eBay Buyer Has Accused Me of Sending Him an Empty Box - Am I Stuffed?

OK, so I see there are heaps of threads about buyer/seller disputes on eBay, but I want to play too.

I sold a LEGO set on eBay last week. Brand new and factory sealed - in fact, it's one of those ones with a clear front panel where you can see the contents.

Not super high value, $60, and I accepted his offer of $50.

I sent it the next day via courier and it arrives about 48 hours later.

All tracking etc are in good order and listed in eBay/PayPal

Yesterday, I get a VERY theatrical "return request notification" with the text - roughly;

"I am outraged! I arrive home and I see this item at my doorstep and I get all excited, rip open the package and what do I get? Nothing. Absolutely nothing
except for an empty, stupid box! You decided to take out all of the parts, keep them yourself and send me this garbage. This is disgusting! I am lodging
this complaint in my frustration that how could you even think about doing this to someone. What, was it because I was shopping around and you gave me a
$10 discount, so you took revenge and took out the parts? I have included photos as proof of what you have done. I expect a full refund immediately and for
you to never do this again to anyone."

Accompanying the text are three staged photos of an empty box, surrounded by torn packaging.

Googling reveals that there are plenty of seller whinging about eBay/PayPal tending to favour buyers over sellers, and that sellers seem to cop it with scammy buyers. Are they right?

I haven't replied to the buyer at all.

BUT, I message eBay customer service chat and they seem really helpful. They say that they will look into this blokes account, and request from him a statutory declaration before proceeding.

I'm pretty happy with this - the dude's gotta be pretty brave to lie in a stat dec right?

I feel like eBay kind of have my back on this one, but now I'm concerned about PayPal - my understanding is that you can lodge a dispute with both eBay AND PayPal separately? And either can be in your favour or against?

I was thinking that I get on the front foot and contact PayPal like I did with eBay, but I don't want to open up a dispute (?) that I might lose/regret.

What would you do?

Related Stores

eBay Australia
eBay Australia
Marketplace

Comments

  • +29

    I'm pretty happy with this - the dude's gotta be pretty brave to lie in a stat dec right?

    You'll be surprised at what people will lie about for a few dollars…..

    • +16

      Yep I'm surprised that there are so many comments thinking this is beyond someone who has already tried to defraud the OP.

      • +2

        Agreed. I imagine he isn't stressed all, if he is indeed a scammer, and it's just business as usual

  • +1

    Maybe someone else stole it? Was the packaging already ripped when he got it?

    • +1

      He indicated in his message that he was the one who opened the package.

      • oh ok. Rip life.

      • +1

        Ask him if he had any Unboxing footage.

        Otherwise, let him know it becomes a case of "your word against mine", and tell him you actually have CCTV footage of the box when it was sent and the total weight. Tell him, if he were to pursue the cause you will contact the police and reporting for fraud. And ask him if he understands this, and that it may lead to him having a Criminal Record.

        All props go to Cheap Charlie. You better hope the buyer isn't reading this thread.

        • +1

          Would any sane person record unboxing a Lego set bought on eBay? The existence of an unboxing video for the purpose of selling refund is the smoking gun, and that's what happened here.

        • @mrau: I would if I received a large box weighing 50grams

  • +1

    Thanks for the post OP. Sounds like we have now got to where videoing the box being sent out by the seller has become part of life. The problem is someone in the post office may have taken everything out of the box and then rewrapped it. The reason I prefer dealing with bricks and mortar stores is the crap associated with deliveries.

    • Sounds like we have now got to where videoing the box being sent out by the seller has become part of life

      This is exactly what I do.
      If using PayPal I ask the purchaser to use the send some one money feature.
      I do not list on eBay and sell items only on scumtree and FB Marketplace.
      Faceless Fraud

    • I've had a courier or someone along the chain steal a brand new Tomtom I bought a few years ago. The only reason I didn't think it was the seller was I'd bought from seller previously, even in person once, and knew that seller wouldn't try and scam me . In the end the seller claimed it on insurance, and I never found out who stole it. In this instance though, it's sounds like the buyer is the scammer.

    • They weigh the packages along the line. If it changes weight the package gets flagged. Presumably to stop theft/drugs.

      Edit: not sure if applies to all post services.

  • +10

    We have some 300-400 sales a month on EBay and believe me, it is a one sided playing field - in favour of the buyer.

