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  1. #1
    Join Date
    Jun 2012
    Posts
    4

    Default eBay Buyer Falsely Claims They Did Not Receive Shipped Items

    My question involves a consumer law issue in the State of: Oklahoma.
    Thanks for viewing.
    Hello. First off let me say sorry if I have posted this in the wrong place.

    Let me explain to you why the fallowing is such a big deal. Me and my wife just had a baby boy about 5mths ago.

    Right now Im out of work and things are getting worse by the min. My tags are due on my truck - My insurance is past due - My DL is expired - A long with many other things.

    Im begging some one to lead me in the right direction.


    I recently solid some computer parts on ebay for 225$. I shipped the items just like I said. (I have proof) - Iv got the receipt and tracking numbers what the items weighed.

    After a few days the item arrived. When I got home that afternoon I had a email from the bayer. - We have a problem. I received 2 empty boxes today. One of them had the side opened and the other was torn to remove the contents. The one that was opened had a sticker from the postal service saying that it was delivered empty. I trust that you did not send me 2 empty boxes but I did not receive what I paid for.
    I think you need to refund my money and you can fight it out with the postal service. I will ship the empty boxes back to you. For future reference, you should pack items in a bigger box so stuff like this does not happen.


    I replied back -
    You will need to take it to ebay. I will not refund any money. You will also need to send pics of and copys of the letter.
    Thanks.

    I did this thinking maybe ebay would do a full investigation...
    What do you think happened???
    Ebay filled the case as a ITEM NOT AS DESCRIBED. NOT AS ITEM NOT RECEIVED.
    WHY DID THEY DO THIS> SO THEY DID NOT HAVE TO STAND BY THERE SELLER AND BUYER PROTECTED POLICY.

    You see I had tracking numbers -The fallowing is from ebays seller protection (To see this for yourself go to customer support- Click contact ebay - click shipping and read for your self the fallowing - If the shipping company confirmed the item was delivered, we consider this proof that you sent it. You're protected against cases when buyers claim they didn't receive the item. However, it has to be sent within your stated handling time, and you should've provided the tracking number to the buyer.

    What do you think happened next? Ebay said because the man received empty boxs so they filed it as item not as DESCRIBED. And what happens next??? They take my money and returned it to the man. With no proof what so ever - They would not show me any proof or any steps they took to prove what the man said was true.... I know have a 5mth old son who wont get the stuff I was planing on getting him - I wont get my tags or insurance or DL renewed.
    I talked with them for over 3 hours and informed and asked them HOW THE HELL CAN THEY SAY THE ITEM IS NOT AS DESCRIBED if he did not get the item and ebay keeps saying because he got empty boxs.
    I told them I did not sell the man boxs so there for if what he says is true he did not get the items. They keep saying they stand by there choice and will not help me.
    We all know what this is - Its a two way street and they took the one they could benefit best off of.

    I would not be upset if ebay had pursued the accusations and asked the man for photos and such (The buyer even said only one box was marked by USPS as being empty) Why would they only mark one? This must mean the buyer got the other one.

    I asked ebay to have the buyer return the boxs to me since they refunded his money (This way I could take it up with the usps)...They refused.


    I talked to ebay today and they said all they had him do is sign a affidavit and that was it.
    I talked with the USPS and they claim no such thing took place and the boxs arrived fine.


    Who should I sue? The buyer or ebay?
    What info would I need from the person Im suing?
    Do I have any kinda case?

  2. #2
    Join Date
    Jan 2010
    Location
    North East
    Posts
    1,969

    Default Re: Can I Sue

    Did you offer insurance on your auction?

    Ebay should have sided with you, but they won't. A tracking number provides information that a package was mailed and received. Insurance pays if the package was lost, stolen and in some situations, damaged in transit.

    Did they pay with PayPal and have you filed a claim with Paypal?
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,816

    Default Re: eBay Buyer Falsely Claims They Did Not Receive Shipped Items

    Quote Quoting Liquidfirex
    View Post
    (The buyer even said only one box was marked by USPS as being empty) Why would they only mark one? This must mean the buyer got the other one
    Are you stating that the customer opened the boxes in front of the UPS deliveryman and he confirmed that one of the boxes arrived empty?

