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  #1 (permalink)  
Old 06-18-2009, 10:15 PM
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Default New Item Significantly Not as Described Dispute

I received an email tonight from PayPal stating that I had a "New Significantly Not as Described Dispute."

The item in question was a spare part, for a powerboat. It was sold on eBay, and furthermore, the item was sold in as-is condition, as part of a final sale.

I spoke with the buyer today by phone and he expressed dissatisfaction regarding saltwater corrosion on the drive. I politely explained that I had clearly stated that the drive had evidence of corrosion and would make a perfect spare, parts donor unit or hold me over in the original listing, and I emailed him exactly what was in the description. Additionally, there were seven hi-resolution photos that clearly showed the condition of the item.

How do I win this dispute? According to PayPal, when I had a similar situation a couple of weeks back, I don't stand an ice cube's chance in hell of winning it, and I should just agree to have the buyer return the item and refund him. The kicker in all of this is that the item was sold for $860.99 and the shipping was charged at a flat rate of $425.00, even though I just found out tonight that the freight company is billing me $571.38!

I do not want to eat this nearly $1,300.00 transaction when I clearly stated the item's condition and the terms of the sale in the original listing. On top of everything, two of my DSR's are below the requirement, shipping time and shipping charges, at 3.4 and 3.9 respectively.

I guess my question is : 1.) How can I win this dispute?

Please HELP!

Last edited by HSL1048; 06-18-2009 at 10:30 PM.
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  #2 (permalink)  
Old 06-18-2009, 10:25 PM
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First, remove all the listing stuff from this post so Paypal/eBay don't know who you are. To win the dispute, just paste that into the dispute window. Explain that you clearly stated the item as a parts/salvage item being sold as is. You have to be flamboyant to win disputes. Call him out on every claim. Try to be as professional as possible and dont be afraid to call him a lair. But you never know with Paypal. If Paypal decides with him, he will have to pay the $571 shipping bill to send it back. Just hope he looks at the shipping bill and goes away or forgets to put tracking. If he is scamming you, he might just send back and empty package with tracking.

Last edited by JohnnyBoy; 06-18-2009 at 10:28 PM.
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Old 06-18-2009, 10:38 PM
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Ok, I removed all personally identifiable information, even though I don't think they would have found it. Maybe I'm just that naive.

Anyway - like I said, PayPal basically explained to me in the last NSAD dispute that I had no recourse and that they would always side with the buyer. In the last dispute, the buyer's mechanic accepted delivery of the item, signed an as-is delivery receipt on behalf of the buyer, installed the item for the buyer, who then used it for 12 days, and then claimed it miraculously had a gigantic crack that was "painted over to hide the damage."

How can I sell something to someone, and then after it has been out of my possession for weeks, during which time who knows what happened to it, be expected to issue a full refund with no recourse?

If you walk into your local mechanic, whether automotive, marine or aerospace, used parts are purchased without warranty, and returns and refunds are not offered. Essentially, as I said previously, all items are being sold in used, as-is condition, as part of a final sale.

Still mad.
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Old 06-18-2009, 10:40 PM
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Getting more mad sitting here . . .

What if the guy opened the outdrive and poured acid through it, just to get back at me? Now I have an unsaleable item and I'm out the purchase price AND the shipping charges because of PayPal. Where's my recourse?!?!?

As I said, STILL MAD!
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Old 06-19-2009, 02:49 PM
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offer a refund of "x" amount so you don't loose everything. or just hope that paypal sees that is it was an "as-is" auction.
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"The eBay fees I owe will blow your mind!"
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Old 06-19-2009, 02:55 PM
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Do you have good feedbacks on the same item sold? that might help too
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Old 06-19-2009, 03:07 PM
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It doesn't get much plainer than that, does it?

Quote:
Originally Posted by HSL1048 View Post
PayPal basically explained to me in the last NSAD dispute that I had no recourse and that they would always side with the buyer.
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Old 06-19-2009, 07:00 PM
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Oddly enough, I responded to the dispute this morning, copying and pasting the info directly from the auction listing.

Then, I said "what the hell, I'll draw first blood" and escalated it to claim. In the escalation page, I included the link to the original auction and all of the pertinent copied and pasted info that I entered into the dispute comments on the previous page.

To my absolute and utter amazement, simultaneously with clicking submit, I received an email from PayPal thanking me for escalating the claim, and informing me that they had found in my favor and closed the claim! So I sat there and said to myself, "Wow, maybe PayPal isn't so bad after all!"

Boy was I wrong.

I received an email tonight from them, copied below:
We have received several complaints regarding your PayPal Account for
non-delivery and/or not as described products that have been paid for
through our service.

