Need Help with Nightmare Ebay Transaction

[LilTazzy]

Hello everyone, I am desperately looking for advice on a nightmare Ebay transaction and am hoping someone here can help.

To make a long story short -- a adolescent who was at my home accessed my Ebay account through my phone and made a purchase for a tablet for over $700. I did not know this until I received a text message from UPS saying a package was being delivered. I then did some investigation and found out what had occurred. The adolescent's mother certainly cannot afford the tablet, did not want her child to have it, and I do not have any need for the tablet. I contacted UPS and inquired about refusing the package. They told me to put up signs by my door indicating that I was refusing the package. Despite 3 signs by my door, the driver left the package. I then immediately went online to Ebay and requested a return. The only choice that I could pick that fit closest with the circumstances was that I was returning the order because it was purchased by mistake. Seller immediately denied the refund.

I then filed a complaint with Ebay and returned the package (on the same day I received it), un-opened to the UPS store, and asked that it be returned to the sender. In the meantime, the seller has messaged me on Ebay telling me that I am a fraud, a POS, etc. and that he will never refund my money. The package was returned to him on 2/12 and I again requested a refund. He refused and told me he needed to see a copy of my credit card statement, in addition to hurling other insults at me.  I have contacted Ebay 6 times and was finally told today that they have ruled in the seller's favor.

The funny thing about this is that the seller is a heart surgeon who lives in a very prestigious area of Florida and I am sure makes at least $700 for a half hour of work, while I am a public servant who makes $700 every 2 weeks. I do not understand why he is allowed to keep my money and keep the product, which was returned to him sealed, un-opened, and un-used. Perhaps I am missing something here. Any advice would be much appreciated. Thank you!

[Gronnie]

Absent a police report for the unauthorized purchase you aren't likely to get your money back.

[Villanelle]

This is not the sellers fault or their mistake.  I think they are correct about that.  What they make per hour is entirely irrelevant.  It's no more fair to commit fraud against a rich person than a poor one.  And I understand why he's not interested in dealing with you after you tried to make your problem his problem.  That said, I would reach out, apologize profusely and let him know that I let my anger and frustration at this kid boil over to him and I shouldn't have done that, and that I'm hoping he will consider mailing the item back to me, at my expense of course (pre-paid) because I did pay for it. 

I'm not sure why you mailed it back after the seller had denied the refund. 

The kid essentially stole from you.  If you want to file a police report, do so, but even that is unlikely to get your money back and since he doesn't have the item, the police can't confiscate it and return it to you.  I would likely tell the kid that they owe me $700 and will be coming to my home every Saturday to do chores at minimum wage to work off their debt.  Weeding, mopping my floors, folding my laundry, raking leaves in autumn, scrubbing my patio, washing my car, etc. 

[Samuel]

Seems like you made a huge mistake in sending the package back before working with the seller on a potential resolution.

From the seller's point of view (and Ebay's, it sounds like) this was a legitimate sale that was concluded at the delivery of the item. I basically agree with them. You allowing someone else access to your Ebay account isn't really their problem, but if you had approached it nicely perhaps they would have worked with you.

You can always go after the teen and their parents for the money but now that you don't have the tablet to give them in exchange for the money that might not fly either.

I would apologetically contact the seller again and ask to pay a modest amount to either have them resend you the tablet or your money (minus shipping costs and a modest fee for their inconvenience in having to list and sell the item again).

EDIT: Villanelle and I apparently are on the same exact page on this.

[dandarc]

Dispute the credit card charge. No need to involve eBay or this person in Florida.

Edit to Add: "I did not authorize this purchase" - that's all you need to say. If they ask about the product, tell them it did arrive and I returned immediately - here's the receipt.

[LilTazzy]

OP here, thanks for the replies. I guess I don't understand why it's okay for him to keep my money and the product. I guess I'm missing something....

