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Fraudulent Claims Of Defective Product - Ebay

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Pillar of the Community

United States
1000 Posts
 Posted 04/09/2017  5:11 pm Show Profile   Bookmark this topic Add Druu to your friends list Get a Link to this Message Number of Subscribers
I recently sold a piece of software on ebay. About a week after the buyer received it, he requested a return on ebay, citing the reason as "doesn't work or defective." This is untrue. He received the item intact, then falsely claimed he had issues after installation and that the software publisher told him to buy it directly from them. I spoke to the software publisher and was told that the license key and product code that I sent him had never been used to install any of their products.

I've reached out to ebay customer support, who have been utterly useless. They encouraged me to send the above information to buyer (I did) and hope for a response. Buyer is ignoring me (obviously) and ebay is just telling me to accept the return. I suspect that he will use the software credentials to install the product before sending it back after I accept the return.

I have uploaded images of the software credentials plus confirmation from the software publisher that they have never been used before. Does anyone know the evidentiary burden a seller must meet to have ebay decide in their favor? Everything I've read online and all of my interaction with ebay suggests that they're going to side with the buyer.

After I'm stuck accepting the return, do I have any recourse when buyer uses the software codes? I don't know whether ebay will compensate me, or if I'll have to attempt to get PayPal seller protection to do something about it. It's not a huge sale, but it's not a small sale either -- but it'll be a hundred bucks I can't use on something I actually want. As opposed to giving it to some scumbag in Alabama. (I don't think he's a coin purchaser, but if anyone wants his username to block, just send a PM.)
Valued Member
4504's Avatar
United States
379 Posts
 Posted 04/09/2017  6:42 pm  Show Profile   Bookmark this reply Add 4504 to your friends list Get a Link to this Reply
hello

sorry for your ebay difficulties, I know what you mean. I have been a member of ebay for many years and I have noticed a complete shift towards favoring the buyer. This includes paypal, which has been bought out by ebay for years now.

the end result is that, as a seller, you are completely screwed and have practically no rights or recourse. I learned that the hard way when I sold 3 vintage UNOPENED cartons of cigarettes. I said over AND over in my ad that these were UNOPENED cartons, and THAT I COULD NOT GUARANTEE THE CONDITION OF THE INDIVIDUAL PACKS INSIDE! AND, THAT IF THEY HAD ANY DOUBTS... DO NOT BID OR BUY ON MY AUCTION!

well, guess what. the buyer got the cartons, discovered that several packs were water-stained (they had been on the insided of an old fortune teller machine for decades), and filed a complaint.

I lost. it did not matter what I had put on my listing as far as buyer beware, I cannot guarantee the shape of the individual packages inside, that there was no returns, etc., because these were unopened cartons. I had to refund the buyer his money and got back now-OPENED cartons.

you cannot even leave negative feedback against a buyer, while they can fat-mouth you, untruthfully, to the nines on feedback. ebay has become the buyer's , because ebay and paypal get much more from buyers that they do from sellers. this is why ebay sellers nowadays practically BEG you to contact them before leaving negative feedback or less than 5 stars.

sorry, but that is the way it is. as a result, selling coins, I attempt to stay out of ebay. I am pulling my listing for several gold coins from ebay this week and am listing them with great collections... less fees, better customers ( ebay buyers are looking for great bargains, great collection buyers are looking for great coins).

just so you know you are not alone... mike




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Debrajc's Avatar
United States
4211 Posts
 Posted 04/09/2017  8:22 pm  Show Profile   Bookmark this reply Add Debrajc to your friends list Get a Link to this Reply
Sorry to hear that Druu.
Yeah...the buyer will probably get his way but I would document everything as you have and speak with a supervisor at ebay.
I know that if I were to buy software at a retail store I wouldn't be able to return it after it was opened.
Perhaps a supervisor may understand that.
Pillar of the Community
United States
1000 Posts
 Posted 04/10/2017  12:47 pm  Show Profile   Bookmark this reply Add Druu to your friends list Get a Link to this Reply
Update: When I asked ebay if I had any financial recourse if buyer ended up using the software code after I started the refund, they pretty much said they'd wait for it to happen and then deal with it. Obviously there's no system in place to protect the seller because their response started with something like "That's a good question."

