Buyer lying about 'damages'. HELP please....

[miss_ebabe]

I am in the middle of a dispute with a buyer who purchased a Franklin Mint Scrabble set from me.

I insured the parcel for the full purchase cost. I described this item as 'used' but looks just like the day it was purchased. It also came with a couple of hard to find extras too (Glass Lid and Dictionary).

She is threatening to open a PayPal claim as she has described some very minor imperfections.She wants to return it for a full refund but has not bother to explore her insurance option. (Sent with extra Aus Post Insurance cover).  She has not offered photos and when I asked for some as proof, she says she can not send photos through eBay email (wrong - you can attach 5 photos per message).  She has asked for my personal and business email address. To my knowledge this is not allowed on eBay and is a policy violation.

In her emails she says she bought my scrabble set only for the glass lid because she already has a scrabble set which she intended to sell once receiving mine.

I am very suspicious (understandably so). I think she is trying to claim damages on HER old game as being mine.

The sets are indentical. How would I, eBay or PayPal know (for sure) which scrabble set is which??

She refuses to claim the damage under her insurance with Australia Post (and I have sent her a photo of the PO receipt via eBay messages).

I am thinking of reporting her to eBay but should I wait and see if she opens a claim with PayPal?

Any advice would be greatly appreciated.

[miss_ebabe]

Latest Update: The buyer made this claim on eBay.com (USA) rather than eBay.com.au (Australia). The buyer is trying to use the American  "Buyer Protection Program". To the best of my knowledge, Buyer Protection is only issued through PayPal in Australia. eBay has nothing to do with it....??? 

I have reported all of this to the Ombudsman, PayPal, eBay USA & eBay Australia. Spoke to Resolution Specialist, Trust & Saftey Dept and eBay account specialists. Until the buyer either closes or escalates the case, eBay & PayPal cannot step in.

The buyer's messages in eBay are unusual. The text is written in blue bold, random questions marks, random text font and sizes. There is also a link to a "BullGuard Spam Filter".  The buyer has deliberately deleted parts of the message body to avoid mentioning she has the identical game set. The buyer asked for my 'personal or business email address" (AGAINST ebay policy). The buyer didn't send ANY photos until 2 weeks after I told her to. The photos she has NOW supplied are of VERYMINOR cosmetic flaws OR damages that occured during shipping. (I have reminded the buyer she is insured for the full value and have sent her a copy of the insurance receipt and article ID  - she feels this is a "waste of time". The buyer is uneducated and complacent on eBay. There are SO many help forums, discussion boards, community Q&A etc etc etc. There is no excuse for an active eBay user to play dumb. I have reminded the buyer this item was advertised as USED but she avoids admitting to this in our case.

PayPal have frozen her original payment so my account now shows a neg balance. Since they placed the tempoary hold, new payments that have gone into PayPal, have been taken as payments towards my neg balance! The new funds have NOTHING to do with the original sale.  How is this legal that PayPal take new funds as payments towards my PENDING and TEMPORARY negative balance!?

Here's the next CATCH 22.....All sellers are legally bound to offer PayPal since it is a MANDATORY (FORCED)  payment option. Once a buyer pays with PayPal, (and after the seller has paid MORE fees for this wonderful service);  the seller must send the item with secure tracking. What if PayPal refuses to release new funds?!?!?!

Thankfully I can send my customers their items this week (but their shipping will be paid out of my own pocket!)

I have stopped selling on eBay this week.......what's the point if I can't get paid! ..... Ridiculous!

In 9 years of eBay selling, I have never encountered such a problem like this. I have remained professional and consistent with my conduct at all time but this has to be a joke! Where are the camera's???!!

The case is meant to 'escalate' today.....Not sure is it will be done automatically or if the buyer will need to escalate it herself.

Thanks for all of your advise and opinions.

I will keep you all updated. 

[miss_ebabe]

If this case was in open in PayPal, I could escalate it myself. It is on eBay.com (USA) under Buyer Protection Program. Either the Buyer or eBay must escalate it - I can't.

[digital*ghost]

eBay can review the messages sent between buyer and seller so if they have to resolve the case, they will see everything the buyer wrote in their original messages if they were sent via eBay. 

I'm not sure if you've read all the info about eBay's Buyer Protection, but here is the relevant link about how they resolve cases: http://pages.ebay.com/help/policies/buyer-protection.html#resolution

This may be particularly relevant (judging by the description of the photos the buyer has supplied):

For eligible item not as described cases, sellers may protect themselves from losing a case if they provide clear documentation that the item was described accurately and consistently throughout the listing and all associated communication. For example, cases may be resolved in the seller's favor when the seller provides documentation that:

1. the buyer complains that the item is used, not new, and the listing and all associated communication clearly and consistently describes the item as used, or

2. a defect in the item was correctly described by the seller, or

3. the item was properly described, but the buyer didn't want it after they received it, or

4. the item was properly described but did not meet the buyer's expectations, or

5. the item has minor scratches and was listed as in used condition.