[draco44]

I agree with the others that this is not the seller's fault, and that it was likely a mistake on your part to mail the item back prior to agreeing with the seller to the terms of a refund. Yes, it would have been better if the seller wasn't rude to you, but if a crime was committed, it was identity theft by the adolescent, not improper seller behavior. I think your anger at the seller is misdirected.

Sellers on Ebay are not required to accept refunds. Did the listing for this item say the seller accepts return? If not, you are out of luck as a buyer unless something is wrong about the item itself, like that the seller badly misrepresented the condition of the listed item. Ebay tends to side with buyers in these dispute cases, and many sellers have tales of being shafted by dishonest customers.

If a seller does accept returns, they still don't have to automatically accept returns in every case. If the item has shipped, the way things usually work is that you get refunded the item price only IF the seller accepts returns, you've submitted a return request through Ebay's system, and the request has been accepted by the seller, after which you mail the item back. You typically have to pay shipping, and sometimes a restocking fee as well, for returning an item. Similarly, if the item has not yet shipped, the the seller is not required to cancel the transaction.

From the perspective of Ebay, a transaction was duly and fully completed by the seller. Then entirely separately and outside of Ebay's system, you mailed the seller a present. Your perception of the seller's wealth has no bearing on them owing you anything.

In this situation I would be furious with myself for being lax about password security, and with the adolescent for stealing from me. I 1-up the suggestion about the adolescent working off their debt to you over a week of Sundays. Aside from the monetary element, that young person needs to learn for their own sake that what they did was wrong and that actions have consequences. Long term, I think you'd being doing them a favor by taking this identity theft seriously.

[LilTazzy]

OP here again - I don't want the package because I didn't order it and I never said I wanted the seller to ship it back to me again. All I am asking for is a refund since he has gotten his product back, unopened and unused.

[Cranky]

This is an issue to take up with your cc company, because someone stole your card info. You’ve started at the wrong place.

[hdatontodo]

Google for credit card household member unauthorized

[MudPuppy]

I think that was clear in your initial post. You’re running through plans here. The first plan was to return. That failed because the seller declined and eBay deemed it not the sellers fault that you left your account logged in on an unlocked device. Second option, which is more work for you but the only thing you could have controlled, would have been to resell the tablet yourself to recoup the cost. Than plan failed because you mailed the item back even though the seller said they were not accepting it back. Now you dispute the charge and hope the credit card agrees without asking for proof you didn’t authorize. If that fails, you pretty much just have to accept the life lesson and move forward.

[Samuel]

OP here again - I don't want the package because I didn't order it and I never said I wanted the seller to ship it back to me again. All I am asking for is a refund since he has gotten his product back, unopened and unused.

The seller didn't want the product back and did not agree to it's return. You took it upon yourself to ship it back a non-returnable item without any agreement or contract covering it. I suppose you could argue in court that given the context the seller had to know it was a misguided return attempt and not a gift, but it'll cost you more than $700 to test that theory. A reasonable seller would probably agree to send it back again if you paid for the shipping but it sounds like the communication here was pretty acrimonious so that door may have closed. I would still try a sincere apology and offering to pay for shipping it again.

You're not getting your money back from Ebay or the seller because neither did anything wrong. Don't you at least want the tablet so you can resell it and recoup most of your money?

[Tester]

OP here again - I don't want the package because I didn't order it and I never said I wanted the seller to ship it back to me again. All I am asking for is a refund since he has gotten his product back, unopened and unused.

The seller getting the product back does not mean he has to refund, at least this is what it seems from the Ebay response to you.
If you send me a package with a tablet why would I pay you?

You did not order it but EBay only knows it was delivered as per their rules, the seller knows the same thing.
It is not their problem.
Also, it is not their problem that you sent it back.
Unfortunately this is only your problem and you need to fins a solution you can implement, as it looks like neither EBay or the seller will find a solution for you.
Contact the credit card company about this before it is too late.
Also, change your phone password/don't store credit card information in apps which can be used fot purchases.
I would also have a talk with the person who did it and present thw worst consequences and work with them on smaller consequences as I think they are in danger of making bigger mistakes.

