RECOVERING GOODS NOT RETURNED AND NOT PAID FOR IN VICTORIA

[debanne1959]

Sold USED 40+ yo furniture for PICK in original condition (i.e. no modifications) - with many photos of wear and tear - on arrival purchaser invoked 'not as described' and said there was more damage than shown in photos - I also contact ebay to report the buyers bullying tactics - after a long process ebay (as everyone told me would happen) awarded in the buyers favour and told me to return the $3,000 and collect the goods (1,700kms away).  I contact the buyer and he says ebay says he can keep all the goods because he paid $1,000 in freight (the lounge was, in his email valued at $2,000 and the table & 6 chairs at $1,000) - effectively giving the goods for free.  Surely this is theft as he hasn't actually paid for the goods and will not return them (he is using the lounge an told us intends to sell then table).  I advised ebay that the buyer will not return the goods - the email response from them is unreadable - and they have since withdrawn the money from my bank account.  Does anyone know of  a law firm out there with experience dealing with ebay that can help with this?  Also has A Current Affair or similar ever done a report on how vulnerable sellers are in this market?

[jellybirddesigns]

The buyer has scammed you. These types of items would have been better as collection and cash on pickup.

Best thing to do is contact the buyer and say you will be proceeding with a case in small claims court.  Alternatively, a debt collection agency. 

You can use his own messages against him that he intends to double profit from your loss

Also suggest you get in contact with customer service - just because he says that Ebay "told" him to keep the items, does not make it so. Ebay are not following their own guidelines. They can look at the messages between you.

Unfortunately, never sell anything on Ebay you are not prepared to lose (or go through legal means to recoup).

[jellybirddesigns]

If something is not as described, the seller has to be given the opportunity to pay to get the goods back. Did you let the case close out without accepting the return? If you did so, the case will resolve in the buyers favour.

[debanne1959]

I did object to the whole thing - to many different emails (mind boggling/confusing) - at one point they advised me to check the mail UK charges (4 piece lounge suite & 7 piece dining room setting) with shipping from queensland to victoria - obviously they did not at any stage read any of my emails.  I offered a settlement on the table (retaining my rights) but the buyer refused that and asked for discounts on the lounge as well - a real piece of work.  At one point I told him to stop texting me as he was bullying me and use the ebay platform, which he is now saying I stopped communicating with him - I actually asked Ebay's help as I felt bullied - NADA

[jellybirddesigns · Accepted solution]

I just checked your sold listings. Holy Cow!

The table was $10,000, the lounge was $1000, and the other table was $750. Were all 3 to the same buyer?

You mention a figure of $3,000 - can you clarify?

They were all listed as pickup, so how was freight organised and paid for?

[debanne1959]

He originally enquired about the table & chairs - spotting the lounge (the valuable bit) it the back ground - he asked if I could combined the listings - I said I couldn't as the lounge had a bid of $1,000 on it - he said I could and stepped me through the process - we suggest $3,000 as a price we'd be happy with (thinking he'd countered) to our surprise he accepted straight away - suggesting I put $10,000 on it so no-one else would bid on it and I could accept his offer (I was on the phone to him).  So he paid $3,000, harangued me re package care etc - he suggested the lounge might need new foam in the cushions - sething I hadn't considered (the lounge is worth around 3500+ refurbished) I would have sent it to a dealer however COVID meant everyone was shut and I had to 'clear' the deceased estate.  The picture of the table showed the only mark I could see (I'm NO expert) the lighter patch to the bottom left - looking back I now realise it was odd he didn't asked for more info - I said it was 40+yo furniture in goods condition given its age and had no refurbishment that I knew of.  When the table arrived the pale patch had actually 'bubbled' more and he sent photographs a few other spots that bubbled (that I had never seen), so I rang a specialist in this type of furniture - because I suspected the 'extra' bubbling was as a result of transport - the specialist said it could very well have been and should never have been packed in the manner the buyer insisted - and that those particular tables were very fragile (glue) given their age - when I declined his $500 credit request he then started complaining about the lounge - you can see I photographed it's condition - I know I went into this with a true heart - he also asked me to send photos of other furniture in the house - and on the morning of pick up he asked me to throw in a desk & bookcase - as their had already been an issue with his carrier thinking there was only a table & chairs and the way he had been at me I decided to say no.  If this guy doesn't have previous form I'll go he - he told us this morning he has lots of experience on ebay.   OMG such a rant - sorry - I just want to find a lawyer that has experience taking this further - I'm sure I'll need a specialist

[jellybirddesigns]

So many red flags from start to finish. Personally I would NEVER have gone through with this scheme, especially since you already had a bid on one of the items.

Sounds like he might be a very cunning dealer and this was a way to find a gullible seller who was keen to sell.

There's so many weird things - how did he pay $3000 if the bid was $10,000? 

You do realise you're paying fees on the $10,000 bid, not on what the buyer actually ended up paying.

This is a mess.

[debanne1959]

No, now I feel even more stupid - **bleep** this stuff has hurt.

[twyngwyn]

I would be tempted to get a police report number and send it to ebay....they may refund...otherwise you might have to go to court.

[papermoon.lady]

Just a thought - have you talked to a supervisor in live chat?