No help from PayPal either, as their seller protection only protects the seller when the buyer opens a case using PayPal to file a claim against a seller. And even if buyer in this case did open a claim on PayPal, it would likely not be covered because the only thing seller is protected for is when the item is not returned in the same condition as it was received. In this case, PayPal would assume that the item was reported defective when buyer received it, so I should expect to receive a non-functional or defective product. They said if I received the item in a condition different from the condition that it was reported received, then I [i]might[/] qualify for PayPal protection. I suppose I'm to hope the buyer returns a pile of ashes and melted CD plastic.
Edited by Druu
04/10/2017 12:47 pm
Valued Member
United States
52 Posts
 Posted 04/10/2017  4:27 pm  Show Profile   Bookmark this reply Add scsaxe71 to your friends list Get a Link to this Reply
In regard to your question about code use, you might be able to keep the buyer from using the the software by seeing if the publishing company will invalidate the code before it gets used. The risk there is if the buyer returns the software and ends up being honest about not using the code. Unfortunately, Either way you'll be out the money. Something to consider.
Rest in Peace
Crazyb0's Avatar
10197 Posts
 Posted 04/10/2017  4:35 pm  Show Profile   Bookmark this reply Add Crazyb0 to your friends list Get a Link to this Reply
scsaxe, can the code use be monitored by manufacturer or distributer of software?
Pillar of the Community
United States
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 Posted 04/10/2017  6:13 pm  Show Profile   Bookmark this reply Add Druu to your friends list Get a Link to this Reply
@scsaxe71 I've spoken to the software provider on the phone, and it's possible to register the license key and product code to me. The problem with that is it seems to be fairly difficult to then transfer the product to another user. It is financial software, and some user experiences online suggest that the only way to transfer the license is to produce a bill of sale for the entire assets of a company, including the software license.

In this case, I'd have to hope that buyer is just making up an excuse to return the item. However, if buyer is indeed a scammer, I'm at risk when I receive the item and relist it for sale to recoup my losses (eBay's suggestion). ebay is further pressuring me to accept the fraudulent claim by helpfully notifying me multiple times that if I accept the refund willingly, I'll be credited ebay's final value fees as a goodwill gesture on their part.

At this point, I don't know who has worse customer service: ebay or United. At least if I was battered on my way off a plane, I'd receive public sympathy. Sellers get taken advantage of and ebay doesn't care.
Pillar of the Community
United States
1000 Posts
 Posted 04/10/2017  6:20 pm  Show Profile   Bookmark this reply Add Druu to your friends list Get a Link to this Reply
What it comes down to is, do I want to burn the license key and product code, or do I roll the dice that buyer isn't a scammer. Despite a 100% feedback score, he did receive negative feedback in the past as a seller. (I suppose I should have dug through his entire selling history before approving my sale to him?) He apparently sold a diamond cross that wasn't shipped until the buyer complained, then he shipped something that was sterling silver without diamonds.
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4504's Avatar
United States
379 Posts
 Posted 04/10/2017  6:36 pm  Show Profile   Bookmark this reply Add 4504 to your friends list Get a Link to this Reply
payal seller protection if the item is not returned in the same condition as received by the buyer?

even that does not hold water. I had sent the "buyer" UNOPENED cartons of cigarettes, and got back OPENED cartons, which diminished the values of the cartons, which were at least 4-6 or more decades old.

paypal did not even blink when I told them I got the cartons back in a different condition as when the buyer got them.

so, just to sum it up, as a seller, YOU HAVE NO RIGHTS! if you have coins to sell, attempt to go through another avenue, such as Amazon, selling your coins to a dealer or even to your lcs (as long as it is not one of those "cash for gold" places.

better that then to lose both your coin and the money you were supposed to be paid for it. hey ebay and paypal, enforce your own polices and get your heads out of your a**ses.
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4504's Avatar
United States
379 Posts
 Posted 04/10/2017  6:40 pm  Show Profile   Bookmark this reply Add 4504 to your friends list Get a Link to this Reply
btw, having 100% feedback does not mean what it used to mean. it is a totally worthless figure now, BECAUSE THE SELLER CANNOT LEAVE NEGATIVE OR NUETRAL FEEDBACK AGAINST THE BUYER.

Therefore, the "buyer" will ALWAYS have a fluffy 100% feedback. as referenced above, go to the buyer's "seller" feedback, if any, to see what your buyer is really like.
Valued Member
United States
52 Posts
 Posted 04/11/2017  11:06 am  Show Profile   Bookmark this reply Add scsaxe71 to your friends list Get a Link to this Reply
CrazyB0, If the software distributor is able to check for key usage, then I would suspect they would have some ability to monitor. However, the next question is will they. Druu said the company could register the code with him, but then that leaves the challenge of transfer.