[AMandM]

OP here again - I don't want the package because I didn't order it and I never said I wanted the seller to ship it back to me again. All I am asking for is a refund since he has gotten his product back, unopened and unused.

I understand and I sympathize, but the unfortunate fact is that the seller is under no obligation to give you what you want.

"All you are asking for" is for him to change his policy to suit you, in spite of you knowing what the policy was.

It's your job to protect your account from unauthorized users. You slipped up on that, so you're responsible for the teenager's purchase. The seller is not required to change his policies so that you can avoid the consequences of your mistake. His policy was no refunds for orders placed by mistake.

He's also not required to change his policies just because you decided to mail the tablet to him knowing that it was not refundable. Once you had been told there was no refund, the transaction was concluded and the tablet was yours. You mailing your property to him doesn't oblige him to pay you for it.

[dandarc]

The good advice on this thread is the one-sentence "report the fraudulent transaction to your bank". The seller did nothing wrong (aside from being a jerk it sounds like), but neither did the OP. Expanding to a whole separate paragraph:

Getting money back from the bank that issued whatever card this fraudulent transaction happened on is typically easy. Unless you've got a reputation for reporting a bunch of unauthorized transactions, the default position is going to be "ok we need the following information - here's your money back. We may be in touch for further information as we investigate."

[Model96]

LilTazzy you went about this the wrong way. What made you think the seller, ebay etc would accept your actions without an explanation and polite request first? In fact, it actually says a lot to me that you are posting here as a guest......wanting kindness without any commitment from you much?

[dandarc]

Good catch @Model96 - I didn't even know you could post without an account here.

[erutio]

Agree with contacting your CC company about getting your money back.  This is usually very simple and in this situation would not be against the Terms of Service.

Next, you should be directing your anger at the little shit who did this. Chores sound appropriate.

[Kris]

This has nothing to do with the seller. More fool you for sending it back to them. That was jerk behavior. If you want the item back, you could contact the seller, apologize, and offer to pay for postage to have it shipped back to you. You could then, in turn, try to sell it on eBay yourself to recoup some of the loss.

[Villanelle]

OP here, thanks for the replies. I guess I don't understand why it's okay for him to keep my money and the product. I guess I'm missing something....

He told you you couldn't return it.  Then you mailed him a package with something in it.  That wasn't a return, since he'd already told you you couldn't return it.  So it was just you mailing something to someone.  Morally, I don't think it's okay, but those seem to be the details so I understand why Ebay didn't force him to return your money.  From their POV, he did everything asked of him.  He mailed the product that was ordered.  His obligations were met.  So as far as Ebay is concerned, he has done nothing wrong.  Then, you mailed someone an ipad for basically no reason, with no agreement for them to pay [back] for it.  It's like you mailed a stranger an ipad then asked them to pay you.  Why would they?  Why would they send you money for an item you mailed to them, totally unsolicited?  That's what you did here.  You mailed someone an ipad with no agreement for them to give you anything in return, and now you are trying to set a price and demand payment.  It doesn't matter that the person is the one who sold it to you, or that you are demanding the same price you paid for it. 

You can certain try with your credit card company, but you haven't reported it to the police so claiming it was a fraulent charge doesn't really work.  And you were sent an ipad, so you can't claim the seller committed fraud. 

[Samuel]

The good advice on this thread is the one-sentence "report the fraudulent transaction to your bank". The seller did nothing wrong (aside from being a jerk it sounds like), but neither did the OP. Expanding to a whole separate paragraph:

Getting money back from the bank that issued whatever card this fraudulent transaction happened on is typically easy. Unless you've got a reputation for reporting a bunch of unauthorized transactions, the default position is going to be "ok we need the following information - here's your money back. We may be in touch for further information as we investigate."

