PayPal/ eBay Closed Case in Buyers Favour during Transit and Now They Have The Items and PayPal/eBay Refuse to Compensate

To me obviously a unfair decision knowing full well the items had tracking and was in transit when they ruled in favour of the Buyers. Sure the postage was going to be slower due to the Covid-19 but now I'm out of pocket 2 times with the buyers having the items and fully refunded by a ebay/PayPal case.

Anyway spoke to someone who know the legal system to a degree and he said : The Item was sold legally and it was a valid contract. Under contract law it is a breach of conditions.

I'm also aware that ebay/PayPal will have some rule or policy in place basically to protect themselves.

Any thoughts?

Comments

  • +2

    Can you detail what has actually occurred?

    • +6

      Why? That would make it too easy for everyone.

    • From what's written, I assume it's like this:
      - OP sold item on ebay with tracking number for delivery.
      - After past due date, the buyer raised a case and got refund from ebay/paypal.
      - After the refund, the item was actually delivered (presumably from the tracking status).
      - So now OP lost the item and the money.

      I actually had similar issue but from buyer perspective.
      I contacted the seller after and they offered me to pay half the price.
      So in the end it's kinda win-win for everyone. I got the item for half the price and the seller didn't loose all the money (probably got all the cost back).

  • Item was worth like $40….?

  • OP, we can't help you or give advice without you telling us what actually happened, in full.

    However, if you are having grievances with PayPal, which is not unheard of, lodge a complaint with AFCA

  • There won't be any problem if you've posted your items within your handling time as specified on your listing.

    From eBay:

    Some postage carriers are facing operational challenges that may impact your eBay deliveries. These situations are out of your control, and we want to ensure you can continue to sell on eBay with confidence.

    In addition to protecting your Seller Performance Standard from being downgraded between March and May 2020, we are putting the following measures in place:

    Stock Interruptions and Postage Delays

    We will automatically remove your Late Shipment Rate defects, Seller Cancellation defects and related Negative or Neutral feedback received for transactions between 1 March to 31 May 2020.
    Your Late Shipment rate and Seller Cancellation rate in Seller Performance Standards will be automatically adjusted.

    Item Not Received Claims

    Your item not received count (INR) in Service Metrics, along with any related Negative or Neutral feedback will be removed automatically for transactions between 1 March to 31 May 2020. To be eligible for this protection, you must fulfil certain criteria:

    You must upload valid tracking before the delivery is scanned
    On transactions where both seller and buyer are in the same country, the item has to be delivered within 10 days of the Estimated Delivery Date
    On international transactions, the item must be delivered within 30 days of the Estimated Delivery Date.

    • Yes they have there policy and rules but it does not override Australian Contract Laws which is the main point of the thread .

  • Sometimes shit happens. Shrug and move on with your life.

    • Yeap agree but will do some effort for them to justify the 12% total paid to them both on all my sales .
      Its basically only tiny %'s in the bottom line at the end of the day .

  • +1

    I had a similar thing happen, though way pre covid19. Buyer opened a claim while austpost was taking my parcel a trip around the country for almost 2 months. As the tracking didn't say "delivered", PayPal refund buyer. Luckily, a week or two after, tracking showed it was delivered, so I appealed and showed evidence. PayPal decided in my favour and asked buyer to refund the payment. However, they can't force the buyer to. After contacting PayPal again, they credited my account. Lucky for me, I had also initiated a claim with austpost. So I got my payment back, plus compensation from austpost for postage and item.

  • Can you please provide the date of the transaction, date of the INR and the delivery date?

    • Cases were around 1 month during the transit and delivery was 2-3 weeks after the case was closed .
      During the case I replied on the last date possible to do tactically all I could which was try to prolong the case and hopefully delivery would take place.

      • So are we talking about 6 weeks? I can see why the buyer didn’t want to wait that long for a local delivery.

  • -1

    How many $ worth? Financial services ombudsman.

  • Did the buyer open the case via Paypal Buyer protection or ebay 'did not receive' case? These are two different mechanisms. My experience with ebay is that they tend to listen to the seller's side of the story more than Paypal will. Although in this case, since the case was closed via Paypal, then ebay will probably be of no use.

    You could try contact your bank to initiate a chargeback.

    If the buyer knowingly opened the case and was now received the item for free then this appears to be fraudulent - you would probably have his name, address, Paypal email, etc…

    • The seller can't do a chargeback.

      • I assume the refund may have been processed via a card linked to Paypal if there wasn't a Paypal balance.