  4. #4
    Join Date
    Jun 2012
    Posts
    4

    Default Re: eBay Buyer Falsely Claims They Did Not Receive Shipped Items

    @ Knoetall. Heres what i think happened. I think the man knew what he was doing. I think he has had a friend or such that knew what would happen in a situation like this with ebay.
    I think he knew ebay would not require any proof other then a a signed affidavit.

    I think one of the two things happened.

    A- Both boxs arrived *One marked by the USPS as empty* I Believe the other was fine and complete When he seen the one marked as empty - I believe he thought he could get away with opening a case with ebay a claiming both wear empty. (This is wear I fall back on my comment about him knowing how to do this.)

    Heres is why I think this. (If I had received empty boxs - I would open a case as item not received.) He opened the case as *Item not as described*
    Also once again Why would the usps only mark one box if both wear empty?
    I think he some how knew this was the key to getting something for nothing.


    I agree with Whosthatguy I should have had insurance. I wish now I would have - Iv shipped millions of times and have never had a issue. It cost 30$ to ship all of the items and 30$ was all I had to my name.

    Anther thing that bothers me is the fact that I payed the USPS to get a job done by taking my money they agree to do the job. I would understand insurance for the fact that things happen like items getting broke or damaged or lost but this dosnt fall in to any of those areas. If what the man says is true then some one at the USPS opened mail and stole the stuff out of them and then sealed them back up! Theft by the USPS. This is a federal crime.




    Anther thing that puzzles me. If the facts are as the buyer says and both items are empty.
    Some one feels lucky.

    When a item arrives at a USPS department the packaging is weighed (It is weighed when dropped of for shipping - and it is weighed at every depot until it gets on the truck for final delivery) At some point this item lost weight - So to find out who did it - all a person would have to do is find the last point wear it weighed the correct amount and then find the point wear it lost weight and right there in the middle are the ppl who could have took the items.


    Idk. How should I pursue this?

    Thanks guys!

  5. #5
    Join Date
    Jan 2006
    Posts
    27,738

    Default Re: eBay Buyer Falsely Claims They Did Not Receive Shipped Items

    If what the man says is true then some one at the USPS opened mail and stole the stuff out of them and then sealed them back up! Theft by the USPS. This is a federal crime.
    but you yourself said:
    I talked with the USPS and they claim no such thing took place and the boxs arrived fine.
    so, I would take that info and contact eBay and inform them the USPS said the buyer was not truthful and ask what info you could obtain from the USPS to support their (USPS) statement that the packages arrived in fine condition.

  6. #6
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    377

    Default Re: eBay Buyer Falsely Claims They Did Not Receive Shipped Items

    Have you reported this to the US Postal Inspectors? They will most certainly look into the actions of the postal employees who had control of the item to eliminate the possibility of internal pilfering. They would most likely have a report on their findings, which you would probably want to get hands on. It's amazing how stories can change when confronted with official documentation.

  7. #7
    Join Date
    Dec 2011
    Posts
    203

    Default Re: eBay Buyer Falsely Claims They Did Not Receive Shipped Items

    Hopefully you kept shipping or postage receipts.

    You should have something that shows the WEIGHT. And the amount of SHIPPING.

    Obviously there is weight that you paid to ship and should have that documented. I would sign my own affidavit and send that to eBay along with scans of the documentation. The big question I would raise with eBay is IF the packages were in the condition described, why were they accepted in the first place? After they were accepted, it is no longer your responsibility. Were they signed for?

    You simply can NOT sue the buyer or eBay. There is NO WAY to do that. Actually, there is one way, but it would cost you thousands of dollars and many months.

    The buyer should have reported the package problem to the post office and had it documented on that end.

    I sell on eBay, have an Amazon store, Buy.com, etc. and I always insure anything ovr $50.

    I shipped a $1,000 COD in 98 and the postal carrier actually let the buyer open it and switch the contents, and send it back. Nothing surprises me anymore.

  8. #8
    Join Date
    Jan 2006
    Posts
    27,738

    Default Re: eBay Buyer Falsely Claims They Did Not Receive Shipped Items

    Quote Quoting Conrad Hunter
    View Post
    Hopefully you kept shipping or postage receipts.

    You should have something that shows the WEIGHT. And the amount of SHIPPING.
    .
    Very good point. The guy didn't claim there was a brick in it or anything. Just that it was empty. Empty boxes don't weight much at all.

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