Sure, if the OP is willing to name the known perpetrator of the fraudulent act (the teen) or lie to the investigators about knowing who did it.

$700 may be below the threshold at which they investigate aggressively but I'd expect them to at least ask for a statement on how this happened.

[NextTime]

OP here, thanks for the replies. I guess I don't understand why it's okay for him to keep my money and the product. I guess I'm missing something....

He told you you couldn't return it.  Then you mailed him a package with something in it.  That wasn't a return, since he'd already told you you couldn't return it.  So it was just you mailing something to someone.  Morally, I don't think it's okay, but those seem to be the details so I understand why Ebay didn't force him to return your money.  From their POV, he did everything asked of him.  He mailed the product that was ordered.  His obligations were met.  So as far as Ebay is concerned, he has done nothing wrong.  Then, you mailed someone an ipad for basically no reason, with no agreement for them to pay [back] for it.  It's like you mailed a stranger an ipad then asked them to pay you.  Why would they?  Why would they send you money for an item you mailed to them, totally unsolicited?  That's what you did here.  You mailed someone an ipad with no agreement for them to give you anything in return, and now you are trying to set a price and demand payment.  It doesn't matter that the person is the one who sold it to you, or that you are demanding the same price you paid for it. 

You can certain try with your credit card company, but you haven't reported it to the police so claiming it was a fraulent charge doesn't really work.  And you were sent an ipad, so you can't claim the seller committed fraud.

I’ve had to file a claim for fraudulent charges with the cc company a few times, At least once for > $700, and not once did They tell me to report it to the police. Maybe this situation is different, but I don’t know that a police report is required for this, unless the cc company requests it. 

[draco44]

OP, I wish you luck with the credit card company if you go that route, but to me this wouldn't be made right unless the adolescent was somehow held accountable for their actions. What does their mother think of all this? I'd be mortified if my kid did something this stupid. And illegal. I stand by my suggestion that lots and lots of chores are in order.

[charis]

Put this way, if the teen had purchased the item with your card at the mall, but it was a final sale/non refundable item (as is the case here), would you return to the store with the item (unused/open), place it on the counter, and after the clerk tells you, sorry no refund, walk out of the store without the item and later question why the refund wasn't issued? I mean, you "returned" it, right?

No, that would be absurd.  The place that sold the item to the someone who stole your $ to buy it doesn't owe you anything, the thief does. The fact that the thief is poor and you don't need the item doesn't change that. 

Refuse the credit card charge or go after it from the person who stole it from you. If that fails, try reselling it yourself.

[six-car-habit]

  A bit of a cell phone novice here, as i don't own one, and therefore don't have any 'apps' .

 So typically when i buy thru E-bay , I need to log into the site under my username with my password  .
   Find some item, Agree to buy the item, and it used to be,  I paid thru Paypal , where i had to put in a 2nd password to access the Paypal account. Then verify the address to ship it to.

  Is the Gist of theft / access here that the OP left the phone out +  the Neighbor kid found it, +  the cell phone was left with the app 'engaged' , and this app was a basically a folder full of accounts with associated passwords ??  and because the app was engaged, it pre-filled in the account name and password- once the Neighbor kid went to the E-bay site ??

  How was the Neighbor / kids friend supposed to get the tablet --by riding past Op's house on his bike everyday in the hopes he'd see the package on the stoop , then he'd swoop in and take the package as long as it was reasonably laptop shaped ??     Otherwise it seems as if the neighbor kid might be expecting help from "inside" the house...

 

[shuffler]

In fact, it actually says a lot to me that you are posting here as a guest ...

Good catch Model96 - I didn't even know you could post without an account here.

I don't think you can.  I think that's what's displayed after the user deletes their account.

I wouldn't expect OP to respond any more.  I'd guess they didn't like the responses they were getting.

[Adventine]

Yes, it looks like OP deleted their account.

