Questions about a recent Ebay/Paypal dispute

[norkusa]

Okay, here's the deal. Just sold a Simpsons Tiger LCD watch on Ebay over the weekend. It's new & sealed, so I sold it 'As-Is' since I had no way to test it:

http://cgi.ebay.com/The-Simpsons-Tig...item3a5425f71c

The guy gets it yesterday (he requested $33 EMS shipping to the UK) and sent the following message:

hi, received the watch today though upon inspection there are 2 faults with it which were not stated in the auction listing which are, the card the watch is on is bowed at the top end and there is a crack in the plastic packaging on the right hand side, had i had known this i would not have bid so much as being a collector condition is everything. regards paul

Okay. I took front & back pics of the item. You can see the crack in both but maybe he didn't notice it. As for the 'bowed' top end, I didn't even see it. So I write back with this reply:

I'm sorry but I don't believe I was dishonest or untruthful with the item listing. I said the watch was new & sealed, which it was and took front and back pics of the packaging. This small crack is visible in both pictures so I don't understand the problem. If you're a collector and condition is so important, you should have asked specifics before bidding on a 20 year old item.

So today he files a 'New Significantly Not as Described' dispute with Paypal and is requesting a $20 refund but the entire amount of the auction + shipping has been deducted from my account in the meantime.

Do I have a chance of winning this claim? Since it seems like Paypal sides with buyers and screws the sellers most of the time, I'm guessing no. Should I just refund the guy $20 to shut him up? What would you guys do if this was your auction? I'm worried if I don't give him the $20, that he'll file a chargeback with Paypal and I'll be out the entire $61 + shipping AND my item.

[ryborg]

I'm worried if I don't give him the $20, that he'll file a chargeback with Paypal and I'll be out the entire $61 + shipping AND my item.

What? No, that's not how things work. If he files the dispute, he ONLY gets the money if he mails the item back, with tracking, and you receive it. The same rules apply here as they do for sellers, meaning if he doesn't use tracking and it gets "lost in the mail," he cannot win the dispute and the money will be returned to you.

It sounds like he's just trying to extort $20 from you, hoping you're scared of facing a dispute. This is becoming more and more common and the only way to fight it is to continue with the dispute. This EXACT scenario happened to me last week, and the guy (from Germany) declined to send the item back and lost the dispute.

[megasdkirby]

Exactly as ryborg stated. This is an extortion attempt, as seen in another topic (I think Oobgarm was the seller).

I see this as a way for the buyer to intimate and get quick cash from what they think is a vulnerable seller.

As ryborg stated, the buyer MUST return the item back to you. Even if the claim is elevated, the buyer must return the item back to you anyway.

And I am pretty sure he won't ship it back, as it may be too expensive.

You might get a negative, though. But at least you won't loose your money (I would think).

[Damaramu]

What's with all this extortion bullshit? I wonder if it's the same guy doing it?

[rpepper9]

I agree, stick with the claim, they will have to send it back in order to get anything from you. I wouldn't say they are being an "extortionist" at this point, and I would keep the comments back and forth to the buyer calm and non-accusing.

Let PayPal take it's course. If you have tracking that says the item arrived and the description matches what you sold, then you have just as much of a stake in the claim as they do. And they would have to send it back to get their money back, so at least you would be able to re-list the item.

I agree that it seems like people are filing more and more complaints lately. Anything to get a buck back. I had a lady file a "significantly not as described" claim against a sale I made. Paypal decided in my favor and closed the case. Then she filed a chargeback. Her credit card company then filed a chargeback, which PayPal declined. The CC company then filed another chargeback, for some reason PayPal let the second chargeback go through. The funny thing is that since PayPal had already decided in my favor, and the transaction qualified for seller protection, PayPal had to eat the entire 89.00 amount!

HA Ha, write that one down all you PayPal nay-sayers, PayPal actually had to shell out for that one!