ebay refunds buyer even through item shows delivered and signed for!!

[asporty]

Here is what happenned:

- Buyer claims did not receive $200 item, even though tracking shows delivered and signed for.

- I escalate claims and ebay rules in my favour. 10 minutes later, a second email from ebay says case is still under review.

- Next, ebay rules in favour of buyer. I lose $200+postage+ebay selling fees = $250.

- I call ebay, they tell me that buyer signed a statuatary declaration claiming item not received. So essentially tell me to bug off.

- I file case with courier, Fastway, who immediately decline saying tracking shows delivered. So they are done.

- Net result, I still lost $250.

- What hurts the most is that ebay keeps my selling fees.

So you can see how this works. You can take all the precautions in the world as a seller but you WILL still lose out as ebay WILL favour the buyer over you.

[lyndal1838]

Your mistake was to escalate the case to involve ebay.....they always side with the buyer in those cases.

Did you ask the courier for a copy of the signature to prove that the buyer had signed for it before contacting ebay?

[kopenhagen5]

Get a copy of the signature.

Sounds like a case for ACORN and inform the buyer of your actions unless they repay.

But get the name of whom took delivery of the parcel first, if you can.

[pacotrading]

Yes never escalate a case, usually goes the buyers way, no matter what.

[asporty]

the tracking info is public through the fastway's website tracking system. It was signed for by 'Dave', and the buyer claims that no one by the name of Dave is there on the premises.

[digital*ghost · Accepted solution]

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@asporty wrote:

- I call ebay, they tell me that buyer signed a statuatary declaration claiming item not received. So essentially tell me to bug off.

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This is where you contact eBay and say, "So?"

All they have from the buyer is a promise, you have proof. 

And this: If the seller can prove that the item was delivered or was as described, eBay will cover the refund.

https://sellercentre.ebay.com.au/news/money-back-details

[clarry100]

As DG points out ebay's own policy states that if the seller has proof of delivery (which it seems you do) then you are covered by their own seller protection. It certainly makes no mention of anything about a statutury declaration overruling any decision.

So I see no reason you should lose this one.

The only thing that comes to mind is that if you failed to use the address given on the original order details.

So I would be appealing this decision and pointing out their own policy wording to them.

Ask to speak with a supervisor if the CSR doesn't get it.

If they still don't want to listen then calmly inform them that you will be lodging a complaint with the ACCC as they have contravened their own policy here.

Since your tracking status and signature confirm delivery this is really between the recipient and the carrier.

But in order to get your refund you need to be persistent with ebay.

[asporty]

Excellent suggestions. Thanks

The first ebay rep kept telling me to wait and a detailed ebay response will appear in the resolution center and I can appeal then. To date (after one week), if I click on 'details' in resolution center, only a blank page comes up. My apprehension is that ebay does not have any plans to give me any more details, nor a chance to appeal.

I sent ebay an email last night and have yet to receive a response.

I read through ACCC complaint process yesterday and looks like they are pointing people to state tribunals. And not sure if ebay has legal presence in Australia that can be challenged.

[lyndal1838]

Any disputes with ebay are done under NSW law as the ebay offices are in Sydney.

[sarahs_preloved_booksnbits]

It might not be down to the buyer.  I have had courier's deliver to the wrong address - my partner signed for the product - only for us to later realise that it was suposed to be delivered down the road.