    Firstly, the EBay rep. in the Philippines will promise you anything but deliver nothing. As far as having the buyer bring sent a stat. dec. I have NEVER heard of this happening. As a seller you can ring EBay several times and be lucky to get the same answer twice, they just say things to keep you happy and get rid of you.

    As soon as the buyer opens an Item Not As Described case it is all over. EBay will block funds in your PayPal account and very soon thereafter refund the buyer.

    • +1

      I had to fill out a stat dec over fake shoes I got once got.
      Still didn’t get my money back

  • +1

    Ohh LEGO maybe the mail man stole it

  • +1

    I had a similar experience last month. Scumbag buyer opened a request and claimed that the box was damaged. He attached some photos and it clearly shows the box/bubblewrap/wrapping paper was cut out. I contacted Australia Post and got a statement from the driver that he did not recall any damage and also that he hand delivered it to the house occupants. When I confronted him with the correspondence, he didn't say anything and just let the case close automatically.

    The icing to the story is that the account had 0 feedback. He also used his main account to message me in regards to the damaged parcel.

    • +4

      Another problem with selling online damage to items. Tried to take my ebay business seriously, found my self wrapping items for hours so Aus Post wouldn't destroy em not fun

  • +78

    Rather than ask them to sign a stat-dec saying they didn't steal it, ask for a stat-dec to assist with the "prosecution of a postal employee".

    ie.

    I weighed the package before sending, so it definitely left my house with the lego in the box, and I'm very upset to hear that it was empty when it arrived.

    The only place where it could have gone missing was the Aus Post employee, so in the next few days I'll be putting in a police report to log the theft.

    Are you able to go down to your local police station and sign a stat-dec stating that it arrived empty and provide that to me please? That will help assist in my report to my local station.

    The penalty for false decelerations is 4 years, so your evidence will be taken very seriously by police and will help assist tracking down the postal employee who may have taken it.

  • +1

    I had a similar story of a scammy buyer - selling item, buyer offered less, I accepted, because i wanted it gone, sent item, buyer said the item was fault, multiple emails, demanded that I fix the issue (i.e. compensation), I just told him to use the paypal returns program and never heard from him again.

    but OP, I reckon you are screwed. paypal will side with the buyer.

  • +3

    that's retarded. who would post an empty box?

    • +2

      And how dumb is the guy for picking it up and not noticing it weighed nearly nothing, before he opened it?

      • -4

        packages can be delivered to your front door

        • +1

          So what? He would still have to pick it up. Unless he opened it by kneeling down on the ground.

      • +3

        But some of the smaller Lego kits are very light, maybe it wasn't a really noticeable difference

        • +3

          And a $50 Lego kit probably has about 5 pieces in it.

  • +11

    Sounds like a case for Judge Judith Sheindlin

    • +5

      The people are real.
      The cases are real.
      The rulings are final.

      • Wait a sec… You're telling me that the people who act in Judge Judith Sheindlin are real?! Damn, I always thought it was CGI!

  • I think if ebay makes a decision (based on evidence or lack thereof) then that same eveidence and information would be able to be shared with paypal. Sp if ebay decides in your favour, you will probably be fine. Also, the buyer probably won't bother with going to paypal also (unless they are a seasoned scammer and/or really desperate to make $60) .
    It is possible that the item was stolen by postie/courier. Also possible someone could have got to it while it was on doorstep.
    Maybe report it to courier company (especially if the buyer is willing to sign a stat dec stating the box was empty) . Check if courier company has some insurance or discretionary funding for situations like this. I know Aus post, even without paid insurance, can issue a small amount 'at their discretion' when goods are damaged or go missing.
    Ebay does tend to take buyers side in most cases, at least to the extent where ebay offers 'buyer protection' and ebay will refund the buyer from ebay funds. Maybe they will refund him, but if they still believe you, they may have an option not to recoup the money from you. It is only $60, so its a small loss for ebay, in the interest of keeping your goodwill as a customers. Worth a try, if seller buyer does end up getting a refund from ebay buyer protection.
    If they are lying, this is not usually easy, but there are ways of proving someone is lying. When someone lies, they then have to tell more lies tp cover the original lies, and when this starts happening, you can possibly prove that they have lied at some point (like when they claim something to be true which is either impossible or just doesn't add up) . At that point, you can then reasonably argue the likelyhood that they are lying about other alleged events. Catching someone out and proving they lied is not easy though, the more you can communicate the better though, more chance they will slip up.

  • +4

    Hahaha, I love how exaggerated the email is!