And I was about to chime in with, why was OP focusing so much on the dispute with the seller, when they should have been much more focused on confronting the adolescent who made the purchase and that teen's parents.

Doesn't add up.

[norajean]

Have you considered maybe the boy needed the laptop? How about giving it to him instead of the greedy seller?

[Dicey]

Have you considered maybe the boy needed the laptop? How about giving it to him instead of the greedy seller?

Wow, I am surprised at the strength of the gut reaction I'm having to this response. No, one does not steal. If the kid "needed" it, he/she could have done chores in advance to purchase it legitimately. "Need" absolutely does not equal "Entitlement". Had the person in question lifted your laptop from your home or car, would you still be inclined to show the benevolence you're suggesting?

OP has to take responsibility for their part in allowing this to happen and for their response. It's an expensive life lesson and much of their anger is misplaced.

[ChpBstrd]

Ask the seller to return the tablet to you. Pay for shipping. Resell the tablet to cut your losses at least in half. If you put a bargain on Facebook or Craigslist - i.e. $100 less than value, someone will haul it off for you by the next day. You might only lose $200 on the deal (postage and depreciation).

Second, take a look at your IT security - the root cause of this problem. Do you have devices laying around that can be accessed without a password/fingerprint? If so, you're lucky the teenager didn't log into your brokerage account and bet your life savings on GameStop. Imagine that you know your house will be burglarized tomorrow and all your devices put in the hands of criminals. Secure your devices accordingly.

Finally, "let it go". Dumb shit happens and costs us money. You lost the equivalent of what some people burn on getting a new cell phone each year, going to a restaurant one more time a month, opting for the "appearance package" on their new car, or a few months of cigarettes or wine. If my net worth only changes up or down by $700 in a day, it was an unusually calm day on Wall Street. You'll recoup the money by being lucky in some other way, or perhaps you already have.

[norajean]

Have you considered maybe the boy needed the laptop? How about giving it to him instead of the greedy seller?

Wow, I am surprised at the strength of the gut reaction I'm having to this response. No, one does not steal. If the kid "needed" it, he/she could have done chores in advance to purchase it legitimately. "Need" absolutely does not equal "Entitlement". Had the person in question lifted your laptop from your home or car, would you still be inclined to show the benevolence you're suggesting?

OP has to take responsibility for their part in allowing this to happen and for their response. It's an expensive life lesson and much of their anger is misplaced.

I guess I'm not really convinced there was stealing intended. The story doesn't really make sense to me.

[Cadman]

Looks like the OP has flown the coop, but I would have been curious if the communication with eBay had been actual phone calls, or simply web communication. In my experience, a buyer can return almost anything for any reason and the seller must oblige or there are serious repercussions, up to and including eBay invoicing the seller for the item's value up to 60-days later.

[mistymoney]

can you really dispute the charge on your credit card without involving the teen who made the purchase?

I was involved in a disputed charge once, they are quite thorough. Mine was for maybe 70, not 700.

[Tester]

Looks like the OP has flown the coop, but I would have been curious if the communication with eBay had been actual phone calls, or simply web communication. In my experience, a buyer can return almost anything for any reason and the seller must oblige or there are serious repercussions, up to and including eBay invoicing the seller for the item's value up to 60-days later.

I am always communicating through e-mail and I am making sure they know that I am doing that in order to have proof. It is funny how many impossible things over the phone become instantly possible when you use e-mail or even better paper.

Regarding EBay forcing the seller, if you mark the product as non refundable you are not required to refund?  I don't know if this product was refundable or not, but even if it was refundable it might be that the reason for refunding was not met.

I have two products for sale on EBay and I am not accepting returns. It is written on the offer page.

[dandarc]

Looks like the OP has flown the coop, but I would have been curious if the communication with eBay had been actual phone calls, or simply web communication. In my experience, a buyer can return almost anything for any reason and the seller must oblige or there are serious repercussions, up to and including eBay invoicing the seller for the item's value up to 60-days later.

