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Re: Possible ebay return item lawsuit
 

here is a warning lol do not say anything bout this on the forum. They will suspend you for talking about that warning. I got suspended because I said " hey guys. Back from my vacation", after I was given 30 days for breaking some other bull**** policy. The mods are straight up nazi's on a power trip.

Re: Possible ebay return item lawsuit
 

You might be right

Re: Possible ebay return item lawsuit
 

In my state I can sue in small claims court for that
Maybe you can too, I'm assuming your not a stealther

https://legalbeagle.com/8304658-sue-...ole-stuff.html

Nothing may happen, but some people just need to be nudged a little bit.

Re: Possible ebay return item lawsuit
 

He said it was delivered,just delayed due to customs clearance,
But it is too latem,refund has already been issued.
But MC011 DOES Not deal with INR,he is not suspended just because an item was delivered late.

Re: Possible ebay return item lawsuit
 

He did not steal from you,Ebay goofed ,while the case is being investigated,the bot closed the case and refund the buyer.
The buyer did not steal,he just got a freebie.
In most cases if it is a small amount,Ebay will reimburse you out of its own pocket since it was the bot,but for 7K,it is too much money,they just hope you would just go away.
Instead of going after the buyer,go after Ebay.
see if you can get a higher up Ebay manager and explain there is a flaw in its policy,while case is being reviewed by a human,bot should not be allowed to intervene.

did you post your case on Ebay,without the link to urge others to join class action suit.

Re: Possible ebay return item lawsuit
 

ebay policy is after the case is closed,seller/buyer would have to work out the difference between themselves outside Ebay.
Assuming the buyer used his credit card,Ebay refund him via the same ,meaning it is a credit transaction of the same amount,the result becomes a wash.
if Ebay wants to take back the money,it would have to initiate a new charge of 7K,but what would be the excuse,no merchant can go around charging someone 's cc unless it is for goods and services,and the new charge is neither goods or services?
You see what is going on here,the first charge is for a purchase,the credit is a reversal of the charge,now if Ebay makes another charge,what is the reason?
I think this is the reason Ebay washes its hands and said deal with it yourself?
Is there any one on this forum who is familiar with merchant account ?

Re: Possible ebay return item lawsuit
 

Yes, that is basically how it has come to, except the buyer did lie, he lied about it not working, and took it apart. In this way, ebay, yes, as you said has a bot that closes cases. I spoke with dozens managers, in RECORDED conversations, they lied to me several times, over the phone. The company they outsource to, just does not care. Yes, i posted on the forum, but two reps have already removed any links to have others join the lawsuit. I put a link, they removed it, i put a bit link, they removed it, i put a image with the link, they removed it. Beyond putting message me to explain your story, i am not sure in their forum how to get sellers to join.

Re: Possible ebay return item lawsuit
 

I am not sure how the buyer paid, all i know is through paypal, could have been through credit card, either way, that does not help me. The buyer was refunded through paypal. Paypal already told me, that ebay initiated the refund, because my paypal account is hooked to ebay, as a way to pay fees. Ebay requires, or you do not sell, either a credit card or paypal. Since he paid through paypal, and the case was in the buyers favor, ebay refunded him. Without caring where our item was, 4 states away, that was picked up... No one in the ebay forum has commented other then i should keep calling ebay and telling them they broke their own policy, so far that has not helped....

Re: Possible ebay return item lawsuit
 

of course Ebay rep removed your link urging others to join a lawsuit against Ebay on Ebay site,there are other sites you can post.
whether your item works or not,it becomes a he said,she said situation,no one but the two of you know the truth,but your buyer altered the item,thats violation,whether ebAY or Paypal or cc,he should lose the case.
Just came across an idea last night,instead of a lawsuit which could go on for years,where do you live,is there any newspaper which could help you,newspaper loves a story ,and it is Ebay and a local resident .business losing money.
see if someone can help,tell them, your side of the story,point out Ebay is at fault for giving back the money,ask them to contact Ebay to verify before publishing it in the newspaper?
see what is Ebay's reaction??
I know in the past Ebay has made good with faulty return ,like $1k,it does not hurt to try.

Re: Possible ebay return item lawsuit
 

did you have the $7k sitting in your Paypal account when buyer opens a case?
When a buyer opens a case on Ebay or Paypal,it will immediately withhold that amount from your account,if your account is empty,then it becomes negative and Paypal will ask you to transfer fund to bring it to neutral.
if you do not,then any future payments coming into that account would be used to offset that negative balance.
you can also go to ebay seller forum and search for cases like yours and get their Ebay iD and contact them ,not sure if Ebay rep will read it?They do read private messages.

