EBay BSTRD! What can I do next (legally-before I drive to his house and hurt him)?

[BudLt]

What happens when you purchase an item on EBay, the seller tells you before you buy the item that they WILL accept returns IF the item is not as listed (and I do have all emails & conversations). You send the item back, email the seller to let them know it will be arriving, and they start telling me I better not send it because they won’t accept it and if I do mail it, I have to pay the price to re-ship the item and his time to do it. Each time he raises the price. It started at $8, then $12, then was at $15 (it only cost me $6 to return it). I explained I ALREADY mailed it. He kept telling me he isn’t going to refund my money & he is charging me to ship it back. I have been arguing with him since about 4/28 & he says he will throw the item out if I won’t pay him to ship it. He says I mailed it to him; I gave up my legal right of ownership!
I have emailed him quite a few times & he has stopped responding. I have also sent a few invoices thru the Paypal sit to him for the refund amount. He just cancels the invoices. I have his phone number, or it might be his "business" number, but I have not called it because I do not want him to say I am harassing him.

What is the name of your state (only U.S. law)? RI

 

[Mass_Shyster]

Sue him for the price you paid plus costs.

You may have to sue in a court in his state.

 

[BudLt]

I can do that?

I can sue him for the cost of the item? It was a cell phone for $209 for my son. Then I paid $6 to return it to the stupid seller. I qualify for a free lawyer, so does that mean it wouldn't cost me to take the jerkface to court? I really dont have the money or time to travel to his state - besides, why should I have too? He is scr$w*ng me...

 

[Proserpina]

I can sue him for the cost of the item? It was a cell phone for $209 for my son. Then I paid $6 to return it to the stupid seller. I qualify for a free lawyer, so does that mean it wouldn't cost me to take the jerkface to court? I really dont have the money or time to travel to his state - besides, why should I have too? He is scr$w*ng me...

Because that's how it works. You would sue him in his state.

Not yours.

Honestly? You need to weigh the cost of taking jerkface to court in his home state is worth more or less than the phone.

I'm guessing not.

 

[The_Saint]

What happens when you purchase an item on EBay, the seller tells you before you buy the item that they WILL accept returns IF the item is not as listed (and I do have all emails & conversations). You send the item back, email the seller to let them know it will be arriving, and they start telling me I better not send it because they won’t accept it and if I do mail it, I have to pay the price to re-ship the item and his time to do it. Each time he raises the price. It started at $8, then $12, then was at $15 (it only cost me $6 to return it). I explained I ALREADY mailed it. He kept telling me he isn’t going to refund my money & he is charging me to ship it back. I have been arguing with him since about 4/28 & he says he will throw the item out if I won’t pay him to ship it. He says I mailed it to him; I gave up my legal right of ownership!
I have emailed him quite a few times & he has stopped responding. I have also sent a few invoices thru the Paypal sit to him for the refund amount. He just cancels the invoices. I have his phone number, or it might be his "business" number, but I have not called it because I do not want him to say I am harassing him.

What is the name of your state (only U.S. law)? RI

Easy solution - file a paypal dispute right now. Don't waste any time, do it. Then as soon as its filed escalate the dispute to a claim stating you have sent the item back already and the buyer refuses to honor his listing.

Paypal should refund you, although you will be out the return shipping. I sure hope you used a trackable method of return with a signature. I'm not sure what the $ amount is for a sig to be required but it might be $250, possibly $200. Paypal will let you know.

If you have a trackable method of posting and paypal denies your claim, just take it up with your credit card company.

I would also go ahead and leave negative feedback for them right away. Keep an eye on the feedback as they have the opportunity to reply to it and you can also reply to their reply.

With these situations, legal action is rarely needed if you know what you are doing. I buy hundreds of items, a year on ebay for resale. I come across idiots who list used items as new, send the wrong item, or not enough. I've yet to have been screwed or need to sue anyone although i have lost out on return postage several times but thats just a cost of doing business on ebay. Their customer service has improved drastically in protecting buyers lately, take advantage of it and make it easy on yourself.

