Ebay Dispute - Advice Needed on how to Proceed

Mar 25, 2008 at 8:44 PM Thread Starter Post #1 of 7

Jussei

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I've read a lot of eBay stories on Head-Fi so I know a lot of members have been, unfortunately, ripped off by a seller or two. Somehow, over the course of about 1000 purchases I avoided all of the bad sellers out there, but I think my luck has finally run out.
Here's the story:
I recently read though the Pen-Fi thread here and decided to get into pen collecting. Anyway, I purchase a Montblanc Solitaire ballpoint for $130 + $15 shipping with BIN. I pay immediately. No contact from seller for a few days. Eventually, I email him and ask about shipment, he ships next day (4 days after auction end) and I get the pen yesterday. It's an obvious fake and I call the seller on it.
I check his other ended auctions and he sold 3 other pens just like the one I purchased (same pictures and all) for BIN prices of $120, $140 and $180. My guess is that the others were fakes as well.
What makes the situation even more sketchy is that, with all of his other previous sales, he listed them as normal eBay auctions but the pens were all listed as private so the buyers ID would not be disclosed.
The pictures in the auction weren't the best, but it's also obvious that he shipped a different pen than he had pictured (the pictures appeared to be a legit Solitaire, what I got was not)
After calling him on the situation, he told me "oh yeah, another buyer claimed his was fake too and is sending it back to me."
He wants me to send the pen back prior to the refund and refuses to refund the $15.00 shipping cost (keep in mind that he sent USPS First Class in a clasp envelope).
His recent message to Paypal (in the dispute dialog) states that I shouldn't be entitled to a refund anyway since his 7 day return policy lapsed (it took him 4 days to ship - 3 to get to me). Apparently he expected me to return the pen while it was in transit to me.
Anyway, my main question is how do I proceed?
I don't want to ship the pen back, hoping for a refund since he seems like a major scammer. I don't want to spend the time repackaging the pen, going to the post office, and dropping another $5.00 to get it to him just for him to keep the item, relist it and claim that he never got it back from me (or I shipped another pen to him, etc). I told him that I'd gladly ship the pen back if given the refund prior to shipment since he has already provided fake merchandise. I have every intention of doing just that, but he finds it unacceptable.
What is the best way to go about this situation? He has already shown that he cannot be trusted, so I cannot simply ship the pen back, hoping for him to be honest, but Paypal probably won't side with me if I don't. He seems illogical and I really don't want him to be able to screw me twice.
It's not so much about the money, but the principle and I'd really like to see this scumbag removed from eBay.
Thanks for your help and I appreciate any advice from the all knowledgeable member base!
(NOTE: I'll be at class from about 5:00-10:00, but I'll be anxious to read suggestions upon my return).
Thanks in advance -- Jussei
 
Mar 26, 2008 at 4:54 AM Post #2 of 7
Ship it back via certified mail, or use signature confirmation and a tracking number. That way you'll have a record of its arrival. The seller's interpretation of his return policy is pretty bogus, and I think that PayPal will interpret it as meaning 7 days from the time of either shipment or delivery. Usually, contacting the seller about a return is considered the point at which an item is being returned. So, I don't think the period of time will be a problem.

You should make notes about why you believe this item to be a fake, and be prepared to point them out using a dated photo you've taken versus his photo from the auction page.

Something tells me that PayPal won't even make you go through these steps. They'll examine the reputations of both you and the other guy, and since it's likely that other buyers will be filing claims soon, they'll probably side in your favor without even asking you for information.
 
Mar 29, 2008 at 6:04 AM Post #3 of 7
Sorry for the delayed response and thanks for the advice. The pen is on the way back to the seller.
Something that's interesting is the fact that the seller is now relisting the pens that buyers are finding to be fake as genuine (as they are shipped back to him). During our first communication I let him know the differences between the fake and genuine versions, so he is well aware.
Also, what's disgusting is that he is now charging extremely high shipping and handling rates ($25.00 for UPS). In our correspondence he stated that he will not refund shipping and handling costs because that is not 'common fare.' So what this guy is doing is selling items that he knows to be fakes hoping that buyers don't discover that fact. If they do he keeps the $20+ he makes on shipping and handling.
I've reported this to the best of my ability on eBay, but I don't know if they will pursue it. Is there any way that I can really out this guy, because this is really frustrating.
He just listed one of the new fakes for $170 BIN with $25.00 shipping and I really don't want to see someone else get screwed.
 
Mar 29, 2008 at 10:24 AM Post #5 of 7
Yep, report some of his listings as fraudulent. Here's the new link to the Security Center.

Report a listing violation --> Fraudulent listings --> You suspect that a listing is fraudulent you didn't bid --> Continue.

Click the "Email us" link instead of the articles. It will take you to the form where you can enter the auction numbers and your concerns.
 
Mar 29, 2008 at 10:47 AM Post #6 of 7
Don't send it back! Especially until you start a claim against the seller!

eBay/PayPal almost always sides with the buyer, so you're pretty clean. If you send it back to the seller, they'll just deny that it was ever sent back or was ever received and you're screwed.

Normally under these circumstances, just send of an email to the seller saying that you're about to file a PayPal dispute that it's fake and they have 24 hours to do a refund. If they do so properly (which they almost always do), you handle things as per refund. Otherwise, file the dispute and get your money back. Under most circumstances you get to get all of your money back. Just don't be a ***** and skip the feedback. It's th reason why I have 85% feedback on eBay (2 fraud sales), I don't let fake sellers get away with that stuff, if they sell fake stuff, I call them on it and leave negative feedback!
 
Mar 29, 2008 at 11:31 AM Post #7 of 7
Quote:

Originally Posted by Jussei /img/forum/go_quote.gif
What makes the situation even more sketchy is that, with all of his other previous sales, he listed them as normal eBay auctions but the pens were all listed as private so the buyers ID would not be disclosed .


I bet he did that so buyers who'd been scammed couldn't warn other buyers about it. As for postage, he should cover all of it. This is a clear-cut case of him selling fakes, why should you be out of pocket to send him back a fake product?? You ordered the genuine article, and he didn't supply it. I can't honestly see how eBay can side with him under these circumstances.
 

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