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suited

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What is to prevent a buyer of let's say a Kiton suit, turning around and saying I sent them a bag of rags, filing a SNAD claim, getting a refund, mailing me back a box of rags and keeping my Kiton suit? As I understand it, shipping insurance will cover loss or damage, but not transplanted contents. Short of actually filming the packaging AND physical shipping of the item (which even then probably wouldn't be enough for ebay), how can one as a seller defend against this most sinister scam?
For the record, I have recently been the victim of this twice in the past month, on top of 3 non-paying bidders. I don't sell anymore like I used to, but it appears ebay has really devolved into the wild west. What can be done?
BTW, if the answer is there is nothing that can be done, and that it's just part of the risk of selling on ebay, then as far as I'm concerned it's open season and why wouldn't anyone just go on a free shopping spree? Does ebay have a limit to how many SNAD claims a buyer can make before they catch on?


I think it would depend on the seller and buyer. For example, the seller has a nice setup that they have clearly invested time and money into - male/female forms, lights, good photos, etc. Now look at their history, they're selling items on a regular basis. Why would they risk a continual stream of income by shipping someone a box of rags? It makes no sense, unless the payoff was astronomical (i.e., you created this business for the sole purpose of eventually selling a $50,000 item and then bailing). That would be my argument.
 
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DanM

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Just to be clear, let me give you the main examples I'm dealing with. If nothing else there might be lessons here that everyone can draw from.
I sold a 3rd Gen iPad, used about 2 months. Mint condition in every respect. Buyer receives it and says it's 2nd Gen which is total bullshit. She's now threatening to file a claim and I fear she will send me back what I assume is her old 2nd Gen iPad, keeping the near new 3rd Gen I just sent her, and getting her money back. I worry Ebay will side totally with the buyer without question, because short of having filmed the process, which seems totally ridiculous to me and incredibly onerous, I can't prove what I sent her. So buyer will get a free upgrade. From what you guys are saying, It seems when it's he said she said, the buyer will always prevail.
The other buyer basically opened the box to remove the items (a mixed lot) that he wanted (and the most valuable), leaving the rest, and saying the box was damaged and contents lost during shipment (I very stupidly did not purchase insurance this time). This dude is totally sketchy. He's registered in China but claims he lives in Canada, and the package was in the hands of a "forwarding company" before USPS noted it as delivered through their delivery confirmation, so he or at least someone under his direction had access to the package before it was noted as delivered (I printed the USPS status page at the time to show this). I'm still fighting this one, but the best thing I have going for me is that the buyer, in an early email, specified precisely how he wanted me to package the items as he wasn't interested in most of them and wanted the desirable items to be packaged in the center of the package to be protected by the less desirable items "should something happen." So if the package was damaged in transit as he claimed, there's a good chance that the more desirable items will still be there, or at least mostly. If all the items that he wanted are exactly the ones missing from the package then it's highly suspect. In addition, even though he claims he uses a "forwarding company", the address he gave me is not a business address. He has 100% positive feedback, and I had no reason to worry. I'm going to fight it all the way. Any other ideas?


Were you the original owner of the 3rd gen iPad? Did you register it with apple and still have the serial? If so, and you get back her old crappy iPad, I would report yours stolen and forward all of the info to local authorities.
 
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83glt

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Were you the original owner of the 3rd gen iPad? Did you register it with apple and still have the serial? If so, and you get back her old crappy iPad, I would report yours stolen and forward all of the info to local authorities.


Absolutely the original owner. We used the serial number in the listing and entered it into ebay's listing template to bring up all of the boilerplate info on the specifications. I think reporting it to authorities might be a recourse. I have her address after all. I was also thinking about civil legal action, but it would be limited to small claims. Maybe Judge Judy will take the case?
 

Steve Smith

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. He has 100% positive feedback, and I had no reason to worry. I'm going to fight it all the way. Any other ideas?


Is it possible for a buyer with feedback to have anything other than 100% positive?
 

83glt

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Is it possible for a buyer with feedback to have anything other than 100% positive?


I guess that shows how long I've been on ebay. I remember the days when a seller could leave negative feedback for a buyer. Also, sometimes, in EXTREME cases, and where I feel it's warranted, I will leave positive feedback with negative comments, hoping to put a warning out to other sellers for a little while at least until that particular feedback gets bumped down the page. I've done it a couple times over the last few years, usually where the buyer dicks me around with payment.
 

Dolfan954

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Absolutely the original owner. We used the serial number in the listing and entered it into ebay's listing template to bring up all of the boilerplate info on the specifications. I think reporting it to authorities might be a recourse. I have her address after all. I was also thinking about civil legal action, but it would be limited to small claims. Maybe Judge Judy will take the case?

Civil remedy is nice in theory, but for such an inexpensive item, a very costly one to enforce. You would likely have to go to her place of residence to follow suit for jurisdiction ($$), pay to have her served process (more $$) and then pay the court filing fees (yet again, more $$). Finally, once you obtain judgment you will have to enforce it in some manner (more time and probably more $$).

I think filing the criminal action can actually get your property back to you faster, assuming the authorities where she lives are worth a darn. The threat alone of the patrol to the house may change things drastically as compared to some process server.
 

GothamRed

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Civil remedy is nice in theory, but for such an inexpensive item, a very costly one to enforce. You would likely have to go to her place of residence to follow suit for jurisdiction ($$), pay to have her served process (more $$) and then pay the court filing fees (yet again, more $$). Finally, once you obtain judgment you will have to enforce it in some manner (more time and probably more $$).

I think filing the criminal action can actually get your property back to you faster, assuming the authorities where she lives are worth a darn. The threat alone of the patrol to the house may change things drastically as compared to some process server.

Plus, you'd have to personally appear for any procedures (most jurisdictions don't allow for attorneys to represent small claims litigants) so figure travel costs into the mix (if you could have an attorney rep you, that would obviously be a cost issue). The criminal complaint is a mixed bag and depends on the local authorities, which in my experience not likely to take any action.
 
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gyasih

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I guess that shows how long I've been on ebay. I remember the days when a seller could leave negative feedback for a buyer. Also, sometimes, in EXTREME cases, and where I feel it's warranted, I will leave positive feedback with negative comments, hoping to put a warning out to other sellers for a little while at least until that particular feedback gets bumped down the page. I've done it a couple times over the last few years, usually where the buyer dicks me around with payment.


+1

83glt, hopefully you have find my phone on your old iPad, maybe that would be helpful.
 
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ballmouse

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I recently purchased a coat and found out there was a stain on the sleeve (despite the seller mentioning there were no stains). I told the seller this and uploaded a photo since the original listing said he/she did not accept returns. Usually in this scenario, I get a response about allowing a return or getting a refund/credit.

However, I received the following response:

I'm sorry for this happening I didn't notice the stain but I can't accept returns on vintage items for they are mostly as-is items.

If I would have noticed this I would have taken it to the cleaners and then have to raise the price on the item.
The stain does look very removable though. Something the dry cleaners could take care of.



Hope you understand.


What should I do? Should I attempt to dry clean it at all?

The seller has a 100% rating with 31 ratings in the past 12 months and has been an eBay member since 2009.
 

Pawz

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What should I do? Should I attempt to dry clean it at all?

The item was not as described. EBAY/PayPal favors the buyer, so... You're good!
 

taxgenius

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