 

[BudLt]

EBays customer service BL@WS

Easy solution - file a paypal dispute right now. Don't waste any time, do it. Then as soon as its filed escalate the dispute to a claim stating you have sent the item back already and the buyer refuses to honor his listing.

Paypal should refund you, although you will be out the return shipping. I sure hope you used a trackable method of return with a signature. I'm not sure what the $ amount is for a sig to be required but it might be $250, possibly $200. Paypal will let you know.

If you have a trackable method of posting and paypal denies your claim, just take it up with your credit card company.

I would also go ahead and leave negative feedback for them right away. Keep an eye on the feedback as they have the opportunity to reply to it and you can also reply to their reply.

With these situations, legal action is rarely needed if you know what you are doing. I buy hundreds of items, a year on ebay for resale. I come across idiots who list used items as new, send the wrong item, or not enough. I've yet to have been screwed or need to sue anyone although i have lost out on return postage several times but thats just a cost of doing business on ebay. Their customer service has improved drastically in protecting buyers lately, take advantage of it and make it easy on yourself.

I did file a dispute with EBay, and they sided with HIM ONLY because they said due to what I had told him in my email - the email they OBVIOUSLY didn't bother to completely read. The first few sentences I had said I received the package ok, MEANING I was letting him know it arrived at my home. As I continued in the letter, it says the stupid thing is "not as listed". He listed it as "used only once" & it clearly had scuff marks, signs of slightly warn keys & smelled like smoke. Even after EBay sided with him, I tried to contact them AGAIN & say "even though you sided with him, I ALREADY mailed back my item... (& I explained the story...)" They basicly said to me"We already answered you on your complaints and we are sorry it is not the answer you wanted. You shouldn't have sent back the item. Any further requests on this will not be answered". CAN YOU BELIEVE IT?!?! I almost peed myself!!

 

[The_Saint]

Weird. Did you file as "materially different"?

Step 2. Try and file a paypal dispute although that may not work now since you got rejected by ebay who own paypal but i would try that first.

Step 3. Credit card chargeback.

 

[Hot Topic]

And I wouldn't make threats online. Your hysteria is not going to get you where you want to be.

 

[BudLt]

OK - Thanks. I am going to do that - Try and file a paypal dispute.
(I don't wanna sound dumb here, but...) What do you mean by a Credit card chargeback? Or is that just what they call my refund (if I were to receive it of course).

 

[Hot Topic]

I installed a software program that didn't work. When I got the statement from the credit card company, I wrote a letter stating why I shouldn't have to pay for it. I detailed everything. The credit card company called and informed me that I could remove the program from the statement.

The main thing to remember is to send a detailed letter written in an adult fashion. The hysteria will make them think they have a nutcase on their hands.

 

[cosine]

I did file a dispute with EBay, and they sided with HIM ONLY because they said due to what I had told him in my email - the email they OBVIOUSLY didn't bother to completely read. The first few sentences I had said I received the package ok, MEANING I was letting him know it arrived at my home. As I continued in the letter, it says the stupid thing is "not as listed". He listed it as "used only once" & it clearly had scuff marks, signs of slightly warn keys & smelled like smoke. Even after EBay sided with him, I tried to contact them AGAIN & say "even though you sided with him, I ALREADY mailed back my item... (& I explained the story...)" They basicly said to me"We already answered you on your complaints and we are sorry it is not the answer you wanted. You shouldn't have sent back the item. Any further requests on this will not be answered". CAN YOU BELIEVE IT?!?! I almost peed myself!!

Consider yourself lucky that you didn't lose as much as I did through that web site. Now you know not to ever use them again.

 

[The_Saint]

OK - Thanks. I am going to do that - Try and file a paypal dispute.
(I don't wanna sound dumb here, but...) What do you mean by a Credit card chargeback? Or is that just what they call my refund (if I were to receive it of course).

A credit card chargeback is when you call your credit card company and dispute the transaction. Hopefully you didn't let paypal take the money from your bank account and used a credit card to fund the transaction.