I am always communicating through e-mail and I am making sure they know that I am doing that in order to have proof. It is funny how many impossible things over the phone become instantly possible when you use e-mail or even better paper.

Regarding EBay forcing the seller, if you mark the product as non refundable you are not required to refund?  I don't know if this product was refundable or not, but even if it was refundable it might be that the reason for refunding was not met.

I have two products for sale on EBay and I am not accepting returns. It is written on the offer page.

Many years ago I can't tell you how many times "will ship to USA only" were on that listing, auction ends and in comes request to send whatever it was to Nigeria. I obviously did not honor the transaction - no payment received, no product sent. But in response to my request to try and get out of the eBay fees associated with that "sale", eBay somehow decided blocking my account was the best way to handle it.

So OP's story rang false compared to that experience and what I've read elsewhere - eBay siding with the seller seems to be a very rare thing.

[charis]

can you really dispute the charge on your credit card without involving the teen who made the purchase?

I was involved in a disputed charge once, they are quite thorough. Mine was for maybe 70, not 700.

You can dispute any charge, but it will be investigated by the credit card company and it may not be successful. I assume they would attempt to contact the unauthorized user of the account during the investigation, I'm not familiar with how they do it.

[KarefulKactus15]

I get the seller not refunding. It's common for people to steal from sellers via refund on electronics by mailing back a phony or broken item and saying that's how it was when they got it.    No refund.  That would be my policy also.

And mailing it back was just stupid tbh.  If I walk in and dump my shit in the wall mart floor, they aren't going to chase me down to refund. 

Also - what's up with the little thief? That's a big problem and needs to be corrected asap. If it was intentional and not accidental, some interaction with the police would probably be good.  Little scared straight action.


But as others said OP has vanished so our responses don't matter much.

[Villanelle]

OP here, thanks for the replies. I guess I don't understand why it's okay for him to keep my money and the product. I guess I'm missing something....

He told you you couldn't return it.  Then you mailed him a package with something in it.  That wasn't a return, since he'd already told you you couldn't return it.  So it was just you mailing something to someone.  Morally, I don't think it's okay, but those seem to be the details so I understand why Ebay didn't force him to return your money.  From their POV, he did everything asked of him.  He mailed the product that was ordered.  His obligations were met.  So as far as Ebay is concerned, he has done nothing wrong.  Then, you mailed someone an ipad for basically no reason, with no agreement for them to pay [back] for it.  It's like you mailed a stranger an ipad then asked them to pay you.  Why would they?  Why would they send you money for an item you mailed to them, totally unsolicited?  That's what you did here.  You mailed someone an ipad with no agreement for them to give you anything in return, and now you are trying to set a price and demand payment.  It doesn't matter that the person is the one who sold it to you, or that you are demanding the same price you paid for it. 

You can certain try with your credit card company, but you haven't reported it to the police so claiming it was a fraulent charge doesn't really work.  And you were sent an ipad, so you can't claim the seller committed fraud.

I’ve had to file a claim for fraudulent charges with the cc company a few times, At least once for > $700, and not once did They tell me to report it to the police. Maybe this situation is different, but I don’t know that a police report is required for this, unless the cc company requests it.

But did you have to explain the situation?  For me, that's where it would likely go sideways for the OP.  Maybe not, and it's worth a try as long as s/he is honest about what happened. But she can't say she ordered something and didn't receive it, and once she says it was an order placed with her account, I think they might ask a few questions.  Maybe not, but it seems a strong possibility. 

[alcon835]

OP here again - I don't want the package because I didn't order it and I never said I wanted the seller to ship it back to me again. All I am asking for is a refund since he has gotten his product back, unopened and unused.

Just want to point something out since this hasn't seem to come up: What the seller did was legal - his device was purchased, he shipped it, and it arrived. He is covered. What you did is actually illegal. Without an agreement, you shipped something to an individual and then demanded that individual pay for the item (i.e. the refund). This is super illegal and is the reason why people get to keep accidental Amazon deliveries.

