Buyer Got Refund and Kept Iphone

Zero123 · #1 01-29-2014

This is very frustrating.

A buyer bought an item and 2 days after it arrived at his door complained it did not work. He said it was very badly scratched and would not charge and was a piece of junk. I respond telling him it must have been damaged in shipping and to please send it back. 10 more days go by until I finally hear from him again and he again says it is broken and he has been using it since I sent it out (but he said it was broken right when he received it?)

When I sent it out of course none of this was true, it worked perfect and was in excellent condition. I asked him to please send images of the phone so I can access and make sure there is not more scratching than when I sent it out.

He ignores the part about the images and says he is "returning it, don't sell things broken, etc. etc."

I tell him ok, taking his word and planning to either file and insurance claim if it is physically damaged or give him a partial refund if it seems like something he did.

He never responds to that and it had been about a week with nothing from him, I figured he changed his mind and was not going to try to scam me. He ended up escalating the A-Z case and calling in to amazon and getting a 100% refund, never having to show a picture (at least to me), or having to return the item. I have messaged the buyer 3 times now but of course have not received a response. He plans on keeping the phone and the money, no surprise.

Overall I lost $300.

I bought shipping insurance when I sent it, I also have pictures of the phone right before I sent it out. Is there any legal action I can take to regain my $300? I have proof in the form of pictures that the phone was not physically damaged when I sent it, meaning it was either USPS (which in that case I have insurance for) or the professional buyer.

What can I do here?

kittyamnezia · #2 01-29-2014

Aw man that sucks! Sorry I can't help :( one of the guys on here might have some advice though hopefully!

BigCJ · #3 01-29-2014

Id file a police report and show it to Amazon.

That is theft and shouldnt be taken lightly.

Also, I would try to contact Apple, give them the serial number, then brick the phone.

I know they have that option here in NYC. Not sure of how much it costs though.

Let the buyer know your intentions.

Wait for others to chime in.

MM78 · #4 01-29-2014

Quote:

Originally Posted by cjmixers

Id file a police report and show it to Amazon. That is theft and shouldnt be taken lightly.

Agree.

Quote:

Also, I would try to contact Apple, give them the serial number, then brick the phone.

Agree.

kockedoff · #5 01-29-2014

If it was shipped thought usps, email him and tell him you have contacted usps and they are assigning their inspector to investigate damages... And they will be coming to his address and ask him to cooperate ...also do file usps claim as well.. They will contact him ...this might put soon pressure on him...

Or just make a legit looking letter pretending to be from a lawyer and send it to him registered mail, saying that you have hired a law firm to sue him and lawyer wants to see if he can settle without going to court...

JamesNorth101 · #6 01-29-2014

CJ's advise is spot on.

I would follow that all the way.

MICKY H · #7 01-29-2014

Have you actually spoken to amazon?

zoneout · #8 01-30-2014

Unfortunately cell phones are highly targeted by scammers. I see most horror stories in this category. If it is not jail broken you might be able to report it stolen with the carrier and get the meid disabled.

hulkman · #9 01-31-2014

It seems like the people that work there and handle these things have ZERO common sense or regard.

I would definitely try and appeal the case and send them the pictures. If you had the pictures you should have sent them to Amazon when you reported your side of things.

Last week a buyer filed a claim against me saying an item he bought 2 months ago was never received, although it clearly says delivered. No proof, nothing made sense about the story. Buyer was saying "expedia" (travel site) opened the case and etc..

Surprisingly, Amazon decided to refund the buyer at their own expense since "it wasn't my fault". Although I still get hit with a claim in my metrics.

Gamefreak · #10 01-31-2014

I think you made a mistake, first thing you should have done was told him you are filing a claim with USPS knowing you insured the phone. let them know that USPS will be in contact with them regarding said damages, and let them know that fails reports is a felony. You had nothing to lose and everything to gain as that usually scares off scammers

Lolitax · #11 01-31-2014

You should contact Amazon, and show them your proof it wasn't broken. If the buyer has been refunded he should have to return the phone. Also contact USPS and file a claim. Then contact the police. Get all your reports together and send them to the buyer and see would they like to proceed with the scam they are trying to clearly pull.

IronManWU · #12 01-31-2014

Happens to the best of us. I got scammed like that for a few $150 items a year or so ago. Thats why I try not to sell expensive items, especially in demand electronics, on AMZ or ebay. In this case though the guys above are right....file a police report. Too much profit gone to waste not to pursue it.

zoneout · #13 02-01-2014

This horse has left the barn. No way he can be forced to return it once he's been refunded.

Zero123 · #14 02-04-2014

So I contacted amazon and am waiting to hear back. I finally found the receipt, I had thought I lost the insurance slip, luckily I found it.

Is there a certain way I should word the insurance claim?

If I were to write something like "Buyer claims it was physically damaged (attach photos I took of phone before it went out) significantly more than the attached photos and got a 100% refund on selling platform. Claims this happened before he received it. Buyer is uncommunicative and will not respond to emails or messages, because of this I am unable to send photos of the damaged phone as the buyer still has it in his possession"

Will USPS send an agent out to the buyers house the asses damage in any case?

Also, should I word it more bleakly and leave out the details of me never seeing the supposedly damaged phone.

This is $300 on the line so getting that back is really important.

BigCJ · #15 02-04-2014

file the police report as well as the claim. Let the post office KNOW that you are taking this seriously and this is fraud. Bring a copy of your police report to your local PO and the clerk should assign you a case number. (They may tell you to call the 1800 number, not too sure how your state works)

Also, give the police report and step by step notices to the buyer as well as Amazon. you need to make it look as if you are trying to get in touch with all parties.

Amazon may just give you the funds back in order to keep this out of law enforcements hair.

JRaynor101 · #16 02-04-2014

I'd mail your buyer a copy of the police report, too, making sure to inform him/her that the address has been given to the appropriate authorities.

Report the phone as stolen, make sure and get it bricked.

Zero123 · #17 02-04-2014

I don't have the serial number on the phone, unless I can somehow get it from this low quality photo

TonyAlmeida · #18 02-04-2014

Quote:

Originally Posted by Zero123

I don't have the serial number on the phone, unless I can somehow get it from this low quality photo

The serial can be read in the phone menu only

JRaynor101 · #19 02-05-2014

Quote:

Originally Posted by TonyAlmeida

The serial can be read in the phone menu only

Yea, this. Phone menu, box, sometimes the carrier's contract. Where did you get the phone yourself? If it was your ex-contract phone, you might be able to report it to them as stolen as they'll keep the record of it.

kockedoff · #20 02-05-2014

If you got it from apple, pull your invoice it's on there

itemauctions · #21 02-05-2014

That totally sucks dude, theres a lot of scammers out there.

Zero123 · #22 02-05-2014

Going to be sending a letter to the buyer tomorrow warning him about the police report coming if he does not return the phone. Also attached is going to be a copy of the insurance claim.

Already sent an e-mail with the warning 24 hours ago with no response.

In the email I said it would come from my lawyer... I am going to just write up a professional style letter and claim it is from my (nonexistent) lawyer. Or would I be best off just claiming the letter is from me? Any advice here...