Druu, at this point, you could just cut bait and run, register the code to prevent further usage, or hope the guy just wants out of the deal. If the distro company is willing to work the registration, maybe they would also be willing to assist with the transfer given the history of the sale. Sounds like they have the best customer service out of the three involved, at least they are willing to work with you. (E-Bay, Pay_Pal, Distribution company).
Pillar of the Community
United States
1000 Posts
 Posted 04/17/2017  9:21 pm  Show Profile   Bookmark this reply Add Druu to your friends list Get a Link to this Reply
Fraudulent-Claims-Of-Defective-Product---Ebay

Update: VICTORY! Sort of. ebay is still refunding the buyer, but out of their pockets and not mine. This still provides an incentive for buyers to fraudulently file claims to force a return since they still get the product without paying a cent. Obviously, this is of limited application because the cases where someone can return the physical product but maintain full usage are limited. However, this could be the case in situations where the item is worth too little to be worth sending back, i.e. you sell a coin for a small amount that is less than the cost of shipping back and forth.

At the end of the day, there is $6.65 less in my pocket than there should have been because I had to send buyer a return postage label, but that's better than being out $120+ in item value plus return shipping and eBay/PayPal fees.

How to do it: Absolutely BURY him with kindness. Buyer filed a claim April 5th. Between that date and April 10th (when I accepted the return), I send him four to five messages with helpful tips about troubleshooting. Contacted software manufacturer on his behalf, provided screenshots of that. Called software manufacturer, provided buyer with several help line numbers. Saccharine. Be nothing short of helpful, go above and beyond. Get ebay on your side.

When I spoke with a customer representative last Monday when I was finally approving the return, I was told that I would not be able to appeal the decision until I had received the item. ebay said they would then contact buyer for his side of the story. As I suspected, I received the item and buyer had used the license key and product code. I called ebay this morning and told them what happened, making sure they had my communications with buyer on screen as we spoke. I was put on hold for a few minutes, and they came back saying they would close the case in my favor. They didn't even reach out to buyer. I asked if I should upload manufacturer's information that the software was registered on April 9 when it was still in buyer's hands. No need, as the case was already closed in my favor so I couldn't upload pictures.

On an unrelated note, how stupid is buyer to use the code before I accepted the return? I knew it wasn't used when I first checked, and I knew it was used by the time I called today. I assumed buyer used after I accepted the return because it took them two or three days to get it to USPS. Honestly, I should have burned the code myself and complained anyway. I would get the money owed to me, and buyer would have gotten his money back without the ill gotten gains of my software.

Now to block buyer. And to start a ccf buyer blacklist.
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westernsky's Avatar
United States
7627 Posts
 Posted 04/17/2017  11:06 pm  Show Profile   Bookmark this reply Add westernsky to your friends list Get a Link to this Reply
As far as "Feedback" goes you can leave "Followup feedback" for a wayward Buyer. Yes, it does not have the impact of a big red donut, but you can say pretty much what you want and be as negative as you want. I have never had any Followup feedback that I have left removed by ebay.
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spru's Avatar
United States
12477 Posts
 Posted 04/17/2017  11:31 pm  Show Profile   Check spru's eBay Listings Bookmark this reply Add spru to your friends list Get a Link to this Reply
Hey Druu, I just found this topic. I'm glad to hear ebay stepped up to an extent and you lost very little for the whole ordeal (not counting time and headache of course).

I think you did everything humanly possible in the correct way to document the case and it worked out. I really had a feeling your suspicion of him registering the software before returning it was spot-on. Oh well, maybe he needs the software to keep track of his scam operation.
In Memory of Crazyb0 12-26-1951 to 7-27-2020
In Memory of Tootallious 3-31-1964 to 4-15-2020
In Memory of T-BOP 10-12-1949 to 1-19-2024
Edited by spru
04/17/2017 11:37 pm
Pillar of the Community
United States
1000 Posts
 Posted 04/18/2017  7:26 pm  Show Profile   Bookmark this reply Add Druu to your friends list Get a Link to this Reply
How do I leave follow up feedback? I haven't even attempted to leave normal feedback because I don't want to rile up the powers that be, especially since they already decided in my favor. Customer service told me that if the buyer leaves negative feedback, I'm just to call them for removal of it. Their message sounds like neither of us can even leave feedback?
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spru's Avatar
United States
12477 Posts
 Posted 04/18/2017  11:52 pm  Show Profile   Check spru's eBay Listings Bookmark this reply Add spru to your friends list Get a Link to this Reply
Their message does say that "any feedback left for this transaction will be removed."

I'd just be happy with the outcome, block the buyer and move on.
In Memory of Crazyb0 12-26-1951 to 7-27-2020
In Memory of Tootallious 3-31-1964 to 4-15-2020
In Memory of T-BOP 10-12-1949 to 1-19-2024
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