Am I about to get screwed? (ebay)

[balzak]

I sold a broken phone on ebay (item 110632082141).

You can see the auction for more details, but basically I broke something on it, got a replacement part, but was unable to put t back together. I sold it as a broken phone with all parts included, and said this exactly: "SOLD AS-IS! This item comes with absolutely no guarantees or warranty, no returns accepted."

I took nice big photos of all the parts and then put everything into the USPS box until the auction ended and then sent it off. Not only did he get the phone, but a bunch of stuff not even described in the auction (a couple protective cases, 5 screen protectors, the original box, etc.)

Now the buyer is trying to get a refund through PayPal. He is claiming that a bunch of parts are missing and that the new replacement part was broken (even though I never took it out of the plastic). This is total, 100% BS.

What do I do now? My paypal balance is now in the negative (not sure if they pulled money out of my checking account yet). They are giving me the option to "disagree" with his statement, but this really seems like a way to make me feel like I am not automatically ****ed when I really am. Obviously I can't prove that everything was in the box when he got it. I'm thinking he planned the whole time to rip me off and/or get free parts to refurb other phones with.

Anything helpful appreciated.

[Merc1138]

Based on a past experience with paypal that I've had, you're about to get screwed.

CALL paypal, not email, call them. Explain in detail what the hell happened, and do it as soon as possible. That's about your only shot.

[Robidouxs]

The buyer can't claim that you sold him broken merchandise when you indicated up front it was indeed broken. This is akin to me walking into a grocery store, picking up a gallon of milk, coming back three weeks later, saying that the milk has expired, and demanding that the store is required to provide a refund.

[Merc1138]

The buyer can't claim that you sold him broken merchandise when you indicated up front it was indeed broken. This is akin to me walking into a grocery store, picking up a gallon of milk, coming back three weeks later, saying that the milk has expired, and demanding that the store is required to provide a refund.

Unfortunately paypal automatically sides with the buyer no matter how stupid the claim is, hence needing to contact them ASAP and explain what happened, make them look at the auction listing, and correct the situation. If you take too long, paypal will tell you to F off, deduct the money from your account, and refuse to put it back. That's how I wound up with a checking account number banned from paypal even though I'm in good standing with them on a new account.

Unless the policy has changed, they can't just automatically charge your bank account/credit card the money they claim you owe them, unless you authorize that transaction, since they don't have the authority and I'm sure the banks would $*** a brick if they tried.

[balzak]

What do I say when I call them? "The other guy is a liar!"?

All I can prove is that I shipped a package to that zip code, which is all that the USPS tracking number provides. I have no way of proving what was inside the box or anything.

[Recession]

That's why I refuse to ever do business with ebay/paypal again. They ALWAYS side with the buyer. They screwed me out of $250 and then banned me because I wouldn't reimburse them for the money that they refunded the buyer.

I sold a broken Intel Core i7 processor which I clearly listed as "broken". The buyer then filed a claim that I sold him a broken processor which is exactly what I listed the auction as. Idiot buyer probably didn't even bother reading the description and bought it thinking it was functional. Of course after numerous phone calls and emails, Paypal sided with the buyer. Seriously WTF?!

[Ritty]

PayPal Issue

No ... don't just come out & call him a liar. I suggest you document your case, in writing before you make the call. Be sure & get the name or names of the folks you talk to including date & time. Do not make a recordings of any conversations unless you have the consent of the other party.

Get or make a copy of your original eBay Ad to potentially show them the item was sold "as is" ... etc.

Try to ensure the package arrived undamaged & if he made a claim to the carrier?

I believe eBay owns PayPal ... so you have another avenue of recourse.

I hope my suggestions offer you some ideas and help.

Good luck.

Ritty

[Merc1138]

Yeah, ebay does own paypal, so paypal does have access to see the ebay auction and how the item was described.

