Why does Ebay allow this? Automatically Return Process

[bee*ut]

Two weeks ago I see the "You accepted a return" huh? what? no I didn't. 

Anyway the buyer acussed me of selling him a defective video card and put in a return claim which was automatically accepted.

After closely examined the photo I noticed the 2 bottom corner of the labels were slightly peeled off, so I compared the photo I took before posting the card out and they were slightly in wrong places. So I suspected this person took the stickers from my card then sticked onto a faulty one 

Below are the messages

There is a dead giveway between to 2 photos, can you spot it? What is this buyer thinking? I believe he done this kind of scam many times before, pulling out the Ebay policy and Australian Consumer Laws stunt to scare people

I contacted CS explained my situation and pointed the obvious but they advised me to go through the process and let the buyer return the item then I can appeal.

WHY??? I dont undertand why Ebay refused to stop the return process when presented with the clear evident showing the item is not the one I sold. the buyer clearly is a fraud

I am not a trader every now and then I sell something on Ebay to make end meet, this process caused unnecssary stress, especially I dont have no time to waste. Now I have to waste more times spending on recording the return item and appeal my case

I just want to put this out there in case Ebay favour the buyer

[bee*ut]

Yes, I've done both request a call back and ask to speak to the supervisor. 

[bee*ut]

Yes

[digital*ghost]

As difficult as it is, remain calm when you speak to them - you want them to listen to what you say.

Get all the facts down before you speak to them again, in a clear timeline and with succinct points.

The most notable point here is that you had clear, undeniable evidence the buyer did not return the product you sent them, and therefore were not due a refund. eBay ignored this evidence and provided them a refund against your wishes, which now makes them complicit in a fraud case, and therefore eBay will be reported as the offending party along with the original buyer when reporting the incident of fraud to all relevant authorities - ACORN, the federal agency dealing with online fraud for aiding and abeting fraud, AFCA - the Australian Financial Complaints Authority, for providing an unauthorised refund and threatening to charge you for it, and the ACCC for denying you your rights under consumer law, as a seller (namely, the right to inspect returned goods before approving a refund). 

I hope it works out. 

[bee*ut]

Thank you so much digital*ghost

It was quite difficult to remain calm when you are taking to them, they just dont listen and I was frustrated when I have to repeat myself over and over again.

Is there any consequence to the scammer if Ebay found to be fraud? or just a slap on the wrist

Can I report to ACORN now or I have to wait for my appeal?

[digital*ghost]

The best time to report to ACORN is when there are no further avenues to pursue, as they won't often take action before then, eg usually only after the perpetrator has been given an opportunity to pay any funds owing like a final notice and 30 days to remit (that would be more applicable if you decided to go after the buyer for obtaining a refund fraudulently, which you could do if you wanted to).

Cases are also given more weight if the complainant suffered financial loss, so basically at this stage you want to convey to eBay that should they insist of forcing you to pay for the unauthorised refund they provided to the buyer, and / or deny your appeal, you will pursue all available legal avenues and report their actions to all relevant Australian authorities to investigate. 

No matter what, I would still report the buyer, to ACORN, because if they do this sort of thing regularly, the sooner there starts to be a record of it, the better (or the more reports, the better, if they already have something on record). You can still file a report if you suffered no financial loss, there's just significantly less chance it will become anything other than filed, and used for statistical purposes).

If all else fails with eBay, and eBay debit the funds from your PayPal account, then you can try filing a complaint with AFCA against PayPal for accepting the unauthorised debit. 

[bee*ut]

Thanks again Digital*ghost for all your help

I am getting my appeal on the way, wish me luck

"There are certain life lessons that you can only learn in the struggle"

[countessalmirena]

I thoroughly and entirely agree with what's been said on this thread in response to the frustrating position in which you've been put.

The buyer should of course be reported to ACORN, but you may want to give the buyer one last opportunity by sending him/her a registered letter with signature on delivery. To prevent the buyer from refusing to sign for it, you may want to put return details which don't give away from whom the letter is.

Something along the lines of this:

Spoiler

                                                                           ❝ [your address]

                                                                              [your email address]

                                                                              [your phone number]

                                                                              [date]

Dear [buyer].

In response to the recent case [case no. ###]  involving your return of an item to us, where the video card which you purchased [item no. ###] was not the same video card which you returned (confirmed upon arrival), this is your final notice that, unless you either

• return the correct (working) video card that was sent to you, in the same condition in which it was despatched, via a fully tracked and insured postage method, or
• make payment of the original cost plus all associated costs (comprising the item price, the postage price, and the return postage price of the defective substitute from you to us),

you will be reported to the Australian Cybercrime Online Reporting Network (ACORN).

Returning a faulty (and earlier model) item, i.e., not the same item that you purchased, and claiming a refund for the original item through eBay's Money Back Guarantee, is a criminal offence, i.e., "obtaining property by deception".

A person who, by any deception, dishonestly takes property belonging to another person with the intention of permanently depriving that person is guilty of obtaining property by deception. Obtaining property by deception is an indictable offence that carries a maximum penalty of 10 years’ imprisonment and/or a fine of 1,200 penalty units. Indictable offences are more serious offences triable before a judge and jury in the County or Supreme Court.

The consequences of being reported to ACORN, which is a national policing initiative of the Commonwealth, State and Territory governments, will include your name being on a permanent register and forwarded to federal, state, or local law enforcement or regulatory agencies with jurisdiction, with prosecution the responsibility of the receiving agencies. The involved agencies include (but are not limited to) all Australian police agencies (including your local police department), the Australian Criminal Intelligence Commission, the Australian Attorney-General’s Department, the Australian Competition and Consumer Commission, and the Australian Communications and Media Authority.

Once the report is made, it will not be possible for us to halt the investigation. You must respond to this letter by phone or text message (to the phone number shown on this letter) no later than 48 hours after tracking shows that you have either received this letter or refused delivery of this letter.  Refusal to accept this letter will not stand as a defence for failing to comply with the demands and timeframes contained herein.

The deadline for our receiving all owed monies from you is Friday 28th December 2018, by close of business. The deadline for our receiving the correct (working) video card in the same condition as it was sent is Thursday 3rd January 2019.

No negotiation will be entertained and no extensions will be granted.

Yours faithfully,

[business name - or your name]❞

Spoiler

(You can always send a copy by email or eBay message once tracking shows that the letter's been either delivered or refused.)

Links in which you might be interested:

Criminal Code Act 1955 (with particular reference to 134.1  Obtaining property by deception)

Sentencing Trends for Obtaining Property by Deception in the Higher Courts of Victoria 2011–12 to 20...

SACStat Higher Courts (you'll note that a very thorough majority of 62.7% of sentencing outcomes were imprisonment

NSW - "Obtain property belonging to another by deception" is the new offence in the amended Crimes Act.

[bee*ut]

Thanks you so much countessalmirena and everyone with your valuable advices. I am greatly appriciated.

I will post the letter as soon as the post office open and also send a copy via ebay message

[padi*0409]

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@bee*ut wrote:

I will post the letter as soon as the post office open and also send a copy via ebay message

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Best to note the statement below from Countess regarding the email.

"You can always send a copy by email or eBay message once tracking shows that the letter's been either delivered or refused."

[davewil1964]

The PO won't be open until Thursday. I would push the countess' suggested dates out a few days, as apart from that, next Tuesday is a public holiday and I'm guessing Monday will be the AP one.

Posted on Thursday won't be received until probably at least Wednesday next week. Plus response time.