    People who do this to other individuals are the scum of the earth. Stealing from a company? Not victimless, but you're not literally taking money out of a single identifiable individual's wallet. This is no different to robbing someone in the street.

    What state does he live in? I'm sure there's an OzBargainer out there who's as intolerant of bullshit like this that I am. If he's in Melb I'm happy to shit in his letterbox for you.

    • +3

      It's funny how stealing from a company feels completely different to stealing from an individual. Recently I had a large number of items for sale, and accidentally sold the same item three times, one paid cash and picked up and the other two paid bank deposit. Now, when I realised, it would have been very easy to keep the money, but the moment that thought occurred to me, I felt physically sick. I got their bank details and sent their money back. Yet, on self serve checkouts, if something refuses to scan I don't bother calling over the assistance person and just chuck back in my trolley instead. Or if I find something wedged in the corner of the trolley when I get back to my car, I don't go back and try to pay for it. I feel zero anguish about this whatsoever. Is it because I have been on the other end of a scamming seller, so don't want to subject someone else to that, but I've never had the experience of being a supermarket? Who knows, but it's something real.
      I don't know how people who actually deliberately scam people can feel right about it. They must have zero empathy - it doesn't take a lot of imagination to place yourself in your victim's shoes, you're both regular people buying and selling things.

      • +3

        It's because there's no direct victim (for me at least, I completely identify with what you're saying above.)

        That said if I knew the person was a shit person like the one scamming OP, I'd happily roll them. Two wrongs make a right after all!

  • +3

    Reply to him, or he will get a refund by default.

  • +1

    It's the oldest trick in the book and eBay are onto scams.
    Does his account have a lot of feedback or is it new?
    Have you sold a few things before? If you have, then you wouldn't risk your account for the sake of this one sale.

    Once they've lodged a eBay complaint. They can't lodge a PayPal. That's what I've always read.

    The buyer should be lodging an item damaged or lost if the item was tampered with, then auspost can show them the weight when scanned or whatever if that's possible. I'm sure they have systems to keep them from being scammed as well.

    People claiming eBay only protect buyers have no clue.

  • +2

    I hope you win. Judging by the story the buyer wrote, it wouldn't surprise me if he lied on a stat dec.

  • Similar thing happened to me 12 years or so ago. Luckily my credit card company refunded me. My account is still banned with PayPal.

    I just opened another the next day in the wifes name.

    I hardly do anything through paypal ebay wise anymore.

    Not worth it.

  • +1

    Tomorrow, take a dump, dry it under the sun, put it inside an amazon box, and ship it to him. They guy will get scared opening another box for the rest of his life.

    • +3

      Make sure the box is under 500gms. Only $7.95 with Auspost.

    • At the risk of being behind the bars because someone attempted a fraud on you?

      No Thanks.

      • -1

        How would you get caught? Auspost doesn't require the sender's address to be on the box. If you are worried about CCTV you could just buy $8 worth of stamps, stick them on the box and put it in the red Auspost box on the road. It's all hypothetical though. I do not endorse anyone doing this.

        • -1

          Mate, you suggested it, so you automatically endorse it.

        • +2

          @mrau: I didn't suggest it. It was blaccdong. I was just pointing out how someone could end up with poop in their mail without any method to trace it back to the sender. Would be a shame really.

      • Genuine question. Delivering shit can put you behind bar? What if i say it was a giveaway?

        • +2

          It'll probably fall under some odd offence of using a carriage service to menace or harass.

        • +2

          Biohazardous materials. I'm sure it's against the law to put them in the post.

      • It won't be an eBay transaction, just an early xmas gift delivery from a stranger :)

    • +2

      Better still, put it in a milo tin and sit it by the hot water heater a while before sending.

    • +2

      There is a company that will send poo anywhere in the world. www.shitexpress.com there's actually a few of them.

  • Wow, this is some doggy shit. I would be calling the couriers and asking them about this as well. Get the customer to write a stat dec and write one yourself. Send both to the couriers. They might wear the cost of the item (what you paid) which might be higher than what you sold it for. This will only work if you bought a cover or up to $50 with Auspost. Best of luck and keep us posted.

    • Wow, this is some doggy shit.

      Thats a great idea if he wins. Send him a little reminder of his "doggy-ness" every few months.

      • +1

        I'm trying Grammarly. Dodgy, that's what I typed.