Re: Possible ebay return item lawsuit
 

Pm me if this goes anywhere, I'll join in for sure

Re: Possible ebay return item lawsuit
 

I guess your in good hands with agent006140 - best of luck

Re: Possible ebay return item lawsuit
 

Of course the guy stole. lol. He took apart the product. Which already means he filed a false money back case. So unless he gives the product or the money back, HE STOLE.

Re: Possible ebay return item lawsuit
 

Well said, i am not sure if i want to take the criminal route JUST yet tho. I am always been for someone to allow second chances in life. However with that said, you are exactly right, he knew he was filing a false money back, he provided proof he took the item apart, like a idiot. The only step taking right now is posting on forums, included ebays right now, to get advice, maybe get other sellers who have the same. Looking to go the class action route if i can, as to make ebay pay for letting this buyer do this. Just reading the BBB, you can see right now, 5000+ complaints, and it looks like they have been doing this to many people for a long time. Only difference between me and most is its not small to hundreds, its thousands. I have the proof, and i will fight. This company makes billions a year, people, common, hard working people sadly rely on the site to support their families, and they steal from them. In so many ways, if it is not the almost 8% fee to this, its beyond ridiculous...

Re: Possible ebay return item lawsuit
 

I filled out the BBB review, awaiting it to be reviewed and posted. Next, after i dictate the 14 conversations i have with a dozen supervisors, managers and their half a dozen lies, i will file a BBB complaint. If only there was a way to be able to contact some of the others who posted BBB reviews. I believe my lawyer would have more then enough to file a class action. I understand privacy tho, so i am trying other routes. Maybe the BBB will allow me to post the link to my story in the review, not sure yet, until its live, i did add it tho. I have been doing from some of the advise here and searching, reading return item stories, and see if i can message them.

Re: Possible ebay return item lawsuit
 

After submitting to the BBB i got this email from them
it states
What happens next?
Once you have confirmed your submission, BBB will forward your review to eBay Inc. to give them the opportunity to comment. BBB may edit your review according to BBB policies to remove personally identifiable information and derogatory statements that are inflammatory, gratuitous or irrelevant. Only the edited versions from both the consumer and the business will appear on the company's BBB profile on our website. Please note that if you have filed a complaint against this business using BBB's complaint services, or if you are not a customer of the business, your review will not be posted.

Please feel free to contact BBB with any questions or concerns.

Thank you.

BBB of Los Angeles and Silicon Valley

Re: Possible ebay return item lawsuit
 

Got a new email from the BBB today, looks like i have to resubmit, i find it very interesting all the reviews for ebay, have ebay blocked out, they say xxx. Is there something going on between ebay and the BBB now. Anyone want to see it, head over to the BBB website.
the email states, so they do not want my link to sellers to tell their story, or, they do not want ebays managers names posted, not sure what they mean by sensitive information.

Your review of eBay Inc. (Ref# 117760) has been evaluated by Better Business Bureau staff. We were unable to accept it for the following reason:

The review contains sensitive information.

If you have any questions or if you feel that this is an error, please feel free to contact us.

Thank you.

BBB of Los Angeles and Silicon Valley

Re: Possible ebay return item lawsuit
 

UPDATE:
The ebay forum post only is getting bigger, over 4000 views, sellers have been signing up, i am still in contact with attorneys as well.
https://community.ebay.com/t5/Sellin...97823#M1522633

so far people are reading on reddit as well.
https://www.reddit.com/r/Ebay/commen...ember_09_2019/

Re: Possible ebay return item lawsuit
 

He did not steal the product,he won the case and got his money back,it is an Ebay snafu which allows the robot to intervene while a human being is looking into the case.
He is not obligated to return the product ,seller would have to arrange to have the item returned.
If allowing an item to sit in his yard and not returning the product by spending $1k on freight is theft,then yes,he stole it,
Seller lists the item on Ebay and agree to comply with Ebay rules,INAD case if the seller loses the case,seller pays return shipping.
You need a lawyer to explain to you what is the definition of theft?/
(lets say this is you who ordered an A/C from a store,it does not work and you called customer service.
They quickly refund your money ,and they never send you a shipping label or instructions on how and where to return the A/C or schedule a pick up from a commercial carrier,what would you do?
Would you pay $100 out of your own pocket to return the item and to what address? or would you just leave it in a corner /basement of the house and see if the company will ever contact you for return>
you got your money back,thats all you care,if they dont want the A/C back,you would eventually trash it or give it away.

