Disheartened by false accusations made by buyer

[cicigin]

I just joined eBay, am selling some preowned clothes I hardly wore. One buyer now asked for a full refund due to rips. I swear these were most definitely not there when I posted. I think she did this as she maybe had a change of mind when arrived. I see on her feedback she has been accused of selling dirty smoked out clothes with rips so I'm wondering wth!! Not fair as $127 is on hold. I had to agree to return, she won't accept anything else. I'm new to this I don't know what to do. I put track no#s on ppal as soon as I'm out of the post. I fine tooth comb the items. If defected I'll say. I'm so upset this can happen with no protection to me.

[cq_tech]

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@cicigin wrote:
Exactly what I thought could be the case post maybe, did pack well though. It's silk though so easy to rip. Perhaps it just didn't suit her or wasn't right and it's a total change of mind and she feels that by tearing it she can get a refund. So annoyed I'll def not sell on eBay again after this.

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This place is the pits and I'll finally be closing my selling account next week because eBay is way too biased against sellers, but if you want to take your case further (and I would), then visit your local courthouse and ask the clerk of the court how to complete a statutory declaration and send it to eBay. This should immediately put a hold on any resolution as a stat dec is a legal document and must be accepted and treated as such, then your buyer has to consider whether it's worth a perjury charge, particularly if you have additional evidence which proves that your top wasn't damaged at the time of postage.

It takes a very stupid person to argue against a sworn document such as a stat dec, and if she does, she will almost certainly lose the case and may well find herself on the wrong side of the bar. Call her bluff with a stat dec and I bet she drops the case like a hot potato!

[lyndal1838]

No need to wait till Monday to do a Stat Dec. and it is not necessary to go to a Court House.

The forms are available at newsagents and it is not usually difficult to find a JP to witness it.

Most post offices have a JP on staff as well as a lot of chemists.  Also Police stations often have a JP.

You can also look online for JPs in your area....many JPs will see you over the weekend if you ring them.

[imastawka]

Get the stat dec at a newsagents and here is a list of who can witness it

Spoiler

List of authorised witnesses

There are a number of people who may be able to witness your statutory declaration. A Commonwealth statutory declaration under the Statutory Declarations Act 1959 will need to be witnessed by a person who is both:

• on the list of authorised witnesses (below)
• has a connection to Australia.

For example, a doctor who is registered to practise medicine in Australia can witness your declaration, but a doctor who is not registered in Australia cannot.

If you are currently overseas, you may be able find someone who is an authorised witness at your nearest Australian Embassy, high commission or consulate. For more information, including contact details, visit the Department of Foreign Affairs and Trade website or the Smartraveller.gov.au websites. Please note that engaging an authorised witness overseas may attract a fee under the Consular Fees Act 1955.

A statutory declaration may be made before a person on the list of authorised witnesses in the Statutory Declarations Regulations 1993:

1. a person who is currently licensed or registered under a law of a State or Territory to practise in one of the following occupations:
   • Chiropractor
   • Dentist
   • Legal practitioner
   • Medical practitioner
   • Nurse
   • Optometrist
   • Patent attorney
   • Pharmacist
   • Physiotherapist
   • Psychologist
   • Trade marks attorney
   • Veterinary surgeon
2. a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described); or
3. a person who is in the following list:
• Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public
• Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)
• Bailiff
• Bank officer with 5 or more continuous years of service
• Building society officer with 5 or more years of continuous service
• Chief executive officer of a Commonwealth court
• Clerk of a court
• Commissioner for Affidavits
• Commissioner for Declarations
• Credit union officer with 5 or more years of continuous service
• Employee of the Australian Trade Commission who is:
  1. in a country or place outside Australia; and
  2. authorised under paragraph 3(d) of the Consular Fees Act 1955; and
  3. exercising his or her function in that place
• Employee of the Commonwealth who is:
  1. in a country or place outside Australia; and
  2. authorised under paragraph 3(c) of the Consular Fees Act 1955; and
  3. exercising his or her function in that place
• Fellow of the National Tax Accountants' Association
• Finance company officer with 5 or more years of continuous service
• Holder of a statutory office not specified in another item in this list
• Judge of a court
• Justice of the Peace
• Magistrate
• Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961
• Master of a court
• Member of Chartered Secretaries Australia
• Member of Engineers Australia, other than at the grade of student
• Member of the Association of Taxation and Management Accountants
• Member of the Australasian Institute of Mining and Metallurgy
• Member of the Australian Defence Force who is:
  1. an officer; or
  2. a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or
  3. a warrant officer within the meaning of that Act
• Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants
• Member of:
  1. the Parliament of the Commonwealth; or
  2. the Parliament of a State; or
  3. a Territory legislature; or
  4. a local government authority of a State or Territory
• Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961
• Notary public
• Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public
• Permanent employee of:
1. the Commonwealth or a Commonwealth authority; or
2. a State or Territory or a State or Territory authority; or
3. a local government authority;
   with 5 or more years of continuous service who is not specified in another item in this list
• Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made
• Police officer
• Registrar, or Deputy Registrar, of a court
• Senior Executive Service employee of:
  1. the Commonwealth or a Commonwealth authority; or
  2. a State or Territory or a State or Territory authority
• Sheriff
• Sheriff's officer
• Teacher employed on a full-time basis at a school or tertiary education institution

Almost anybody, it seems

[lyndal1838]

While there is a long list of people who can witness a Stat Dec it carries more weight if it is a JP or a lawyer.

I would always look for a JP first up......actually I don't have to look far as my eldest daughter has been a JP for over 25 years.

[cicigin]

I'm going to def take it further if the top returns in ridiculously bad state. I wish I'd taken a trillion pics. I'll never sell without now as pics would have to be behind a tie on the top that wasn't exposed in pics on the listing so if she did rip it herself it's perfect spot. I know it was fine before though. Also it's an area that could easily rip if trying on it was too small and were pulling it. I don't know, just feel like eBay are hopeless on the ph. They are connecting me endlessly to different places that can't help. I also have 3 items now unpaid for so not much luck thus far. When and if the top comes back ok, how can I refund this girl? Will eBay have the funds ready for me to just click on when and if all is ok? Cheers everyone in going through old threads trying to learn what our rights are!

[lyndal1838]

If your funds are on hold you will have to ring paypal and authorise them to do the refund for you....you will not be able to do it yourself.

[cicigin]

Ah thank you! Ok I'll ring them as soon as it comes then. They told me it was an eBay case and they needed to deal with it. The eBay guys are the worst on the ph, just get connected from department to department! Cheers

[cicigin]

I just emailed asking what to do if top is returned and clearly worse than when I sent: stained or whatever, they said there's not much they can do and to email them and they will try to help but it would be up to myself and the buyer to resolve!!! **bleep**. Bugger eBay I can't believe it.

[bakeandfry]

http://pages.ebay.com/help/policies/return-item-condition.html
seems ebay dont even know there own policys, nothing strange about that....:p

[cq_tech]

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@cicigin wrote:
Ah thank you! Ok I'll ring them as soon as it comes then. They told me it was an eBay case and they needed to deal with it. The eBay guys are the worst on the ph, just get connected from department to department! Cheers

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Definitely best handled via phone, and please don't be put off. You need to let them know that you wish to lodge a stat dec and put a hold on this resolution because you intend fighting it, and if Paypal touch one red cent of your money, you will also be lodging writtien complaints with the Financial Ombudsmans Service at https://forms.fos.org.au/OnlineDispute. These people act very quickly and are feared by both eBay & Paypal, both of whom will do virtually anything to avoid being the defendant in one of their cases. You may need to demand to speak with a supervisor, probably in Trust & Safety. The only other thing you need is just one photograph which is dissimiliar to one the buyer has returned and they will have dropped themselves right in it.