ok so i sold my original console on ebay for about $300... sent it to the guy and he claims it had broken pieces etc., I came to a deal that if he sent it back to me in the condition he described then I'd issue a partial refund (my intent was to repair the broken piece then resell)

Well I get the console back and its in 100 pieces. This beautiful 68 original console is smashed beyond repair. And its obviously not done by UPS. I told the guy I hope he insured it bc no way am I refunding anything and I sealed the box back up to resend.

He opened a claim with UPS to get insurance money, so UPS picked up the box and took it to inspect and ship back to sender. I DO NOT HAVE THE CONSOLE in my possession.

I get an email today from Paypal that the buyer opened a dispute and automatically refunded him $307!!!! HOW IS THIS LEGAL!?!?!?!!? Now I have to fight paypal for my money back!?!

 

They always side with the buyer, almost no way you will come out breaking even unless you take him to court. thats why it is so popular for fraud. You could have sent him a new one, he sent back his broken one, even if you prove it wasn't the same one (pictures, video, full documentation), Paypal will side with the buyer.
It isn't what a court would find legal and it is NOT right, they aren't deciding that. They are going by what gets them the money (no credit card charge-backs). It's what you agreed to in the user agreement. If they did something illegal or financially wrong, you have to settle it out of court with THEIR arbitrator. Can't Sue paypal or EBay. Would have still been the same situation if your agreement were NO REFUNDS, SOLD AS IS. They would do the exact same thing.
If the guy ripped you off, you have no recourse with paypal, you have to sue him in his state's civil court.
Wonderful if you are a buyer that needs protection or a thief/conman, but Paypal does NOTHING for the sellers. I would be stunned if you ever get a result from Paypal. That's why so many thousands of (Power) sellers left EBay including myself.
How could he file for insurance since you were the shipper? Unless he commited fraud and told the shipping company it broke when he returned it to you! Let them know and that he claimed it broken before he shipped it! You are the shipper, the claim goes to you since he is supposed to get a refund from you (that is how it should have been handled, he gets the refund you get the insurance)
Just my experience from being through it a few times...

 

The claim should have been filled with the shipper when the buyer received the item in damaged condition. I wouldn't have shipped it again, now it's too late.

 

I know with USPS the buyer has to get the claim file going, I would assume the same would go with UPS. I have never dealt with UPS for a claim, but this is how it was done with the USPS when I had to do it a couple times.

Good luck with your claim, but more then likely your SOL.

It is things that happen like this that is why I no longer want to sell on eBay. It has gotten pretty scary since I last sold on it two years ago.
Lynn

 

I think having it sent back to you was a mistake. Should have had him send a picture of how busted up it was. Usually the buyer will file the claim with the shipper. UPS/USPS will inspect and needs to see the receipt from purchase to verify the amount. Having it sent back to you and resending was the mistake that complicated everything. Are you sure Paypal automatically refunded the money? Every time that I have dealt with them they wait to hear from both sides.. Did the original email go to your spam box?

 

PayPal puts the money in escrow. You have an opportunity to tell your side of the story before the money is lost. I have had 1000's of problem free transactions on Paypal and I have successfully defended the 2 PayPal disputes that buyers had opened. The buyer does not automatically win. Clearly tell your side without getting personal. It would help to have photographic evidence of the "as sold" condition of the part.

Ebay sellers must be careful how they formulate their descriptions and claims. Buyers are extremely vunerable to dishonest transactions and Ebay/PayPal are justified in protecting them. Shipping is a risky part of the transaction. You might claim and believe that title to the goods and shipping risk exchanges to the buyer when they are shipped, but in practice, the seller must insure that the goods are delivered in the condition that is claimed in the auction description.

 

Few things to cover your a$$ets in the future.

1.) Always ship ups and REQUIRE insurance

2.) Never except returns. ALL SALES FINAL

3.) All Damage Claims must be made immediately after arrival

 

This summer I sent a Coca Cola sign to a buyer who purchased it on eBay. I had the UPS Store pack and ship it. They did a poor job packaging it and it got bent. The buyer was mad and I was disappointed. He wanted his refund right then and refused to file a claim with UPS. I filed the claim and continued to ask for his patience. He became pretty nasty and didn't want to wait. I didn't want to refund the $ and be out the sign and $. After about 2 1/2 weeks, UPS issued me a refund check which I received one day after the buyer left me negative feedback saying I refused to refund his $, which was a crock of $%&. He just refused to wait for it and as a seller I couldn't leave him neg. feedback.

I just sold a '67 Mustang dashpad on eBay and it hasn't been the smoothest sale either. The buyer first said his account had been hacked, he didn't bid, but at the price he could still use the dash. After going to UPS and USPS for quotes, he has paid (I see the msg. on eBay), but it isn't showing up in Paypal.?.? The payment is "pending"? I don't sell much on eBay, and I think I am about done with it. It's a PITA.

 

I believe you can manually activate the "paid" icon. Paypal is showing pending? They could be paying with an eCheck.

 

Welcome to PayPal hell. I used to sell about $10K worth of snowmobile parts a month on eBay but got stung pretty bad by PayPal a couple times so I specified in my auction no PayPal. Then eBay changes their policy and will ONLY allow payment by PayPal or in person. I won't sell anything on eBay anymore just because of this. If I did, I would still put in giant red letters at the top of every auction description NO PAYPAL and if they still tried to pay with PayPal, I would leave the money in the PayPal account and wouldn't ship the stuff. PayPal sucks. eBay sucks. I'm getting bent just typing this. $10K a month loss in income is pretty tuff to choke down.