Money Back Guarantee Policy

[gordo1955]

I am a casual eBay seller basically just selling my unwanted items (mainly collectables).  I have ended all my items so that I can assess the impact of the new money back guarantee policy. If I only sell items for 'Pickup Only' (either by cash or paypal), does the new policy still apply even though I make sure the buyer is fully satisfied with the item on pickup?

Regards

[kashgar2012]

Morning All,

Just got of the phone with Ebay. I used their website and opted for the call me option. They pretty much called immediately.

I spoke with 3 people and asked to be escalated to someone with the authority to do the following

i. Resolve my case
ii. Authorise immediate release of funds in my paypal account

Initially they kept telling me the case was not yet closed and I might win.  I eventually told them that I would be reporting Ebay to the FOS, ACCC, and Dept of Fair Trading should they not continue to escalate me to someone with authority to meet the above demands.

Eventually I got put through to a supervisor.  I calmly explained the situation, very simply, using point form, to her.

Ebay hav now closed the case in my favour. Funds will be in my PayPal account within 24 hours.

A good outcome, but not counting my chickens until I have the $$$$.  I am concerned the buyer can still appeal, but the notes in the ase clearly state the item is ineligable for ebay money back guarantee, so i think that possibiliity is remote.

I have screenshots and email backups of all correspondence with EBay

No PayPal on local pickup ever again.

Took around 1 hour on the phone.

[thecatspjs]

Good news.  Persistance and patience has paid off.

Agree Kashgar, keeping your cool, escalating until you get a rep with some authority and being very clear about the issues is the best approach with eBay.

[ydgonline06]

But how do you actually stop a buyer paying with PayPal prior to pick up?

[thecatspjs]

By offering paymate or another little used payment alternative.

Putting credit -debit card on record with eBay with account only used for payment of eBay seller acount and not having a paypal account on record with eBay at all so paypal funds can't be frozen or accessed.

Not viable for regular sellers or businesses, but for occassional casual sellers clearing personal goods and doing pick up only - with stated preference for cash on pick up, might find it works quite well.

[tall_bearded01]

So what are you suggesting? That sellers allow buyers to manipulate the Guarantee to obtain refunds they are not entitled to.

In any event, in the circumstances as described above, if eBay were to find for the buyer it is they who are in breach of thier own agreement. Yes the seller has a contract with eBay to allow them access to their PayPal account, but eBay has a contract the seller which limits access to those funds onlt where (1) the buyers claim falls within the limitations contained in the Guarantee and (2) eBay can establish a right of recovery against the seller. That is, as this is a pick up item and as pick up items are excluded from the Guarantee, should eBay allow the buyers claim, and then attempt to garnish the sellers account, they will in in breach of their own agreement – breach of contract.

It may come as a surprise to you, but it was I and people like me who forced PayPal to modify wording of its User Agreement so that it clearly stated that where it referred to proof of delivery, they really meant proof of postage.  It was I and people like who stopped eBay’s attempt to have PayPal as the sole payment option on the site.  It was I, and people like me who put an end eBay’s policy which made PayPal a mandatory payment option that a seller must offer. And it will be I and people like me, who will bring an end to, or at the very least force major changes to, the eBay Money Back Guarantee, with the start point being removal of that part of the agreement which allows eBay to garnish peoples PayPal accounts without first obtaining a court order to do so.

Now having done all these things, has eBay responded “by restricting (my) selling activities on their (my) accounts or membership all together”?  No they haven’t.  They haven’t because they are not stupid enough to impose restrictions on a sellers whose only offence is to make them, eBay, abide by limitations they have imposed on themselves in their own agreement.

But yes it is the buyer’s choice as to what they do, and in fact it is my best interests that they follow your advice.  In my best interests because if in the case to hand eBay find for the buyer and make the seller pay, then this becomes just another example I can site in my submissions to the minister, and a few selected cross bench senators, and the ACCC to demonstrate that there are real systemic problems with the Guarantee and for this reason alone it must go..

[mic-s-korea]

What a huge hassle and time waste ... would be better of listing it in online versions of the traditional classified somewhere.

[thecatspjs]

Blowing your own trumpet, blundering in like a bull in a china shop to confuse others issues by throwing in legal jargon and some puffery as well as twisting others posters words, does not impress me.

[thecatspjs]

I feel saddest for the regulars giving kudos to this verbose carp and pretend ego trip.

It is interesting to note that the threads that IMO have provided the most useful information to others, and yielded postive results for others, was the post by another poster and simply said the financial ombudsman wants to hear from people affected by Paypal hold.  Thats all no posturing by that poster of what a brilliant advocate they were, no "I's" there - just simple, clear, thoughtful advice.

[davidc4430]

so how many sellers are in a similer position who cant or dont know how to go through all that to get an outcome that should have been simply handled by ebay in the first place? ebay are becoming sneek theives and as long as they keep getting away with it they will never change. until somebody, the FOB or ACCC or fair trading actually knock this sort of thing right out of ebay they will keep stealing from sellers! i really cant fathom anyone still listing on ebay under the present rules. why are so many just going along with it? i read these boards everyday and so many complaining but still listing. then having to make FOB complaints to get their money released. i only had it once and that was it, no more selling for the forseeable. and i could really use the extra cash right now.

[tall_bearded01]

I believe that when you wrote “the most useful information to others, and yielded positive results for others, was the post by another poster and simply said the financial ombudsman wants to hear from people affected by PayPal hold” you were referring to the post by Cq-Tech.

I agreed with solution, but as decisions under the Guarantee are made by eBay (no PayPal) and as eBay and PayPal are separate legal entities, and as eBay is not a financial institution let alone a member of the Ombudsman Service, should the seller lodged have a complaint with the FOS, both eBay and PayPal would have responded by saying, “as the decision was made by eBay, and as eBay is neither a financial institution or a member, the complaint falls outside of the Ombudsman jurisdiction".  So all I did was expand on what Cq-Tech advised so that dispute could be brought within the Ombudsman’s jurisdiction.

Now if you had necessary knowledge and experience you too would have identified this minor deficit, but then if you did, you wouldn’t have written  “the most useful information to others, and yielded postive results for others, was the post by another poster and simply said the financial ombudsman wants to hear from people affected by Paypal hold”