[miss_ebabe]

Thank you digital*ghost. Yes, I have stated these exact points in the case. I'm of strong belief that the buyer is actioning all of these points.

[miss_ebabe]

UPDATE 28th August 2013

WOW! What a mess!!! Sorry for the long thread – but a lot has happened since my last update.

Would you believe……on 23rd August 2013 at 2:05pm the eBay Buyer Protection Case against me was escalated by the buyer. 

24 minutes later at 2:29pm eBay "Decided in favour of the buyer". The buyer was instructed to return the item to me.  

This would have to be the fastest response the history of eBay!!

The reason for the buyer opening this case was due to alleged minor cosmetic flaws or damage during shipping.

The item purchased was a USED and COMPLETE 1992 Retired Scrabble Board. The sale included a rare Glass Lid.

eBay's Buyer Protection Policy clearly states the points mentioned by “digital*ghost”

The buyer is guilty of points 1-5

The case should have been opened with PayPal but has been opened under eBay Buyer Protection Policy (USA eBay).

This morning (28th August 2013), Australia Post delivered the returned parcel.

Upon opening the box, the RARE GLASS LID IS MISSING and the drawer on the Scrabble table will not open. The contents inside have spilled during transit and are stuck inside the game set. Without risking more damage to the timber drawer, I cannot inspect the rest of the contents.

The buyer did not return the item with Insurance, (like I sent to her).

Therefore, I can't claim the damages through Australia Post. As for the missing glass lid - I believe this is plain THEFT.

I believe the buyer, has deliberately not sent the glass lid.

In emails in the case, the buyer indicates that she only purchased my scrabble set for the glass lid & admits to already owing an identical board that she plans to resell after receiving mine.

Seeing as the tracking information that the buyer uploaded on the eBay Case, now shows "Item Delivered" this case is likely to be closed by eBay soon.

I understand they will issue a refund which will be debited from my PayPal account.

HOW IS THIS LEGAL??

Not only am I forced to accept a return and refund the buyer; I forfeit my eBay Final Value Fee unless the buyer accepts my request to cancel the sale (which is very unlikely).

I am now without the original item that I sold which is now impossible for me to resell for what it was worth.

My PayPal account is limited also. Payments that were paid into my account AFTER the initial Hold was placed, have been deducted from my negative balance. I have had to process further deposits into my PayPal account from my bank account to resolve the negative balance. PayPal's notice states that my deposits may not be applied for 3-5 business days.

As an eBay buyer, I am limited by PayPal also. I cannot pay for items I purchase until my negative balance is resolved.

I have taken the item to my local Police station today and have filed an incident report. I will be following eBays instructions and fax the report tomorrow……

I even had to proove (by searching ebay in the police station! ) that in order for me to appeal the case for theft / fraud etc.  I must fax ebay a police incident report! The officer reluctantly did in the end.

Has ANYONE had this (or similar) happen to them?? I’d love to hear your thoughts!

[i-once-was-bump]

I think you are being very silly blaming all the damage on Australia Post they are not going to pay up on a bent knob or a drawer that has opened while in transit.

These are packaging issues both by you and the buyer.

Forget about Australia Post.

You have received the item and there was no loss or damage by AP, the problems can only be about the glass lid missing and did you get back the set you sent. As for the buyer not sending it back registered it doesn't matter now, you got the item and it was not damaged by AP. Leave that issue out of your contact with Paypal, only concentrate on those issues that need to dealt with and can be dealt with.

Notify Paypal immediately that you have not received back the item as listed and sent by you, then explain why it isn't the item you sent to the buyer.

Contact FSO or whoever you contacted about the money being put on hold.

Contact the buyer through ebay messages only and ask for a stat dec witnessed by a JP that they did not keep the glass lid as you will need this for a police report about the missing lid.  Keep this email short and to the point and also very polite. you only need to ask for the stat dec and nothing else.

This is a huge mess and as you were involved in creating this mess no one can promise any of this will work out for you but give it a go.

[thecatspjs]

Before it goes any further - my suggestion would be to get the case off ebay.com and into paypal.au if it was truly an Australian ebay transaction , 

[miss_ebabe]

I am not blaming Australia Post for the condition of it's RETURN. The buyer opened this dispute. Not me. The buyer claims there was damage when she RECEIVED the item (for which it was insured for full value.)
That's beside the point when there is now a MISSING part.
Thanks for your opinion. I have already reported this to FSO, PayPal, eBay and the Police. I'll leave it the hands of these 'experts'.

[miss_ebabe]

Thank you - that is what I am trying to do. It's already gone way too far.......hopefully PayPal will offer some resolution.

[thecatspjs]

What a nightmare buyer. 

How did the buyer pay though, through paypal.com.au ??