  • Happens all the time mate

    I had someone complain that the power supply included got broken (it wasn't broken when i sent it). I then arranged another one to be sent to him (from another ebay seller). Because it took too long, he whinged like a f**king baby, and Paypal gave him a full refund. So i was out for the item, the postage, and the new power supply

    I was unimpressed…

  • +2

    There are still some people around who have morals, and live an honest life.
    Contact the Buyer and ask them to forward you the money if they have received the Item.
    You never know your luck, they might be one of those honest people that live among us and actually send you the money.

  • I’d follow this up for sure. Appeal via eBay/PayPal and publicly ask via facebook or twitter why this happened.

    I put a small disclaimer on my recent listings “Due to the COVID-19 situation please note that delivery times might be longer than normal. I ask you are patient during this time”. Just to avoid this $***. Probably a good thing I did.

  • i'd just stick to gumtree/facebook marketplace in the future, nothing better than cash in hand. I hear too many of these similar stories to even think about selling on ebay.

  • Similar thing happened to me in the past with wf1000xm3 purchase, but I was on the buyer side.

    • Defective item was returned to the seller for replacement. Using eBay return case as per seller.
    • Seller confirmed it was defective and would send the replacement once I close the return case (return case deadline was close).
    • I refused to close the case as I would lose buyer protection if so, as per eBay customer service.
    • Instead, eBay customer service extended the return case so the seller have time to ship the item and for me to cancel the case once the item is received.
    • Seller happily sent the item with tracking shown in the return case page.
    • Item arrived 1 day before the return case deadline. I was going to close the return case but found out the case was already closed in my favour with full refund.
    • Basically in OP's situation but on the buyer side.
    • Messaged the seller and eBay customer service that I'm happy to return or repay for the item.
    • Seller said they will talk with eBay and for me to not worry about it.
    • Don't know what happened after but I wasn't changed. Free headphone.

    So, try messaging the buyer?

  • +1

    I was one of ebay top rated seller that paid ebay fee around $20k annually
    I sold many to oversea during the COVID time
    and then some buyers were very tricky and wanted items to arrive within 2 weeks although I clearly stated shipping was delayed so expect at least 1 month for the delivery
    After couple weeks then some tricky buyers filed the case with ebay and asked for refund. Somehow on ebay the estimated delivery time is just 10-14 days no matter what I chose in the listings
    Ebay refunded them no matter what
    And 1 week later items arrived!
    I asked buyer to pay for that or return my stuffs ( they are oversea, in US and AusPost is unable to return my parcels)
    All of them just simply ignored my requests
    Ebay ignored me and said cases were already closed and they couldn't do anything. Even though they said I could appeal if items arrived within 1 month after the refund
    Paypal had nothing to do with that
    So I lost my stuffs, refunded money, and could do nothing to them
    Better to be only within Australia this time
    Anyone succeeded with similar situations?

    • In my case, eBay sided with me. A buyer from the US opened INR case against me but eBay extended delivery date to further 35 days and closed that case. (Buyer received his item one week after opening INR case).
      I have posted the item within handling time as specified on my listing and provide the tracking number to eBay the same day.As long as tracking showing parcel is in transit between March and June, eBay will be sided with you.

      • What ebay did is just took my money no matter what :) You are lucky as other guys on ebay just copy and paste the replies

  • +2

    If this had happened to me, and I was the buyer, then I would have happily got in touch with the seller and paid him back the refunded amount.

    It's really sad that so many people lack such type of ethics, and are willing to 'steal' an item from another person.

    It is theft to keep the item and also the refund payment.

  • 2 Items the bigger one is approaching $400 total and a smaller one at $150 that was decided in the buyers favor while in transit but after cased closed eventually was delivered . Paypal have said in first contact no compensation will be paid . Ebay still asking for Australia Post receipts with address on it , if you do posting is not on the receipt .
    Currently have another case going with failed delivery buyer not at home that is still open worth just over $200 .

  • I once sold a hundred dollar item and went to Paypal to give her some of her postage back and I accidentally refunded the whole anount so I immediately contacted her by phone and she said I dont have a Paypal account and she kept all the money and the goods

    • I found a review of her business and posted a review but it was only a local review site, not Google

  • Found this similar to everywhere from Internet .. and it is interesting to read after decades of similar interesting here we go again stories

    Just a two cents
    3 facts from what observed from ebay point of view a completed transaction.
    1) ebay buyer = ebay customer
    2) ebay seller = ebay contractor / casual staff
    3) Most of 99% time the item for sale is abundance quantity (not sold out) and most of 99% time an ebay buyer/customer not buying those abundance item (if folks buy no promo, advertisement, marketing, voucher required)

    from above 3 facts and reality
    - if you are ebay and wanted to reduce risk eg claims and maximize profit/fees which parties will you close 1 eye ? and sacrificed the another parties for a completed transaction? due to abundance of them.

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