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

From Brian Willoughby
Sent Wed, Aug 28th 2019, 17:34

Thanks for the suggestion to call, David.

The return process was going smoothly, so I didn=E2=80=99t 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=E2=80=99s a new tactic that I hadn=E2=80=99t heard about, so =
I=E2=80=99m 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 =E2=80=9Cunder review=E2=80=9D=
 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=E2=80=99s 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=E2=80=99s photos showed wear on the rack =
unit itself, and the title with =E2=80=9CNew Old Stock=E2=80=9D 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=E2=80=99t say =E2=80=9Creport seller fraud=E2=80=9D or =
they=E2=80=99ll think your account has been breached. Say =E2=80=9Ctalk =
to representative=E2=80=9D and that=E2=80=99ll get you through.


On Aug 22, 2019, at 11:18 PM, David Messenger <xxxxxxx@xxxxxxxx.xxx> =
wrote:
> Brian and everybody:
>=20
> 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...
>=20
> 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.
>=20
> Here's the number.
>=20
> 1 (866) 540-3229
>=20
> Good luck,
>=20
> D.
>=20
> 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=E2=80=99ve 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 =E2=80=9CNew Old Stock=E2=80=9D means, =
that this was a clearly fraudulent listing.
>>=20
>> Being a gear head, it seems like such a waste to send away this unit, =
since I=E2=80=99ll 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.
>>=20
>> I=E2=80=99m still ranting, of course, because I haven=E2=80=99t had =
time after work for two days to take care of lighting and taking photos, =
composing the complaint, and stepping through eBay=E2=80=99s process. =
It=E2=80=99s a serious waste of my time, and if I were well versed in =
the legal process then I=E2=80=99d be tempted to sue for the lost time =
dealing with this obvious fraud. I=E2=80=99ll definitely be giving a =
negative feedback for newchesterlaurelpawn, a.k.a. Chestertown Jewelry =
and Pawn.
>>=20
>> I may have missed an opportunity, though. The first time through the =
refund process, I recall seeing an individual=E2=80=99s name - John =
something - and address. I clicked through without saving it anywhere. =
Now I can=E2=80=99t 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=E2=80=99ve 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=E2=80=99t mislead by John =
(*fubar*) at Chestertown Pawn.
>>=20
>> Brian
>>=20
>>=20
>> On Aug 20, 2019, at 7:40 PM, xxxx@xxxxxxxx.xxx wrote:
>>> Brian,
>>>=20
>>> 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.
>>>=20
>>> 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.
>>>=20
>>> ---
>>> Doug Huseby
>>> http://synthark.com
>>> http://synthark.org
>>>=20
>>>=20
>>> 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 =E2=80=9CNew Old Stock=E2=80=9D
>>>> 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.=E2=80=9D I don=E2=80=99t think that having new =
tape applied over
>>>> the old to close the box counts as =E2=80=9Csealed in the box,=E2=80=9D=
 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=E2=80=99s 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 =E2=80=9Cbird=
 in the hand?=E2=80=9D
>>>> 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=E2=80=99t actually asked, specifically, so perhaps the =
seller would
>>>> be willing.
>>>> c) Does eBay now have a process that makes this impossible? =E2=80=A6=
 or difficult?
>>>> or, should I:
>>>> 3) Shut up and learn my lesson that eBay has more scammers than
>>>> trustworthy merchants?
>>>> a) I=E2=80=99ll obviously confirm that the unit is functional =
before I choose
>>>> this option.
>>>> b) Maybe I don=E2=80=99t understand how flexible the term =E2=80=9CNe=
w Old Stock=E2=80=9D
>>>> 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
>=20