Update 27/7! ebay member: les_univers_de_steven_et_marie

[kitkatvintage]

I agree that you've handled this well! Hoping for the best for you!

The buyers name looked familiar & after checking my ebay stuff, I see that she messaged me but didn't bid on my auctions... lucky for me or I could be dealing with this same silliness as you.

[SweetScoops]

The buyer just opened a 'Not as described dispute' on Paypal. I'm pissed right now since it makes paypal freeze my money, - wich I need to buy Scarah!

And she sent the message: "-So if you wanna do it on the legal way."

LEGAL!? It's her using feedback extortion and beeing darn right impossible! >

So now what? Should I escalate into paypal claim or "continue to communicate" with this person? since I've never done this before, what happens if I open a claim?

[babystarz]

She escalated on Paypal rather than eBay? That's odd. Here is my advice:

Type out your planned replies but don't send them - post them here first so we can give you advice and make sure you don't accidentally say something that would cause Paypal to close the case in the buyer's favor.

In your first response, I suggest you include the following:

1. You have already offered repeatedly to give the buyer a full refund upon receipt of the pony, and you are still more than happy to do this.
2. The buyer has tampered with the item buy gluing the pony back together, which means she has most likely already voided her claim. Be sure to include her message to you via eBay about it:
"Hello,
I really want to keep this pony because i'm looking for him for so long and I have fix his head again. It's not very pretty because of the glue. So I will add a ribbon."

Continue to be polite, firm, and unemotional in your correspondence. And at this point, stop sending her any messages. Only respond to the Paypal case through the official channels, where communication is being monitored.


I am SO sorry that your experience as a new seller is continuing to cause you so much stress You are trying the best you can to offer options that are fair to both you and the buyer, and she is trying to take advantage of you. It's clear she won't be reasonable with you so at this point I do believe that escalation is the best option.

[babylofty]

0.o Jeebus, what a...something I can't say here.

   Her attitude absolutely sucks.  The one thing that gets me though, is if she KNOWS the value of this pony, and she really did slice the head off....what was her motive? Get the pony and the money and make a run for it? She got that pony for WAY less than it normally goes for...she's going to be petty over $35?

I'm really sorry your dealing with this - I'm not sure what do with this - I'm tempted to say escalate a paypal claim, but I'm not sure if anything is going to happen if you do that. She's absolutely stonewalling on a resolution here, and that's on HER, not you.

Personally, if you decide to just throw up your hands and walk away from it - I would watch her very closely for...the next year or so - I have no doubt she'll simply try to resell the pony for much more than she paid - because she knows how much this pony is worth.

[Cinnabar]

I think with the "item not as described claim" she opened with Paypal she will have to return the pony to you for a refund. The refund would be issued once Paypal has confirmation of delivery of the returned pony.

[SweetScoops]

Should I mention the feedback extortion in my message too? this is what I've written so far, I have'nt sent it yet:

I have repeatedly offered the buyer to return this pony for a full refund. Still the buyer insist on a partial refund – wich I am not [according to ebay rules]  required to offer. I am still more than happy to offer the option return for full refund!

The buyer has since the arrival of the pony tampered with it’s condition by gluing it back together. This is the message the buyer sent me confirming this:

Jul-14-12 01:29 AM
"Hello,
I really want to keep this pony because i'm looking for him for so long and I have fix his head again. It's not very pretty because of the glue. So I will add a ribbon."

As said; I’m still willing to offer the buyer full refund upon receipt.

Kind Regards
-Magdalena

----

And again, thank you so much for your support in this! I really don't know what I would have done without you <3

[Skeen]

I think with the "item not as described claim" she opened with Paypal she will have to return the pony to you for a refund. The refund would be issued once Paypal has confirmation of delivery of the returned pony.

That's true, but if she sends it back then she's sending it back in worse condition than she received it, which SweetScoops can prove, and I don't think ebay/PP would side with her because of that.  You have to send something back in the same state you receive it, and if she cut the head off and reglued it badly......

[SweetScoops]

I think with the "item not as described claim" she opened with Paypal she will have to return the pony to you for a refund. The refund would be issued once Paypal has confirmation of delivery of the returned pony.

That's true, but if she sends it back then she's sending it back in worse condition than she received it, which SweetScoops can prove, and I don't think ebay/PP would side with her because of that.  You have to send something back in the same state you receive it, and if she cut the head off and reglued it badly......

What happens if this is the case? :/

[ponylady]

They most likely will side in your favor.  And you will not have to refund her.

[Yurusumaji]

Even more sad, if she really did fubar the gluing of the head and it looks as bad as she says it does, she has in turn devalued the pony even more so than when the head was simply detached. She should have waited until you two had resolved her issue before gluing the head back on.

I can see her side of it, as well. She gets this pony, its head is off, you offer a partial refund and then double-back on that. As a new seller, you live and you learn. Always consider all factors before making any offers when dealing with damage/not as described claims. A lot of people go to eBay looking to rip sellers off, now that eBay no longer protects sellers at all and always rules in the buyer's favor.

I am also interested that the seller went through PayPal. It will be curious to see if you can win this case and if maybe you don't lose (as much) money if she returns a damaged item. eBay, however, would have ruled in her favor regardless and given her a full refund. The fact that she brought it to PayPal could play in your favor. Good luck!

[RockinPrettyBeats]

Be sure to keep telling Paypal that the item is no longer how you sent it. They can't force you to take a return once this happens. They might tell you to inspect the item once you get it back but then you will just confirm what she said in the message.

You might have to do a lot of calling to win. But she said straight out that she tampered with the item. This is a major no-no.

[babystarz]

I'm not 100% sure if the feedback extortion will matter to Paypal, but it certainly wouldn't hurt to include her threat about that as well.

[Unicorn_pops]

I bet that's why she used paypal to file the claim instead of ebay. She was scared because she threatened you through ebay. You have some great advice! Good luck with everything!

[Maniah]

If I were in your shoes, I would call Paypal and talk to someone there about the claim.. Reply to it and all, but don't rely on just the claim process. Call and talk to a real person about what is going on. They can give you advice and facts WAY sooner than waiting through the process can. And you never know.. You talk to a real persona nd they look it over then and there, maybe they will decide to wrap it up right then.

[ponylady]

Maniah is right.  I would phone Paypal. 

I also would make sure to tell them you have photo's and written proof that she tampered with the item(gluing it's head back on).  They honestly will be better at advising you on what you should do.

I don't think it would hurt to phone ebay either, so they are aware of the situation.