Seller Wants To Sue Me because I filed an illegitimate claim

[hooray]

Ok here's what happened... I purchased a vintage designer purse from this seller. Weeks later, after I've ready received the bag, I got an email from eBay:

MC015 Important Message from eBay Loss Prevention Department



Dear XXXXXXXXXXX,

We're writing to let you know that the listing for the following item you bid on has been removed:

18XXXXXXXXX - Authentic Vintage XXXXXXXXXXXXXXXXXXXX

We strongly recommend that you do not complete this purchase. Purchases of items listed on eBay but then completed outside of eBay are extremely risky. They are not covered by eBay buyer protection programs and are highly susceptible to fraud.

For more information on offers to buy or sell outside of eBay, please go to:

Offers to Buy or Sell Outside of eBay

***If You Have Already Paid***
If you have already paid for this item but have not received it, you should act quickly to get your money back.

- Contact your bank to stop payment if you paid by check.

- Contact your credit card company if you paid by credit card.

- If you paid by Western Union or MoneyGram, contact the company directly (Western Union 800-325-6000 or MoneyGram 800-926-9400).

- If you paid with PayPal, you may be eligible for up to $2,000 USD coverage at no cost.

1. Log in to your PayPal account.
2. Click the "Resolution Center" tab at the top of the page.
3. Click the "Report a Problem" link.
4. Select "Item Dispute" and click continue. Follow the directions to open a dispute and escalate to a claim.

PayPal claims must be filed within 45 days of the close of the listing. It can take 30 days or more to complete the investigation and resolve the dispute.

Our goal is to keep eBay safe so you can buy confidently. It's rare that something goes wrong with a transaction on eBay. Whenever these events do occur, we try to help as much as possible to resolve the issue.

This is an Automated Response, so please don't reply to this message. If you still have questions, please click the "Contact Us" link at the left of the eBay Help pages.

Thank you for your understanding.

Sincerely,

eBay Trust & Safety

So I thought ok, maybe the bag is ⊗⊗⊗⊗. So I filed a claim through PayPal as instructed by eBay. The seller was incredibly rude and accuses that I was trying to pull a scam. So I emailed him/her back:

HEY I'M JUST FILING A CLAIM AS INSTRUCTED BY EBAY! YES I'VE RECEIVED THE ITEM BUT IS IT A ⊗⊗⊗⊗??? IS THAT WHY EBAY ENDED YOUR LISTING AND IS TELLING ME TO FILL A CLAIM??? WHY DON'T YOU CALL THEM AND ASK! SEE FORWARDED MESSAGE:

And this is what he/she replied:

Your the fraud! My Ebay account was hijacked and compromised that is why my account was suspended and you received notice, which has nothing to do with your bag. The bag is a genuine vintage Farragamo bag, if it were a ⊗⊗⊗⊗ you would have mentioned this in your initial claim. Be ready to face my wrath when I pursue any and all legal remedies to the full extent including a mail fraud claim and small claims judgment for $7000 the California maximum. Please be advised all previous and future correspondence will be used as evidence against you. You should be ashamed, you are a dishonest and pathetic crook!

What should I do guys, any suggestion? Should I just ignore him/her? Or should I call eBay and try to get to the bottom of this?

Thanks in advance.

[jscan]

your kinda in the wrong, i mean you filed a claim kinda not knowing what you wanted.

If you want a refund because you think the bag is ⊗⊗⊗⊗ then you should have just talked to the buyer first about it, sent them a nice message( not in caps lock ) to see how they react, then if they refuse take it to paypal.

the seller thinks your one of those paypal scammers that receives there items and files a paypal dispute to get there money back while they keep the item.

if your going to file a claim to get a refund then just make sure you send the bag back via postage with a tracking number so you can prove that you returned it, then the buyer wont be able to sue you, not that they probably would anyway, its just a scare tactic.

[hooray]

Thanks for the respond jscan.

The seller's been a pain since day one though. During the initial transaction period, she ignored FEW of my eBay messages and claims that she never received them. Oh and by the way, she CAP'ed me first, that was actually a respond to her ALL CAP email. I mean I'd be nice if she was willing communicate with me POLITELY. I don't actually want a refund if the bag's real. I simply thought I was doing what eBay was telling me to do (obviously not too familiar with eBay/PayPal). I guess I'll just ignore her. But what's interesting is that, she never mention anything about her account being hacked the first time she responded to the claim... whatever, I'm not gonna waste anymore of my time on her.

[GreenBean]

hooray, your main problem is that you thought incorrectly.
You thought you were being told that you could file with paypal for a claim. That email says may be eligible for coverage up to $2000 not file a claim now.
Did you think to check with ebay about this?
Did you think to email the seller about this? Even taking into account you had problems during the period after the sale.