If the seller had agreed to a return/refund, that would have solved your problem (and would have been an ideal solution for you) but there is nothing that requires the seller to offer a refund and it is clear that isn't something he agreed to. Sending him the device back and demanding payment for it is illegal, so you are stuck there.

Your only next real course of action is to file a police report and press charges against the family for theft. With that, you can likely dispute the charges on the credit card and get a refund, but now you are opening the family up to the credit card company and potentially the authorities to go after them. They may or may not.

You'll need to think long and hard about what you want to do here. I personally suggest you count this as a $700 mistake and you have the child come over once a week at minimum wage and do chores for you until the debt is paid off. This seems like it protects the family and teaches the child a lesson in not stealing!

[bacchi]

The good advice on this thread is the one-sentence "report the fraudulent transaction to your bank". The seller did nothing wrong (aside from being a jerk it sounds like), but neither did the OP. Expanding to a whole separate paragraph:

Getting money back from the bank that issued whatever card this fraudulent transaction happened on is typically easy. Unless you've got a reputation for reporting a bunch of unauthorized transactions, the default position is going to be "ok we need the following information - here's your money back. We may be in touch for further information as we investigate."

+1. The OP didn't order the item, didn't authorize the ordering of the item, and therefore shouldn't pay for the item. The OP tried to fix the problem in what seems like a fair manner but the seller refused.

Dispute the charge, tell the bank that you didn't authorize the transaction, and work from there.


It's like a goddamn ebay seller's convention in here.

[iris lily]

OP here, thanks for the replies. I guess I don't understand why it's okay for him to keep my money and the product. I guess I'm missing something....

He told you you couldn't return it.  Then you mailed him a package with something in it.  That wasn't a return, since he'd already told you you couldn't return it.  So it was just you mailing something to someone.  Morally, I don't think it's okay, but those seem to be the details so I understand why Ebay didn't force him to return your money.  From their POV, he did everything asked of him.  He mailed the product that was ordered.  His obligations were met.  So as far as Ebay is concerned, he has done nothing wrong.  Then, you mailed someone an ipad for basically no reason, with no agreement for them to pay [back] for it.  It's like you mailed a stranger an ipad then asked them to pay you.  Why would they?  Why would they send you money for an item you mailed to them, totally unsolicited?  That's what you did here.  You mailed someone an ipad with no agreement for them to give you anything in return, and now you are trying to set a price and demand payment.  It doesn't matter that the person is the one who sold it to you, or that you are demanding the same price you paid for it. 

You can certain try with your credit card company, but you haven't reported it to the police so claiming it was a fraulent charge doesn't really work.  And you were sent an ipad, so you can't claim the seller committed fraud.

I’ve had to file a claim for fraudulent charges with the cc company a few times, At least once for > $700, and not once did They tell me to report it to the police. Maybe this situation is different, but I don’t know that a police report is required for this, unless the cc company requests it.

But did you have to explain the situation?  For me, that's where it would likely go sideways for the OP.  Maybe not, and it's worth a try as long as s/he is honest about what happened. But she can't say she ordered something and didn't receive it, and once she says it was an order placed with her account, I think they might ask a few questions.  Maybe not, but it seems a strong possibility.

I recently filed a claim with my credit card company about a vendor who never shipped the product. So this is fresh in my mind.

They asked me if I lent my card to anyone or if I know who used my card. I was able to answer no truthfully to both questions.

The OP will not be able to answer no to those questions. I imagine the conversation with their credit card company will be different than the conversation I had with my credit card company.

[Tester]

The good advice on this thread is the one-sentence "report the fraudulent transaction to your bank". The seller did nothing wrong (aside from being a jerk it sounds like), but neither did the OP. Expanding to a whole separate paragraph:

Getting money back from the bank that issued whatever card this fraudulent transaction happened on is typically easy. Unless you've got a reputation for reporting a bunch of unauthorized transactions, the default position is going to be "ok we need the following information - here's your money back. We may be in touch for further information as we investigate."