Re: Possible ebay return item lawsuit
 

class action lawsuits could drag on for years,and keep the lawyers gainfully employed,some one refer to litigation as going into a sausage making machine,you get the picture.
Come to think of it,if I were Ebay,I would pay for the return shipping,buyer gets his money back and seller gets his machine back.
This is a he said/she said situation,no one but the buyer and seller ,not Ebay nor BBB,or LAWYER know who is telling the truth,know if it is defective or altered,so best it can do is let the seller gets his item back and relist and the buyer gets his money back to buy another piece.
How much would it cost Ebay?$1k/

Re: Possible ebay return item lawsuit
 

Originally Posted by james13v View Post
Of course the guy stole. lol. He took apart the product. Which already means he filed a false money back case. So unless he gives the product or the money back, HE STOLE.
------------------
tearing apart the product he bought is not THEFT.
Not returning the product is not Theft if the venue stated for INAD case,seller pays return shipping .
Seller is not willing to pay $1K to have the item returned to him and buyer is not interested in paying $1k to have the item returned.
I have seen cases when the buyer starts charging storage fee.

Re: Possible ebay return item lawsuit
 

Really?? Storage fees? Really interesting, so say if i know for a fact the buyer owns a business, if i issue a return order, and he does not do, maybe be able to put a lean on his business, interesting tho.....

Re: Possible ebay return item lawsuit
 

In the eBAY auto forum,buyers will buy a car,pays a deposit via Paypal but never bother to arrange pickup ,it just sits in the seller garage or wherever,some sellers do not have spare space to store a car which is sold already.
if the seller is in business of selling cars and he pays to have these cars parked somewhere,he would forfeit the deposit or charge a storage fee.
BTW,paypal deposit is not refundable with auto sales on Ebay.
If I were you,I would ask Ebay to pay for the return shipping so you can have it back fix it and sell it again,instead of waiting for the lawyer to round up enough sellers to wage a class action suit,but then I am not You

Re: Possible ebay return item lawsuit
 

jesus, man lol. Seriously? The guy took apart the item, even tho he admits the machine works. Opening up a case after doing so, is already going against policy and trying to get something you don't deserve. That alone would have constituted theft. Trust me, no court in the country would say " oh, it's ok, the guy gets to keep the item. No harm done".

And do you honestly think the seller didn't contact the guy?

And $1000?? the guy picked up the item HIMSELF! You don't think he can return the item, HIMSELF? You think the buyer was actually waiting on a return label or something? Do you really believe that?

I swear, I have no idea how your posts can be so all over the place. One post, you give good advice. Another, you give advice that has nothing to do with what anyone was talking about. Then another, you post stuff like this. It's quite incredible really.

Re: Possible ebay return item lawsuit
 

Put up or shut up.

Re: Possible ebay return item lawsuit
 

read his post again,the item is 8 feet tall and weigh over 2000 lbs and the buyer sent a shipper with flatbed to haul it away,4 states away!.
yes,buyer tried to use the item and then fIle INAD,while Ebay reps are reviewing the case,Ebay robot went ahead and closed the case since seller did not send buyer a return shipping label.
Ebay is the one to blame,when a case is being reviewed by a rep,it should have an option of stopping the robot from intervening,also the robot should be programmed to stop asking seller to send return shipping label when it is a local pickup?
I repeat ,buyer did not steal the item,just because an item which he did not pay for is sitting somewhere in his backyard or front lawn or factory means he stole the item,seller is free to retrieve the item,if you follows this thread,seller never make an effort to get his item back,he spent most of his time dealing with Ebay and getting nowhere.
BTW,how do you or me know who is telling the truth?
Does the item work as described/
Did buyer really alter the item?
Did any of us see and examine the item before and after?
this is why a sales venue like Ebay decides -return the item,so seller can resell and buyer can use the money to buy elsewhere?

Re: Possible ebay return item lawsuit
 

as for slapping a lien on his business,you need to speak to a lawyer.
There is a no contract signed by both parties,there is an Ebay auction listing,a Paypal payment notice and a refund by Ebay.
Instead of arguing back and forth whether it is theft,send a policeman with a warrant to seize the machine and see what happens?
then we are back with this question-who is going to pay for shipping the machine back 4 states away?

Re: Possible ebay return item lawsuit
 

buyer had over two weeks to return the item. Again, I ask, do you believe the buyer was waiting for a shipping label??? Buyer didn't return the item, given a lot of time to do so. HE STOLE IT. Buyer paid for it, opened a return, and did not return it. It's clearly a buyers remorse case, so you can't possibly believe the seller is responsible for getting the item back. That is the buyers responsibility.

And we don't know who is telling the truth, so we can only go based on what is being said here, not what you are making up in your own head.