During our review of accounts that receive complaints, we measure the
complaints received in relation to the volume of sales. The "complaint
rate" determines whether your account will remain in good standing. The
ideal complaint rate is less than 2%. To remain in good standing, all
members must maintain a complaint rate of less than 3%.

At this time, your complaint rate is 47.21%. Our goal is to help you
understand our policies to ensure successful experiences with PayPal.
Therefore, we respectfully request that you resolve all outstanding
complaints and refrain from any activities that may cause an increase in
your complaint rate. Accounts with an excessive complaint rate may be
limited, and/or risk possible closure.

We would like to take this opportunity to invite you to review our site
policy governing a seller's obligation when receiving funds for payment
of goods or services. The policy can be found by clicking the "Legal
Agreement" link on any PayPal webpage and click "User Agreement."

We appreciate your business, and the efforts you take to reduce your
complaint rate.

Sincerely,
PayPal Account Review Department
PayPal, an eBay Company
How is this possible? I have had maybe 50 transactions over a 10 month period, and at best maybe 6 disputes, all of which were amicably and successfully resolved. Furthermore, to acheive a 47.21% complaint rate, I'd have to have had 24 disputes. Is the complaint rate a monthly average? Because three of the six came in between this week and last.

I hate eBay. I hate PayPal. I need an alternative, but cannot find one.
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Old 06-19-2009, 10:53 PM
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Paypal does NOT always side with the buyer. I will tell you exactly how to get your money back.

HSL1048 Check your pm like NOW before you make any more mistakes.
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Old 06-20-2009, 03:50 PM
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Odds are the buyer is retard. I developed a plan to deal with these idiots on freight purchases just like this.

First of all...

1.) Always stay calm..do as much communication via phone with them as soon as they file the claim.

2.) Act like loosing out on the transaction does not matter at all you just want to make sure they (the buyer is happy) and will help them out to where they are not out 1 cent.

3.) Tell them to send the item back but to give you 3-4 days or so... cause you are finishing up moving. ( I put in a lot of my adds we are selling the item cause we are moving just to use this trick as a backup, but were not really moving).

4.) Find a trucking company that is just outside your state line and close to you. Get their number and address. Give this to the buyer tell them this is your return address and you will just pick-up at the dock.

5.) They won't care about cost of shipping cause you tell them you will cover all shipping cost so they will go with whatever company you suggest...(must make sure they have the same shipping company near them as well.)

6.) Let the retard ship it out to that out of state but close to you truck dock.

7.) Tell him once it arrives you will give him a full refund plus shipping charges back make sure this is said over the phone not in writing. If he has a problem with this just remind him paypal will want him to pay for shipping back if he wants paypal to handle the dispute.

8.) Once the item is delivered....disappear via phone. Let him escalate the claim if its not already a full claim. Let him put the tracking number in that shows an out of state shipment to a name other than the paypal name you registered with. Call paypal about 1-2 days after he submits this tracking info and tell them the guy is obviously trying to scam you and you never got anything or talked to him via phone.

9.) You will get a neg on ebay but odds are you were going to get at least a neutral so try to file a non-paying bidder complaint if he leaves a neg but make sure is right before the cut off time and hope they don't check their ebay email that much.

I hate that there is not a better real way to deal with these type of people who are just an ignorant form of scammers but you have to do what you have to do. I bet the next time they deal with a seller on ebay they won't even bother trying a dispute on large items just like this.

If any of the mods on here feel this post was out of line please remove it and email regarding it.
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Old 06-20-2009, 05:32 PM
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Quote:
Originally Posted by sowhat View Post
Paypal does NOT always side with the buyer. I will tell you exactly how to get your money back.

HSL1048 Check your pm like NOW before you make any more mistakes.

sowhat,
can you also pm me.....i have a similar situation, (different product of course)
thanks
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Old 04-28-2010, 08:03 AM
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Sorry to drag up an old thread, but desperately need help, related to these same circumstances.

Can anyone tell me what steps I can take as a seller to win a dispute/claim? Ive got a buyer with buyers remorse who just doesnt like the product, and not much I can do but lose the claim, after Ive already paid hefty shipping costs.

Any tips to swing it in the sellers favour?
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Old 04-28-2010, 08:19 AM
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just talked with buyer and post the message on paypal dispute and say that you are agree with refund but the buyer have to pay all the shipping cost as you have description it very clearly. That is all,if the buyer is not agree with your solution,and want full refund,i do not think he will win. As it is not your fault.
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Old 05-01-2010, 01:42 AM
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Quote:
Originally Posted by HSL1048 View Post
I hate eBay. I hate PayPal. I need an alternative, but cannot find one.
Nicely said.
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