Re: [AH] bad eBay seller - what to do?

From David Messenger
Sent Wed, Aug 28th 2019, 18:01

Excellent, so happy to have been of help!

On 8/28/2019 11:37 AM, Brian Willoughby wrote:
> Thanks for the suggestion to call, David.
>
> The return process was going smoothly, so I didn’t call at first. After the MD recorder arrived at the pawn shop, the seller refused to refund on the grounds that I had shipped a different item! They even tried to point out that my eBay review history shows a 40% rate of problems, as if that somehow marked me as the culprit in this case. That’s a new tactic that I hadn’t heard about, so I’m mentioning it here. The seller actually maintained the fantasy that they sent out an unused item, then accused me of swapping it for a used item on return. The seller specifically mentioned something that was blurry in their photo, but crisply focused in my photo, as if that was proof of the swap. Fortunately, some of their original photos show signs of wear in other aspects.
>
> So, I called eBay, explained the situation, and walked them through the photographic proof. The rep on the phone actually settled the case in my favor while we were talking. My case had been “under review” according to the emails, so this call apparently sped up the process, and it probably helped that I was able to present my case.
>
> I was a little worried before calling, because the more I looked at the seller’s original photos, I wondered if eBay might think that I should have known that the item was used. The ripped staples in the manual are clearly visible in three photos, as is the cracked styrofoam. However, none of the seller’s photos showed wear on the rack unit itself, and the title with “New Old Stock” should be enough proof that they were acting fraudulently.
>
> Brian
>
>
> p.s. Note that you can get access to the same system using the eBay web contact, although the 866 number is different, and the web site gives you a seven-digit number to provide after calling. This links them to your account quickly. Both numbers (the one David provided and the one I got from the eBay web site) require you to navigate a voice-activated menu, so don’t say “report seller fraud” or they’ll think your account has been breached. Say “talk to representative” and that’ll get you through.
>
>
> On Aug 22, 2019, at 11:18 PM, David Messenger <xxxxxxx@xxxxxxxx.xxx> wrote:
>> Brian and everybody:
>>
>> Whenever something like this happens to me I just call Ebay direct. Believe it or not they are always very helpful. I wish I could say the same for Facebook-they are completely opaque...
>>
>> You will of course be talking to some young person in the Phillipines, but that's never been a problem for me. I always talk to a body as it makes someone look at the problem and they can make verbal notes for you on the issue at hand so if you call again they know status.
>>
>> Here's the number.
>>
>> 1 (866) 540-3229
>>
>> Good luck,
>>
>> D.
>>
>> On 8/23/2019 12:03 AM, Brian Willoughby wrote:
>>> Thanks for all of the support from folks who copied the list or replied privately. I’ve decided to pursue a return through the eBay process, despite the fact that this seller does not accept returns. I attached 7 photos, any one of which should make it obvious, to anyone at eBay with half an idea of what “New Old Stock” means, that this was a clearly fraudulent listing.
>>>
>>> Being a gear head, it seems like such a waste to send away this unit, since I’ll probably end up with another used one eventually. However, I clearly paid for NOS (you know, nitrous oxide), and the seller knew that someone would pay more for a discontinued product that is New Old Stock over any of the many other used rack MD recorders.
>>>
>>> I’m still ranting, of course, because I haven’t had time after work for two days to take care of lighting and taking photos, composing the complaint, and stepping through eBay’s process. It’s a serious waste of my time, and if I were well versed in the legal process then I’d be tempted to sue for the lost time dealing with this obvious fraud. I’ll definitely be giving a negative feedback for newchesterlaurelpawn, a.k.a. Chestertown Jewelry and Pawn.
>>>
>>> I may have missed an opportunity, though. The first time through the refund process, I recall seeing an individual’s name - John something - and address. I clicked through without saving it anywhere. Now I can’t find that information again, and even attempting to ask for a refund a second time ends up on different pages (probably because eBay has a record that I’ve already filed such a request). eBay will eventually get back to me, but I wish I could put a name out here on this list so that folks aren’t mislead by John (*fubar*) at Chestertown Pawn.
>>>
>>> Brian
>>>
>>>
>>> On Aug 20, 2019, at 7:40 PM, xxxx@xxxxxxxx.xxx wrote:
>>>> Brian,
>>>>
>>>> Ebay heavily favors the buyer in situations like this.  You should be able to return it and get a refund (including shipping) easily.  I don't remember if you're allowed to give negative ratings on returns.  The partial refund angle will depend on the seller, but Ebay does support partial refunds too.
>>>>
>>>> BTW, I quit selling high value items on Ebay, due to it's buyer favoring.  I had a synth returned that was serviced and in great condition, because the buyer did not understand how to operate it.  I was out shipping and had problems getting refunded the selling fees.  However, I've never had an issue on the buying end.
>>>>
>>>> ---
>>>> Doug Huseby
>>>> http://synthark.com
>>>> http://synthark.org
>>>>
>>>>
>>>> On 2019-08-20 20:11, Brian Willoughby wrote:
>>>>> Hello all,
>>>>> I bought a rack-mount miniDisc recorder on eBay, described in the
>>>>> title as “New Old Stock”
>>>>> After it arrived, it was clearly well-worn and used. The paper manual
>>>>> was practically shredded; there were three used miniDiscs in the box
>>>>> with set names hand-printed on the labels; the styrofoam was beat up
>>>>> and clearly had been handled hundreds of times; and the unit was not
>>>>> new or even in the typical plastic wrap.
>>>>> Only an idiot would actually think that this was New Old Stock.
>>>>> The seller showed photos of the box opened, so clearly they saw the
>>>>> condition of everything inside. I wrote to the seller to ask why it
>>>>> was mislabeled, and the only response was, "It was sealed in the box.
>>>>> We opened it for pictures. If you aren't happy with it we will take it
>>>>> back for a refund.” I don’t think that having new tape applied over
>>>>> the old to close the box counts as “sealed in the box,” at least not
>>>>> in my use of the English language.
>>>>> I used to be an eBay expert, but it seems that the market has changed
>>>>> and there’s a whole new dynamic.
>>>>> My question is: What is best option to deal with this?
>>>>> 1) Return the unit and wait for another one?
>>>>> a) Will I actually get my money back?
>>>>> b) Do I have to take a loss on the return shipping costs?
>>>>> c) Will I still be able to give this guy a negative rating to warn
>>>>> others about the fraudulent labeling and description?
>>>>> d) What if the unit actually works and I prefer the old “bird in the hand?”
>>>>> 2) Beg the seller for a partial refund?
>>>>> a) This sort of thing used to be a universal response from sellers on
>>>>> every complaint. Either that has changed, or this seller is taking a
>>>>> hard line.
>>>>> b) I haven’t actually asked, specifically, so perhaps the seller would
>>>>> be willing.
>>>>> c) Does eBay now have a process that makes this impossible? … or difficult?
>>>>> or, should I:
>>>>> 3) Shut up and learn my lesson that eBay has more scammers than
>>>>> trustworthy merchants?
>>>>> a) I’ll obviously confirm that the unit is functional before I choose
>>>>> this option.
>>>>> b) Maybe I don’t understand how flexible the term “New Old Stock”
>>>>> really is, and I should just tape up the original box for any of the
>>>>> used items I sell and say, "New old stock we believe. Was still sealed
>>>>> in the box."
>>>>> Sorry for the non-Analog content, but this community seems very savvy
>>>>> about eBay.
>>>>> Brian
>

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