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.

[breracing-1]

Unfortunately buyers who claim items not as described for the purpose of committing fraud by returning broken or inferior items that the seller didn't send get away with it because ultimately it remains the buyers word against the sellers what was actually received.

The problem is regardless of how well the seller can prove ownership of the listed item by photos, tags, serial numbers, receipts whatever, the seller can't prove the listed item is what was sent to the buyer and from a Paypal perspective, the buyer will win these type of scams 99.9% of the time.

[peternt2001]

If after further communication with this woman, you are confident that she is trying to defraud you with a different cheap top.

Besides the paypal dispute, i would report her to the police for internet fraud.

Just as i dislike sellers who try and defraud buyers, i dislike buyers who try and defraud sellers. All they do is give honest people a bad reputation and promote mistrust on ebay.

Depending on what the police tell you, if they do investigate, it might pay not to let her know incase she tries to rid herself of the top to hide the evidence if she gets a knock on the door.

And if the police tell you that they wont be sending anyone out to her place to investigate, maybe then you could tell her she is being reported for internet fraud, might make her have a change of heart about returning the original top. 

[vikchick18]

Thank you. Great suggestions and you've given me the confidence to tackle this.

[phorum_junkie*]

Unfortunately buyers who claim items not as described for the purpose of committing fraud by returning broken or inferior items that the seller didn't send get away with it because ultimately it remains the buyers word against the sellers what was actually received.

This is not so, if the seller is 100% sure it is not the same item and presumably it would have different tags and label, then they need to call Paypal, tell them a different item has been returned and they are going to report the buyer to the police and will provide Paypal with a crime number once it is issued and that if Paypal refund the buyer they will expect the money to be returned to their account once paypal have proof of fraud. .

If it does have the correct tags on it sound a bit strange that the buyer would have exactly the same item in a different fabric and also own a tag gun with which to attach the tags!

Are you certain you couldn't just have made a mistake?

[vikchick18]

***super_nova*** - thanks for the great advice. When she asked if it was silk, I did check. The label said 100% silk georgette. When she contacted me with the item not as described email, I was pretty confident I'd not made a mistake. There was just that niggling thought, what if there was a second label I missed - on the lining, perhaps. Looking back, I reckon she was setting me up for this right from that initial email.

[***super_nova***]

vikchick, how did it come back, did  it have tracking? 

[vikchick18]

Thanks PK. The top she sent back to me is similar. It's an earlier version of the one I sold her - same styling, just inferior fabric. She's removed the tags. And it's definitely been worn - it looks and smells used! I've been mulling this overnight and I think I can get supporting evidence from the shop where I bought the top.

[vikchick18]

***super_nova*** - it came back in a regular satchel.

[vikchick18]

No tracking.

[maranock]

I'm not saying you are wrong or your buyer is rights but - do you realise that silk georgette is not silk and has not been for many years, it is actually now a synthetic fibre like polyester. This could have some bearing on the claim perhaps. The care of these fibres are different so selling as 'silk' should reflect that.