        • +1

          I use grammarly premium for all my academic writing and it is excellent, absolutely worth the money. I had to turn off the chrome extension though, I was sick of it correcting colloquialisms - the language bank isn't Australian enough and I am a bit of a bogan.

        • @shtgnjns: I am using the free version. It makes weird suggestions and the error lines are not under the word that is spelled incorrectly for some reason. They were initially but not anymore. It could be a Chrome-related issue.

          It's a little pricey for an autocorrect service. I hope they read this and offer a deal for Ozbargain. Do it Grammarly!

  • to answer your question, "can lodge a dispute with both eBay AND PayPal separately?"

    If you already have a PayPal case open and try and open a case on Ebay you will get an error saying you already have a case open on PayPal.

    No idea if it will work the other way around but i doubt it.

    • I think now, there is only eBay resolution. So you can't raise eBay cases on PayPal anymore. It will redirect you to eBay and tell you to contact eBay. So should be good there.

      • I bought an item in November as a xmas gift. When the item fell apart on first use I tried to open a case on paypal as ebay only cover you for 30 days which had already passed. Paypal wouldn't let me so I had to dispute via ebay and the case automatically closed with no resolution. After that I was able to open a paypal case and get my money back.

  • -2

    Lol i'd send him back a ''i know people who can come to your house and break your face'' message and he'll back off. Some people in this country need to be slapped around a little as they think they know it all.

    • +6

      Dont do this in writing lol. Just say something like "I have some aquaintences who woild like to pay you a visit to talk about what you say happened. When is a good time for you?"

  • -7

    Neither Ebay nor PayPal will take sides when it comes to an snad. They will simply rule that both parties are right and wrong at the same time. They’ll ask the buyer to return the item and the seller to issue a refund. This will return both parties to their original state or as close at it can be before the transaction took place.

    • +1

      So the buyer will return the empty box?

      • -7

        The buyer return what was delivered.

        • +4

          Which according to the buyer, is an empty box.

        • +4

          @whooah1979: Did you even read the OP?

        • -2

          @RohBoat:

          "return request notification"

          op has stated that the buyer opened a return request. ebay will ask the buyer to return the item for a full refund.

          the procedure to return an item can be found in this link.
          https://www.ebay.com.au/help/buying/returns-refunds/returnin…

        • @whooah1979: Except OP says they didn't send an empty box.

        • -3

          @RohBoat:

          All indications is that this is a return request and not an snad. Ebay should allow the buyer to return the item for full refund as long as the buyer follows the instructions they’ve been given.

        • +2

          @whooah1979:

          What about this situation are you not understanding?

          If the buyer returns the item they are claiming to have received, the seller will receive an empty box. This means the seller would be out of pocket as the seller says the sent a full box.

        • -2

          @Cubist:

          ebay's return process isn't difficult to understand. the buyer opened a return so they understand. op sounds like a power seller and should know how it works.
          https://www.ozbargain.com.au/node/371150?page=1#comment-5822….

          you can find the instructions on how to return an item in the link.
          https://www.ebay.com.au/help/buying/returns-refunds/returnin…

        • +2

          @whooah1979:

          Here's a scenario to simplify what is going on.

          You have a gold nugget.

          You sell me that nugget for $1000.

          I pay you $1000.

          You send me the nugget in a box.

          I say the box arrived but had no nugget.

          I keep the nugget for myself.

          I raise an eBay claim saying I received only the box.

          eBay tells me to send back what I say i received.

          I send you back the empty box.

          I receive my $1000 back.

          You receive an empty box.

          You now have an empty box in total.

          I now have a gold nugget, and $1000 in total.

          In what world is that a desired outcome for you?

        • +1

          @Cubist: We should buy something from whooah1979 and wait for him to send us an empty box ;)

        • @Cubist:

          we would list the item factoring in the cost of a potential return/loss/damage which is on average between 2% to 3.5%. the listing price would be set at $1105.

        • +2

          @whooah1979:

          You inflate the list price of your item by 11% in order to recoup your 2-3.5% loss on claims? Interesting strategy.

          Sometimes it's better to admit you were wrong than to change your argument 10 comments down the track.

        • +1

          @whooah1979: once the buyer sees your happy to take a hit, he'll continue to buy and scam you under multiple usernames and addresses- very soon you'd have to allow 100% markup or more to cover your losses, and you'll never get another legit buyer

  • +1

    I would call Judge Judy

    • She would call him an outrageous person

      • +4

        Baloney!

  • +5

    U r stuffed. Paypal always sides with the buyer.

