wanted for the collectible value and looks rather than whether they are in working condition or not.  It's just a bit of added protection for you.   But in any case you have proof that the "missing" part was in deed included.

[travelling_agoraphobic]

Is it the Pfaff sewing machine? Strange that the buyer purchased another Pfaff sewing maching and received FB for it just a couple of weeks before receiving FB for this one.

Maybe the  OP could contact the seller of the other machine and see if the buyer has tried it on him too

[kopenhagen5]

Hi Roxanne, Sounds sus, especially if you know the part wasn't missing.

As ABR said, no protection on pick up items, and usually I would ask for a serial number to verify, but in this case they could have just taken the part off.

I would also do as suggested with a message and be done with it, then ignore them.;-)

[***super_nova***]

For the buyer to claim SNAD item, they would have to post the machine back first, and only then they would get refund. What part is supposedly missing?  Do you have any pictures that could prove otherwise?

I would reply them something like:

I am sorry but the machine was complete & in working order when I was packing it.

If they open PP dispute, reply to it that "it was pick up only item , it was in good working order and maybe they confused it with the other identical sewing machine they bought only recently" ]:)

I would be surprised if PP rules against you, but if they do there are ways to appeal it on the grounds it was a pick up item.