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.
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?