    This is why I hate paypal.

    • Not true. I used to buy from all sorts of dodgy places with paypal until one day I lost a paypal dispute where a datacenter wouldn't end my promised 7 day free trial "because you already paid". They then hounded me for a $50 'fine' for opening the paypal dispute lol

  • Get the guy to sign the stat Dec then tell him you have got evidence that the item was sent complete

  • +8

    Coming up in the next thread from another user…

    ”I lied in a stat dec form, am I in trouble if I get caught?”

  • +3

    Happened to my mate before. Sold a Kylie Minogue CD for over $1000, buyer said they received an empty box. Paypal/ebay sided with buyer but my mate took them to court was a long process and probably not worth it for you. Do not let the scumbag win. I would remove the funds from my paypal now, unlink your credit card and bank account and if you have to go into a negative paypal balance they technically can't do anything. You can always just open another paypal account.

    • +16

      They should be so lucky

    • It sounds like you won the case, congratulations!. Out of curiousity, on what basis?

      • Just from memory, they already removed the money from paypal account and possibly have already spent it (didnt expect that cd to sell that much), so they had a negative paypal balance and paypal was trying to get the money back, but they had proof of weight being recorded and the post office employee actually saw them packing the CD and so took them to court.

    • How the hell does a Kylie Minogue CD sell for $1,000.00…

  • +1

    I recently sent a very expensive used racing bicycle to Mexico. The buyer paid with PayPal. I took photos of the packing process, the serial numbers, the box, and even the truck picking it up and it getting loaded.

    There was no way I was getting scammed. Lucky I didn't need it and All worked out. Sad that we need to take such lengths to cover ourselves.

    On the other hand, I recently had a faulty product that the seller said wasn't warranty. PayPal complaint later and I actually get my consumer rights enforced.

  • +46

    OK, so some updates for you all (because how lame is it when someone starts at thread and doesn't follow up!)

    Thanks everyone for your input I really appreciate it.

    I have mentally resigned myself to losing the $50. From here, I commit to gaining $50 worth of education/experience and perhaps mild entertainment!

    So I have this persons name address and phone number and with not too much internet stalking have ascertained they are basically a kid. Somewhere in the vicinity of 18 years old. Makes sense with the hyperbolic letter I guess. Also makes me think I can scare him a little easier.

    I can also confirm that eBay customer is useless and yes, they pretty much say anything to make you go away. They have however, after some prodding and waiting and asking them to go over previous transcripts they they will require a stat dec from this fellow if I can't come to an agreement with him. Not convinced, but I'll use it to my advantage now.

    Here is my response:

    *Dear ****,

    Thank you for outlining your extraordinary story.

    I need you to know that I sell a large number of items on eBay and that the scam you are trying to pull off is quite common.

    All items at by business are packed, weighed and photographed before going out to dispatch.

    The weight of the package has been cross referenced with the courier company that delivered your parcel. The courier also weighs all of their parcels at the distribution centre to ensure that the correct delivery rate is being paid by senders, and to
    minimise accusations of fraud against their drivers.

    Some of my items are quite high value, so you can see why this would be important for me to minimise fraud. You will see from my profile that I have been a member of eBay since 2003, so I understand how the platform works.

    Given you have processed a “return request” I will accept your return if you wish. You will be required to send the original item back to me including all the original packaging.

    The weight of your returned package will be checked against both my records, and the records of the courier.I have no doubt that the records will show that the package was received by the courier at the correct weight.

    I have discussed your case with eBay customer service, and if the issue is not resolved by April 11th they will step in.

    As a favour to you, I will let you know now that in this case – eBay will require you to provide them with a signed statutory declaration stating that you received an empty boy. Please note that making a false statutory declaration is a criminal offence and can have severe life-long penalties.

    Should you wish to pursue this matter, I will be providing my photographic evidence, my statement and the evidence of my courier *to the police and pursuing you to the fullest extent of the law. *

    Please let me know how you would like to proceed.

    Have a nice day,

    *N**

    • +5

      Nice email, it should scare him enough to fold. Just hope he isn't an OzBargainer.

    • in future maybe you should weigh & photograph and get the post office to weigh it too.

    • +4

      drops mic

      Heck even I'm scared after reading all that and I'm not even involved

      • +8

        Wait, I shouldn't do what I can to stop a scammer in case you find out who I am and lose trust in me?

        That idea is very confusing to me, but OK.

Login or Join to leave a comment