UPDATE - still need advice re: eBay seller misrepresentation

tiggerlover

Still waiting for "the talk"
Joined
Jan 29, 2000
Messages
10,314
UPDATE IS LOCATED AT THE BOTTOM OF PAGE ONE.



I just received my package from an eBay auction that I won and the contents were not exactly what I was led to believe. I bid on 10 boxes of snowman and penguin Christmas cards (the auction specified only two designs and I emailed to confirm this before bidding) and what I received were 3 boxes of snowman and penguin cards and 7 boxes of bunny and bear cards (which I don't care for). I tried to contact the seller, but his email address is no longer valid and he is no longer a registered user at eBay. (And to think he had good feedback when I bid on this). I paid for my auction with PayPal and I was wondering if anyone knew if I had any recourse through either eBay or PayPal.

:bounce::wave::bounce:
 
Have you tried contacting Ebay to see what they say?
What a jerk!

If you used your VISA/MC/AMEX/Discover/Etc. for the paypal payment, you might have some recourse through them.
 
I ran into this a few months ago. Paypal will investigate on your behalf.
 
Something similar happened to me. At the time, I didn't know that Paypal would intervene. We just disputed it on our credit card, and we were not charged for the item. About 3 months later we got a semi-nasty email from Paypal asking why we didn't go through them first. We had no idea that you were supposed to go through them.

In any case, try disputing it through Paypal, if that doesn't work contact your credit card company.
 

Paypal won't do anything for an item not as described. They will only intervene if the item never arrived. I just went through this with them. If the guy isn't a member of ebay anymore, not sure what they will do, I would go to your bank or credit card company. How many feedback did the guy have & how much did you pay for the cards? Probably not enough for the law enforcement officials to care but he night have left because you weren't the only one he scammed so I would contact the fraud enforcement agancy anyway. You can find their # in the ebay help area.
 
You need to file a complaint against the seller with ebay first. They will open an investigation. Even though the seller is no longer a registered member Ebay can still get in touch with the person (usually). If the seller refuses a return/refund, which he or she probably will, your only recourse is to leave negative feedback and keep the items (or sell them yourself).

Paypal is not fun to deal with. Their philosophy is that they don't get in between buyer and seller disagreements. If you used your credit card through Paypal then give the cc company a call. They will be able to charge back the purchase through paypal. But beware, paypal will appeal the decision. You'll need to provide proof of everything... a copy of the original listing, proof of payment, letters from ebay stating the the seller is unreachable, and they might even ask you to mail back the items. It's really a pain in the butt. You might just want to save yourself the trouble and keep the cards, or sell them.
 
Thank you all for the information. I have filed a complaint with PayPal and eBay is my next stop, I just wanted to see what you all had to say before doing so. If I get no where with eBay and PayPal then I will contact my credit card company.

As for his feedback rating, he had 166 positive responses, no negatives and 3 neutrals which were over 6 months old. I read the three neutrals, which were all from the same person and didn't feel he was a risk. Since winning the auction there is one negative and that is what resulted in him losing his registered status. I paid $33 and change for this auction, and wouldn't have done so if I knew I wasn't getting the 10 boxes of the design the auction specified. Caveat Emptor!

Wish me luck in getting a resolution!

:bounce::wave::bounce:
 
Good Luck, Debbi!! Sorry to hear about this. :(

Thankfully it wasn't the Nutcracker candles though! ;) :)
 
UPDATE -- long -- includes seller's response to PayPal's inquiry.

PayPal was able to contact the seller (with an email address I didn't have) and I heard back from the seller as follows:

"I have just received a complaint notification from PayPal. Since you have previously contacted us to say you are happy with your purchase, & added to the fact that you paid for 6-8 week surfacemail & in fact received you cards by 4-day airmail (at our cost), please can you reply to this email stating exactly how you feel we have misrepresented our goods & cheated you.

As stated in our eBay returns policy, if you return the goods to us we will shall refund your money in full including all postage costs to return the goods to us. Please obtain proof of postage certificate & email this to us as soon as you have posted the goods back to us. As soon as they arrive back here we shall refund your monies without question."

I promptly emailed him back and explained that I did try to email him first, but both the email addresses I had for him were no good any more, therefore I felt I had no other choice but to contact PayPal. I told him up until I received my package I was happy with his communication and was prepared to leave him favorable feedback until I found it wasn't exactly what I thought I was getting. I recognized the fact that he did send the package the most expensive way, however, I pointed out that I did not chose the more expensive method because I didn't want to pay the cost (it was $20 more). It was his choice to mail it in that manner. I told him I didn't wish to send back my whole order, I just wanted what I thought I was bidding on. His response was:

"Thanks for replying to us. The email addresses you had for us were deleted just this week as we have sold off all our stock & have ceased trading on eBay.

Had we realised the cards came in 4 designs the auction would have stated this. We sold over 100 boxes of these last year & at that time only 2 designs were available. This years stock it seems was slightly different & the new designs must have been added - something which we did not notice & for which we appologise.

We actually made a loss on this sale, as our Post Office stickered-up the package for airmail & it was not until we had processed 20 or so other packages that we realised your had been incorrectly stickered up for airmail. To save disruption in the busy post office we let it go as Airmail & paid the excess charges - double what you paid for shipping - out of our own pocket. Yes I realise you did not ask to be upgraded for shipping, but the fact remains we carried the cost for you & I would have hoped in a case like this that meant something to you.

As stated in the auction for the Christmas Cards, they were the last 10 boxes we had in stock. We stand by our word of offering you a complete refund if you are able to return the 10 boxes of cards to us - we will pay your return postage costs. We would gladly replace the cards but we no longer have any available, so a full refund is the only option available if you are unhappy with your purchase I am afraid."

Now I am in a dilemna as to what to do. I do want the 3 boxes of the design I wanted, but not the 7 boxes of the one I was unaware existed. How would you proceed from here?

:bounce::wave::bounce:

PS - Kim, I am glad too. ;)
 
Hmm.. thats a tough call.


They did pay for the extra shipping money (nice touch), but it was not as they described.

Is it worth the hassle of resending back? Or do you resell them on ebay? Or just bite the bullet and say, Oh well, and just use them?

Its November now.. what time frame are you looking at to send your cards out? Would it be cutting too close? How long does something you send get to a US recipient?

Those are all things to think about. At least you got a response.
 
This guy blathers on about the airmail shipping when that's not a concern of yours. He did apologize for the mistake with the item misrepresentation, so that's something.

Still, it's his fault for not noticing and for not setting aside the proper amount of stock for the auction so that the stock matches the description.

Have you tried to bargain with the guy and made an offer for a partial, prorated refund on the cards you don't want? He offered to reimburse you for shipping the cards back. Maybe if you offered to pay for shipping if he gave a partial refund (70% of $33 is $22.10) he would go for that. It's worth a try.
 
I am not sure what I am going to do, I think I am going to sleep on it tonight. I am leaning towards bitting the bullet now, because I really like the 3 boxes of the one design, but I am not sure. I don't think I want to send them back because I can't be guaranteed he will pay for them and they have to go all the way to the UK and shipping to there is very expensive. The shipping I paid on this auction was more than the winning bid.

Thanks for your thoughts.

:bounce::wave::bounce:
 














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