Ebay Gone Bad

[lostinraleigh]

I'm in NC; the buyer is in OK. I sold Mr.X a vintage stereo turntable for $300. He paid with PayPal. On receiving it, he notified me of damage due to negligent packaging and filed a claim against me through PayPal. I responded "OK, I insured it -- please send photos". He answered, "after looking again maybe I can have it repaired if you just credit me back $100." I said let's see what the insurance says first. FedEx inspected and concluded "no damage to the packaging or contents." Further, when I finally got his photos, it was obvious they were fraudulently staged -- he even threw in a random metal part! So in my mind this guys game was just to get the $100 credit from me. It gets even better. FedEx sent it back to me and actually did destroy it on the return trip. I settled with them for $250. PayPal closed the inital case because the buyer failed to respond to them; then let him appeal. They closed the appeal once they learned the table had come back to me "suggesting" that I give a full refund. He has "guaranteed" that he will file an internet fraud charge against me if he doesn't have his full refund by 8/8. In the meantime he has also placed a negative and totally false feedback comment against me on Ebay damaging future sales. I hate rewarding a crook, but offered to give him his full refund -- 1/2 now and 1/2 once his libelous statement on Ebay is removed. He has refused even this. Does it make any sense to dare this jerk to sue me, or should I just walk away short $50 + $22 original shipping + lost time and the EBay comment? Thanks!!!What is the name of your state (only U.S. law)?

 

[seniorjudge]

There are about 7,578,201 posts similar to yours on this site.

Riffle through a few thousand of them.

 

[lostinraleigh]

Ebay Still Gone Bad

Seniorjudge -- That's very impressive. Means that 4.2% of the total US adult population has had the same problem as me and written you about it. Seriously, I've spent a couple of hours looking for a similar example and came up empty. Any specific examples you could steer me too? Should I dare a criminal to sue me, or just give him his $300 and consider my costs as the risk of fooling around on Ebay? I would really appreciate your insight. Thanks!!

 

[Zigner]

There are about 7,578,201 posts similar to yours on this site.

Riffle through a few thousand of them.

Correction - there are now 7,578,203!

 

[JETX]

Seniorjudge -- That's very impressive. Means that 4.2% of the total US adult population has had the same problem as me and written you about it.

I was about to respond to your circumstance... then saw your smart-ass response to a fellow senior member of this forum.
And with that... my advice is... talk with a local attorney who will at least get paid to listen to your abuse.

 

[mmmagique]

It's against EBay's tos to hold feedback 'hostage', and I imagine what you are doing is as well. You got the item back, he is entitled to a full refund.
Yes, he tried to con you, and yes, you caught him.
I don't see giving him a refund on an item you have in your possession as 'rewarding' him though.

~Christina

 

[CameronNewport]

I'm in NC; the buyer is in OK. I sold Mr.X a vintage stereo turntable for $300. He paid with PayPal. On receiving it, he notified me of damage due to negligent packaging and filed a claim against me through PayPal. I responded "OK, I insured it -- please send photos". He answered, "after looking again maybe I can have it repaired if you just credit me back $100." I said let's see what the insurance says first. FedEx inspected and concluded "no damage to the packaging or contents." Further, when I finally got his photos, it was obvious they were fraudulently staged -- he even threw in a random metal part! So in my mind this guys game was just to get the $100 credit from me. It gets even better. FedEx sent it back to me and actually did destroy it on the return trip. I settled with them for $250. PayPal closed the inital case because the buyer failed to respond to them; then let him appeal. They closed the appeal once they learned the table had come back to me "suggesting" that I give a full refund. He has "guaranteed" that he will file an internet fraud charge against me if he doesn't have his full refund by 8/8. In the meantime he has also placed a negative and totally false feedback comment against me on Ebay damaging future sales. I hate rewarding a crook, but offered to give him his full refund -- 1/2 now and 1/2 once his libelous statement on Ebay is removed. He has refused even this. Does it make any sense to dare this jerk to sue me, or should I just walk away short $50 + $22 original shipping + lost time and the EBay comment? Thanks!!!What is the name of your state (only U.S. law)?

You definitely owe him something since he returned the item and you accepted it. As of now, you're $250 ahead of where you were prior to the transaction. But I don't think you owe him a 100% refund. For example, I don't think you owe him for the shipping charges unless that was included in the selling price.

Unfortunately, you can't legally hold the refund hostage to force a retraction of the negative feedback, as they are totally separate issues. In other words, if he sued you for the money, the fact that he defamed you is no defense, so the judge would order you to pay (though you could counterclaim for defamation in the same suit).

 

[CameronNewport]

It's against EBay's tos to hold feedback 'hostage', and I imagine what you are doing is as well. You got the item back, he is entitled to a full refund.
Yes, he tried to con you, and yes, you caught him.
I don't see giving him a refund on an item you have in your possession as 'rewarding' him though.

~Christina

Beat me to it.

 

[lostinraleigh]

Thank You All for the Help

JETX & Seniorjudge -- First let me sincerely apologize if my reply came across as smart-assed -- A poor attempt at humor I suppose. I was more serious about the "appreciating your insight" part.

MMMagique & CameronNewport -- Thanks so much for taking the time to help me out. Your work on this site is fantastic.

An applicable quote with regard to my buyer -- "Some folks are like slinkies; their redeeming quality is in making you smile as they fall down the stairs."