Fraud - buyer claiming item not as described, returns a different item

[vikchick18]

I recently sold a brand new (with tags) black silk georgette shell top. I bought the top in October for $149. It’s a popular item that isn’t discounted at sale time, so it’s still in the store and on the website for $149. When I realised I wasn’t going to ever wear it (it didn’t suit me), I decided to sell it while it still had currency. The buyer paid $64.72.

Buyer emailed me, claiming it’s not as described – that it’s polyester, not silk – and demanding a refund and payment of return postage. I am not infallible, of course, but I was pretty sure I’d not made a mistake with this listing. Wishing to be amenable, I said return the top – I will refund if I’ve made a mistake, but I want to check the top myself first. The top turned up in the post today. It’s not the top I sold her ….. it’s very similar, but this top is (yep, you guessed it) polyester and it looks and feels used. She’s swapped the lovely new silk georgette version of the top I sent her for an old polyester one.

I’ve learned at least one lesson here – include a photo of all labels with listings.

Should I just chalk it up to experience, refund her in full and wear the loss or should I try to expose the fraud? I’ve got an earlier version of this top (in polyester) on my forthcoming sales rack, so I know they used to make it in polyester. I’ve got a sales receipt from the shop where I bought it, dated October 2012. And I’ve just emailed the store (small chain of stores) about the fabric used in this and earlier versions of this top. Is this enough evidence to mount a challenge – and, if so, how does one go about it?

Any advice would be much appreciated.

[kopenhagen5]

Have you spoken with her since, it could be she accidentally returned the wrong top and doesn't know it?

Do everything through ebay messaging and first get her to admit in the message that she is adament she didn't return the wrong one.

[kopenhagen5]

Secondly she can't prove return to PayPal if she didn't send it registered to you.

I am betting if you say, sorry no refund, she won't pursue it as she has the item, but wait for her to respond to - you have sent the wrong top. And don't mention it's similar so she can't say, you must be mistaken.

But I definitely wouldn't let it go, we will fix her little red wagon. 😉

[digital*ghost]

If you can be 100% certain the top returned is not the top you sent, when you contact the buyer I would recommend that you sound more confident and assured of your position (she may have made a mistake, or - if attempting to defraud - may have banked on you not noticing the difference).

You don't have to be accusatory in your manner, you can just say, 'unfortunately the top I received back is not the one I sent, but as it's very siumilar I can understand how such an error may have been made, but as such I'm not able to refund for this item - please double-check at home for the original top, as I am still happy to refund for the item I sent if it is returned. If you would like this top returned to you, I will be happy to do that as well as soon as I receive $X.XX for postage. Kind Regards..."

[i-once-was-bump]

In the listing you have all the tags photographed so were they still on the top and in the same position as the one photographed?

I wonder why they would make the same style top in both silk and polyester and you had one question asking if the under layer was polyester.

Obviously there is some confusion about this top due to them being made in two different fabrics.

As the style number is showing on the label in the photograph could you check with the website selling the top and make sure the silk one has the same number as your top?

I have no idea how you can prove you sent a silk top but received a polyester in return.

[i-once-was-bump]

Have you checked through all the feedback for this buyer just in case she has purchased a "similar" top in the last couple of months?

[kafav]

why you was selling on ebay if you have receipt and its with tags they will refund,if you take to shop they will take back.

[patchoo78]

Not after nearly 3 months they won't. The top was bought in October

[*sparklz*]

why you was selling on ebay if you have receipt and its with tags they will refund,if you take to shop they will take back.

Not 3 months later.

[***super_nova***]

Is it the same label?  Does it have the same tag?  If not just tell her she did not send back the same item and that you will return it to her as soon as she pays further postage.  If she opens PP dispute and provides them with appropriate proof of postage, you will need to photograph the top she sent back and say it is not the same one.  But I expect that as she is quite new, she probably just posted it and has not proof of postage, so she would lose PP claim anyway.

Just wonder, when somebody asked you if it is 100% silk, and you answered yes, didn't you go and check?