Sorry if I cover some ground which may have already be covered by some others as I do not have time to read the whole thread,. Furthermore it is somewhat unhelpful that this issue has degenerated into a slanging match with accusations and counter accusations of scamming.
From what I have read, I find it difficult to establish whether the buyer has made a PayPal Buyer Protection Claim or a claim under eBay Money Back Guarantee, but seeing that most of the latter comments refer to PayPal, I assume the claim has been made with them, and if that is the cases, then, the only way the buyer has a right to a reimbursement against the seller is if they (the buyer) can prove they were sold a fake, AND HAVING RECEIVED ONE DOESN’T PROVE THEY WERE SENT ONE.
The trick (for want of a better word) is place the onus wholly on PayPal to justify any decision they make. That is, if they find for the buyer, they need to so on the basis that they have sufficient evidence to hand to establish, on the balance of probabilities, that the item handed to the carrier was a fake - and as previously stated, the fact that they received a fake is not is not sufficient prove the item posted was a fake.
First and foremost you need to prepare and sign a Statutory Declaration as to the circumstances as to how the phone came into your possession, that the phone sent to the buyer was the one photographed for the purposes of the listing, and that, the phone that their client (the Buyer) photographed as having been received, is not the same phone which you handed to the carrier.
The rationale behind the stat Dec is, if you simply write to them and say “the phone is not the same phone” this is an assertion in the same way tthat when buyer saying “this is the phone I received” that is also an assertion. However, if that assertion is formalised into a sworn statement, then it ceases to be an assertion and becomes a fact, a fact which PayPal must accept as being true unless they have evidence to the contrary.
So where does that leave PayPal. Having received a sworn statement that the pone is the listing is the one sent, they will then need to get the buyer to provide a sworn statement that the phone received was not the one as contained in the listing. But this only creates a factual black hole, in that, all they have is evidence that the listed item was sent, but not received which, which means, unless they have proof that either the buyer or seller is lying, then the only logic reason left is it was substituted whilst I transit: which mean no right of recovery has been established because the seller legal obligation ended the moment it was handed to the carrier.
And then just for completes sake get the photo you took for the listing enlarged and provide copies to PayPal so that they can ascertain for themselves what you say was sent and what the buyer says was delivered are different.
From that point onwards it pretty much a case of whether PayPal believes the buyer and if they do making a discretionary payment. However, if, on having been provided with the sworn statement that what you sent was the item contained in the listing, should they chose ignore it, and attempt to deduce the monies from your account, then simply file a dispute with the FOS, at which time it will fall PayPal to justify their decision to ignore a sworn statement without any rebutting evidence in support.
Hope this helps
mvPGbww~~_7.JPG "northeastpicker03"){kind=avatar}