[balzak]

This is what the guy said in the first message he sent me AFTER filing a paypal dispute:

I JUST RECIEVED THE PACKAGE AND IM VERY UPSET....
YOU THINK YOUR GOING TO TRY AND RIP ME OFF YOUR VERY CONFUSED.
I WILL BE FILING A CLAIM WITH PAYPAL. AND YOU WILL BE RECIEVING NEGATIVE FEEDBACK.

It seems unusual that he would immediately jump to the conclusion that I was attempting to rip him off when I have over 130 transactions with 100% positive feedback. I would think that any sane person with two or more working braincells to rub together would first email the seller before filing a claim. This is one of the reasons I feel he is actually trying to scam me.

I requested his phone number and plan on calling him when I get a chance.

[Super Spy]

Tell Paypal what happened and tell him if he returns everything in the same condition you sold it in you will give him a full refund.

I have disputed things with Paypal and they always sided with me as the buyer....of course this is because the seller didn't mention something was broken, and once because an item never arrived. Your best recourse is get the stuff back and try again. Maybe locally with craigslist. Deal FTF and with cash.

[Maltese Falcon]

That's why I refuse to ever do business with ebay/paypal again. They ALWAYS side with the buyer. Paypal sided with the buyer. Seriously WTF?!

I wish that was true, see my last notification from a Calgunner Paypal dispute:

Hello SOL Buyer,

The refund sent by (THIEF) did not clear from the sender's bank. You have not received funds for this payment in your PayPal account.

Please contact (THIEF) regarding this refund.

-----------------------------------
Refund details:
-----------------------------------
Amount: $82.00 USD
Sender: Thief
Sender's email: thief@ XXX

Transaction ID: 79T97104G8928683T
Transaction date: Jan. 10, 2011

Thanks,
PayPal

.

[balzak]

Tell Paypal what happened and tell him if he returns everything in the same condition you sold it in you will give him a full refund.

I have disputed things with Paypal and they always sided with me as the buyer....of course this is because the seller didn't mention something was broken, and once because an item never arrived. Your best recourse is get the stuff back and try again. Maybe locally with craigslist. Deal FTF and with cash.

I don't want to go the refund and return route. He is saying a bunch of pieces of the phone are missing even though I packed EVERYTHING. This means he most likely won't return all of it, either, and keep the parts for himself. Judging by previous transactions, it looks like he buys broken phones and refurbs them, he could definitely use the parts. Also, the parts he says are missing are conveniently the most expensive parts to replace on that phone.

[bigmike82]

Threaten him with a lawsuit for fraud? Retain an attorney for an hour to write a letter for you, maybe?

Just a thought...otherwise, based on what I've heard of PayPal policies, you're kinda out of luck.

[Corbin Dallas]

I don't want to go the refund and return route. He is saying a bunch of pieces of the phone are missing even though I packed EVERYTHING. This means he most likely won't return all of it, either, and keep the parts for himself. Judging by previous transactions, it looks like he buys broken phones and refurbs them, he could definitely use the parts. Also, the parts he says are missing are conveniently the most expensive parts to replace on that phone.

I've been buying and selling on Fleabay for years. I started using PP back when they first became available and like many users, I have gotten the short end of the stick both ways.

Here's what I can tell you about paypal.

IF the buyer wishes to return the item, the seller MUST allow them to. Even if you list the item as broken for parts only, etc, etc...

However, the "Trick" to this is the buyer MUST provide paypal with verification that the original seller received said item.

Scenario goes a little like this.

Seller sends product to buyer.
Buyer does not like product files a dispute with paypal.
Paypal mediates dispute.
Seller agrees to refund money, less shipping charges IF the buyer will ship the item back.
Buyer agrees to ship item back
Seller "NEVER RECEIVES" item from buyer
Paypal sides with SELLER as buyer did not fulfill their end of the agreement.
Seller keeps money
Buyer who tries to scam seller gets nothing.

Unknown item in undescribed box goes into recycle bin never to be seen again...


Yea, that's how that rolls.

[pdq_wizzard]

I would work with eBay and PayPal with in there rules. IE you try and work it out with the buyer, don't give up and don't be a richard.

from what I have seen if you try and be the good guy and work it out they might side with you.