on 08-10-2018 10:46 PM
Can anyone share some experience in my situation.
Basically the buyer returned an empty box to a tampered address and eBay has decided to full refund the buyer.
The return shipping label was provided by eBay and a signature was required as the item is over $1000.
The local post office helped us find the recipient through the siginatory information and the staff provided a statement proving that the signature is from someone else.
We made contact with the parcel recipient and luckily they kept the original packaging and they are happy to be our witness.
We uploaded all evidence immediately and requested eBay to hold the refund and investigate.
eBay refunded the buyer in full because the "the buyer provided valid proof that the return was delivered." eBay insisted its the correct return address being used in their eParcel system as well as AusPost's.
I had a closer look at the shipping label again and realized the address was tampered.
eBay ignored all of our solid evidence and only looked at their own system. Outrageous!
Are we alone?
Thanks in advance.
on 09-10-2018 03:27 PM
on 09-10-2018 06:25 PM
on 09-10-2018 07:21 PM
It would be a claim against PayPal.
Presuming the dispute is found in the OP's favour, PayPal would almost certainly seek to recover their losses/damage from eBay.
on 09-10-2018 08:50 PM
Reading from the OP it looks like the claim was made by the buyer thru ebay as they were the ones to send out the label that was reportedly tampered with.
So any refund would have been directed by ebay but actioned at their request thru PayPal.
Had the case been opened thru PayPal and they had made the decision to refund then, yes, the FOS would be the body to take it up with.
So I'm thinking this would be an ACCC case rather than any ombudsman.
If you call the FOS and decsribe what happened they will be able to advise you if/not they will handle the complaint and if not them then who will.
on 22-10-2018 03:57 PM
An update:
We wasted too much time with the eBay customer service on Email, every email replied by a different agent repeating the same
The only thing eBay stood on is the system information from Auspost showing the item is signed and delivered.
We argued the signature is not ours and eBay requested us to provide investigation result from Auspost.
Auspost issued us a statement proving that the address was altered and we are not the recipient.
Ebay still refused to reverse the decision, saying the decision is final and the case is closed.
It is appalling that Ebay chose to stand with the scammers...
Any suggestions?
on 22-10-2018 04:31 PM
Try phoning them, or use the call back option. Email is a complete waste of time as the replies are bot generated. It can take a bit to get a human to reply. If you use the call back option, you usually get someone who is ranked slightly higher than the usual monkeys. If you get no satisfaction talking to that person, ask to speak to a supervisor.
on 22-10-2018 04:39 PM
on 22-10-2018 06:44 PM
on 22-10-2018 09:28 PM
Make a Statutory Declaration and contact eBay again using the "Have us call you" option. Inform them that you have made a Statutory Declaration and ask for a fax number to upload it, and add that you can send the original by mail if they provide a physical address.
Very politely state that if they are not willing to review the decision, you will be lodging a dispute with the Financial Services Ombudsman. You may want to make it clear (in a very polite and friendly way) that you are aware that the complaint will be against PayPal as the financial organisation involved, and that PayPal would of course subsequently seek to recover funds from eBay in the event that the dispute will be found in your favour. (The funds PayPal would seek to recover would comprise not just the amount refunded to you, but any and all costs involved, such as the fine/costs incurred by PayPal in the event of the FOS resolving in your favour.)
Make certain that you record the call and take notes throughout. Of course make sure that the CS rep gives consent for the call to be recorded. (I give some details about recording calls in this thread: https://community.ebay.com.au/t5/Buying/I-purchased-an-iPhone-from-a-seller-that-is-selling-stolen/m...)
If eBay don't reverse their decision, then call PayPal and outline what has occurred. Ask for your funds to be refunded. If they say that it's an eBay matter, politely ask for a fax number to which you can upload the Stat Dec. State that you are doing so because you wish to offer them every opportunity to protect you, so that you won't need to lodge a dispute with the FOS.
(Again, record the call; get permission from the PayPal rep for the call to be recorded at the start. Take notes as well.)
Call PayPal Customer Service
1800 073 263 (toll free)
+61 2 8223 9500
Go to this page (https://www.paypal.com/au/smarthelp/contact-us) for your one-off passcode.
[You'll be asked to enter this unique code on the phone.)
Customer Service hours
6am to 10pm AEST Monday to Friday
8am to 7pm AEST Saturday and Sunday
IT'S IMPORTANT TO ENSURE THAT YOU ONLY USE AN EXTERNAL RECORDING DEVICE IF YOU ARE RECORDING THE CALL.
(Put your phone on speaker, and use a phone or tablet or tape recorder to record. Remember also to record the permission at the start of the call. If no permission, you must turn off the recording device.)
(Don't neglect the taking of notes. Date, time, name of person to whom you're speaking, details of what is discussed, and don't forget to go through the process of summarising as you come to the end of the call. Summarising ensures that you specify what's been discussed; the other person agrees that the points you specify were discussed, and agrees that certain things have been agreed upon / decided / etc. You can then be certain that clarity has been achieved, and if you have to lodge a dispute, you will have evidence that your version of events and any discussions is lucid and correct.)
BE PREPARED BEFORE YOU MAKE ANY PHONE CALLS. Have everything to hand, and have all the details ready for you to provide.
If PayPal don't agree to remedy the situation (and I suspect they won't in this case), then do go ahead and lodge with the FOS.
Even if the FOS can't assist (although I think you have a good chance of being able to get satisfaction), there are other options. Post again if you do all the above and still find yourself in the doldrums, but post anyway to keep us updated!