As it stands, you have the bag, you may get a refund from paypal and you are upset because the seller used caps in correspondence? What is
the seller meant to do? You have misunderstood ebay yet you are not prepared
to rectify a problem between you both? My advice would be to attempt to
resolve this.... quickly.

[2eXclusiive]

find out if the bag is a knock off or authentic, thats what it all comes down to
if its a knock off, TAKE HIM DOWN, he has nothing against you, you didnt do anything and you will win
BUT
if its authentic your in the wrong, you should take the claim down immediately.

[Sammi007]

Hay there...

If you received an e-mail from eBay saying that the item was removed....It can be one of two things...

The bag is a ⊗⊗⊗⊗, or the bag is original but eBay/Vero made a mistake.

In any case, you have paid for the item and now received it so if you want to keep the bag, end the claim now or else you may be refunded and you have the bag in your procession, which is theft.

I should also add that the seller is basically trying to scare you into closing the claim (they can't sue you for nothing and they know that), because once the claim is closed, you can't reopen it again, it's against PayPal policy.

If you think that the bag is ⊗⊗⊗⊗, then file a "Item Not Significantly Described" dispute in PayPal, and write down in the dispute that you think or you know the item is ⊗⊗⊗⊗. Then turn the dispute into a claim, if you want a refund, then the seller can choose the option that they will provide you with a full refund once the item has been returned and received.

Send it back with a tracking number, so you have proof that the seller received it, and then you can go ahead and get a refund...but don't do this unless you know 100% that the bag is not original...

....If you like the bag, keep it...

[ebayhateluv]

HI:
Sounds like the guy maybe a member here?
i.e. My acct was hi-jacked, thats why i was suspended,, (Thats my line..)..
Anyhow- I'd close out the pp claim, and drop it if i were u...

[jscan]

Originally Posted by hooray

Thanks for the respond jscan.

The seller's been a pain since day one though. During the initial transaction period, she ignored FEW of my eBay messages and claims that she never received them. Oh and by the way, she CAP'ed me first, that was actually a respond to her ALL CAP email. I mean I'd be nice if she was willing communicate with me POLITELY. I don't actually want a refund if the bag's real. I simply thought I was doing what eBay was telling me to do (obviously not too familiar with eBay/PayPal). I guess I'll just ignore her. But what's interesting is that, she never mention anything about her account being hacked the first time she responded to the claim... whatever, I'm not gonna waste anymore of my time on her.

i can understand your situation, theres alot of nuts out there, but they all seem to be on ebay. goodluck with it all, let us know how it turns out

[zymo]

The original ebay email was a generic one that ebay sends to all recent buyers when they suspend an seller account. I sell lots of items under 20.00 and for the last month or so, whenever they suspend my account they send the identical email to buyers in recently closed auctions. It is just a way for ebay to "get back" at sellers when they get suspended. If a seller gets suspended for anything, perhaps he was late with his fees, then ebay does the same thing. Chances are it had nothing to do with the item you purchased.

[becca073]

As mentioned that message is generic and is also sent when an item is removed for any of the eBay "offenses" such as the feedback manipulation, excessive shipping & handling, etc. It does not mean it was removed because it was reported to Vero. Could be the reason but there are so many others too. Also when a seller is suspended as mentioned that message goes out. I know cause I had my account back in March suspended for "feedback manipulation" and ALL my listings were pulled. Everything I ever sold. And I wasn't selling for feedback, I was buying. So I agree, cancel the PayPal dispute and be done with it.

[imjustme]

Put yourself in his shoes. You sell someone an item, he gets it and is happy with it. Weeks later, eBay sends him a message and he files a claim against you wanting his money back.

How would you react? He's got your bag and wants the money back, too.

[2eXclusiive]

there are mixed opinions on this topic, so at the end of the day its your call, you have to decide what you need to do, ebay didnt tell you to file a claim, you file a claim only if you were unhappy and something went wrong and you seem to be happy, so take everything to mind, goodluck with your decision.

[hooray]

Thanks for the replies...
I canceled the claim I realize it was my own misunderstanding. But I still believe she could've handled it differently. Sending me an email explanation could've prevented it.... sellers shouldn't expect all buyers to know ebay rules as well as they do... (haha that's my own excuse...)

[GreenBean]

hooray, that is not an excuse to say I did not know.. Live well with the fact that you canceled the claim now and move on.

[2eXclusiive]

i would have done the same thing, but some people are kind and nice and attend to your every need and some people are just stuck up ----> its life, what can you do but to accept it and move on...