Re: Possible ebay return item lawsuit
 

just remember,both buyers and sellers are waiting for Ebay God to decide,by opening a case on Ebay ,and seller escalated to get Ebay involved,they both expect Ebay to decide,and Ebay did-it refunded buyer his money without asking him to return a damn thing.
get that in your xxxx head.
where did you read buyer should return the item,he won the INAD case,if I recall your past posts,you sell on EBay,you must have your fair share of INAD and know better

Re: Possible ebay return item lawsuit
 

This is an INAD case,in black and white,not a buyer remorse case.
If the buyer has altered the item,it does not turn into buyer remorse case,it means he forfeits his buyer protection and should lose the INAD case.
But in this case,Ebay goofs.
He got his money back so he is done with the dispute,is he obliged to return the item,NO,not when it would cost him $1k to do so.
Worse,he could dispose the item,have someone haul it away as trash or sell it as scrap metal.
Slapping a lien,you need to prove he owes you ,if you painted his house,and did not pay,you could slap a lien on his house as there is a contract both have signed,but in this case there is no contract,unless you call the ebay auction listing a contract?
and he did pay,and Ebay refunded him,then seller could drag out his EBAY contract and find out where does it say Ebay could act on his behalf and refund the buyer?

Re: Possible ebay return item lawsuit
 

This subject is generally pointless. I don't know like in the USA, but in Poland if somebody robs you from money and from goods you are going to the court. The matter is very simple and you are winning a case on the 100%. It can last for fields of the year, a year can, but every dollar will be recovered. Probably therefore people don't want to join the collective lawsuit in because individually are going with such a matter to the court and are certainly winning such case. And of course this principle is always, money for expensive objects only and exclusively to the hand, never by intermediaries of such thieves as (Ebay, Paypal). These services are the fourth power. The, implementation, judicial legislative branch is and EBAY-PAYPAL

ps.
In Poland such a theft would be unlikely, improbable since the robbed person would probably go to the purchaser along with acquaintances and with the stick to basseball and would simply beat up the purchaser which would think the matter over. But it is in the USA differently, generally people very much are afraid of a violence, but how I sometimes say the violence he is an only solution, if people know that they can be beaten up don't want simply to steal it.

Very simple rule - the Purchaser must feel fear.

The second matter in the USA of 7000 dollars it is only one and a half month of the work. Generally speaking it isn't much of money for the American citizen, perhaps therefore people aren't returning the greater attention for the theft.

You were simply very stupid that you used Paypal to the payment, but now you are already very cleverer. This enlarged wisdom at the moment costs you 7000 dollars, but in the future you will save 7000 dollars. In my opinion you don't have an exit, you are going to the court. Of course it is much work and of money for the lawyer and the like In Poland you don't need the lawyer you can alone gather materials and send to the court which is hearing the case.

If the purchaser didn't like to pay money back would have to prove before the court that goods were spoiled and it is impossible to prove. If somebody is seizing goods personally namely that goods at the moment were in the 100% efficient. Of course some latent defect could be, but the purchaser would have to of course give goods back.

Unfortunately I must one more time repeat what at one time I wrote. People in the USA will depend on solutions of the system, are heading wiped with the path a system proposes which. In Europe people at once are going with such matters to the court or alone they are solving a problem are simply taking the matter into own hands.

Therefore people in Europe often mock people in America but people in America are mocking Europeans :] For me it is funny that somebody who lost 7000 dollars isn't going to the court, comical approach towards the matter :]

Re: Possible ebay return item lawsuit
 

From all the horror stories I've heard about selling very expensive things over ebay, I would recommend not to sell expensive things on ebay (unless you have deep pockets and can take big losses). That's a lot of money and knowing how ebay can be at times, sellers are really at risk of being SOL.

If the buyer was even willing to come pick it up (meaning, they are in close proximity to you), even though it's against ebay TOS, I would have tried to do an offsite transaction, just directly between you and the buyer since you already have their phone number.

Re: Possible ebay return item lawsuit
 

many sellers selling high ticket bulky items on Ebay such as boats,rigs,trucks,commercial kitchen equipments,motor homes,ice making machines etc as EBAY allows them to reach potential buyers outside the local market.
But it comes with a price-Ebay has 30 days money back guarantee for the buyer,if seller is at fault,then he has to accept return,not only does he have to pay for return shipping,he would also lose money by refunding the original shipping $$ and accepting electronic payments expose the seller to chargebacks .
Dont sell anything you cant afford to lose should be posted on every Ebay seller's desk!

Re: Possible ebay return item lawsuit
 

I had a buyer scam me for about $300 on PayPal. I saw him post the item on Craigslist to sell it.

I paid a lawyer $100 to file a $1300 lien on his house. It's very simple paperwork. I don't know when he will find out, it's been over a year.

But i feel very safe when i sell to someone and i know where they live.

You can make business very expensive for the fraudster, while demanding ever larger payment for the collection services.