I sold an item on ebay and now the buyer has filed a case against me?

Question

In my description I didn't give mych detail but I stated that the item was worn once and also I have a no returns policy. I sent the item and received an email from the buyer saying the item was unwearable. I chose to ignore because I sent the item in a wearable condition. They then opened a case against me on ebay. I replied back to the buyer and reminded them of my no returns policy etc. I also made them aware I had packaged it in the best way and that I was a genuine seller. The item might not have been suitable size etc for the buyer which is the only reasoning I can think of for them wanting a refund. What are my options? What if the buyer had worn the item and ruined it and they are now demanding their money back?

Answer 1

Well if they've 'filed a case' with ebay then worst case scenario you get barred from ebay for a couple of months and might get some negative feedback (try to log in and your account will be rejected but one day it will just start working again because ebay wont ban you for life for anything less than repeated serious fraud!). If they paid through paypal then paypal may refund the money to the buyer and take it from you... Not a lot you can do about that but don't forget that's only if they take the buyers side. If you mean in court then it is really hard to prove either way, after all unless they filmed it being delivered and unwrapped (which would be suspicious) and unless you filmed it being wrapped and posted then its their word against yours. Things in your favour could be if you have time stamped photos (the originals) showing it in good condition taken shortly before you put it up for sale. If they have filed a legal case against you I would be surprised but it does only cost £25 to start a legal case in the small claims court so possible I guess. I've certainly used it to threaten companies and the wonderful thing is that the costs are covered by the loser so if you are sure you'll win then it's a great tool. Either way the key is communication, if you don't respond then whether it's ebay or court then it just looks bad and they will almost certainly take the buyers side. Reply to whatever communication you have received and state your case clearly and concisely, sticking to the points that matter Don't give your personal views but say something like "on such and such date I took photos in good condition, the item was then wrapped and not touched since the photos and then when they won the auction the address was added and it was sent tracked by royal mail tracking number: XXXXXXX. I made clear that I do not offer refunds in the advert as this is a second hand item however the condition of the item was as you can see in the attached photo's".



EDIT: Don't try to be clever and fake the timestamp because if they are the same photos you uploaded to ebay then they may be able to find out what the original timestamp was.



EDIT: You are also not selling the item professionally and as a second hand item the law is quite clear, buyer beware and of course all the distance selling regulations and sale of goods etc just don't apply to second hand sales.



EDIT: Actually I think if paypal/ebay award them the money back then they don't get to leave negative feedback as the sale never really went through...



EDIT: By timestamp I mean the regular data you get as properties of the file, it doesn't need to have the date written across the front of it like a security camera.

Answer 2

When selling items you MUST describe anything and everything. To do less is just inviting a dispute. Even if you win the case they can leave negative feedback which will severely hurt your selling abilities.

Answer 3

Ignore them ebay won't take action as you told them before they bought about the condition and packaging so don't worry they can't do much