+1. The OP didn't order the item, didn't authorize the ordering of the item, and therefore shouldn't pay for the item. The OP tried to fix the problem in what seems like a fair manner but the seller refused.

Dispute the charge, tell the bank that you didn't authorize the transaction, and work from there.


It's like a goddamn ebay seller's convention in here.

So you are giving the same advice other people gave, to dispute the charge with the bank as EBay won't refund it, but you are saying we are siding we EBay.

Again, the OP did not order it, did not authorize it, but it was purchased with her credit card.
EBay and the seller don't know who uses a card, they know what card was used and.that they delivered the item.
With no lost card report and the owner of the card sending the item back, it is hard to make the case of receiving a refund, especially if the seller listed the product with no refunds policy (we don't know if this is the case...).

So, the only solution is for the OP to try to do what is in their power, and the only thing seems to be to dispute the charge with the credit card company.

Advice given by me too, besides pointing out that EBay and the seller are not responsible for this.
Yes, a different seller kight have behaved differently, but it does not matter, "could have/should have" are not solving the problem... What matters are the ways the OP can resolve the problem...

[bacchi]

The good advice on this thread is the one-sentence "report the fraudulent transaction to your bank". The seller did nothing wrong (aside from being a jerk it sounds like), but neither did the OP. Expanding to a whole separate paragraph:

Getting money back from the bank that issued whatever card this fraudulent transaction happened on is typically easy. Unless you've got a reputation for reporting a bunch of unauthorized transactions, the default position is going to be "ok we need the following information - here's your money back. We may be in touch for further information as we investigate."

+1. The OP didn't order the item, didn't authorize the ordering of the item, and therefore shouldn't pay for the item. The OP tried to fix the problem in what seems like a fair manner but the seller refused.

Dispute the charge, tell the bank that you didn't authorize the transaction, and work from there.


It's like a goddamn ebay seller's convention in here.

So you are giving the same advice other people gave, to dispute the charge with the bank as EBay won't refund it, but you are saying we are siding we EBay.

Correct, more-or-less.

Again, the OP did not order it, did not authorize it, but it was purchased with her credit card.
EBay and the seller don't know who uses a card, they know what card was used and.that they delivered the item.
With no lost card report and the owner of the card sending the item back, it is hard to make the case of receiving a refund, especially if the seller listed the product with no refunds policy (we don't know if this is the case...).

Yeah, the OP messed up. They should've disputed the fraudulent charge, reported a stolen card, and told the seller to deal.

Instead, the OP tried to make it right and is getting the short end. That's what is fucked up about this entire thing.

[Cranky]

I think the way that the OP could have made it right was to report the credit card “theft”, though.

So, if the user was the neighbor kid and OP doesn’t want to involve the police, the OP needs to give the family the choice of paying the $700 or have the issue reported.

[AMandM]

Instead, the OP tried to make it right and is getting the short end. That's what is ###### up about this entire thing.

I don't see it as "the OP tried to make it right."  I see it as the OP tried to avoid the consequences to her/himself of her/his own mistake.

[MudPuppy]

Agree, @AMandM

This OP is mad at eBay and the seller, when neither of them is at fault for what happened. OP didn’t want to hold teen accountable, which is their choice. The bank doesn’t HAVE to treat this as fraud if the OP first, but they might not ask for proof (which OP wouldn’t be able to produce). If they do ask for proof, the OP is out of options of people to hold accountable other then themselves.

[onecoolcat]

OP here, thanks for the replies. I guess I don't understand why it's okay for him to keep my money and the product. I guess I'm missing something....

It wouldn’t be but you’re the one who mailed it back when you could have kept it. Why should the seller go out of his way (and spend his money shipping it back to you again) to correct your mistake?

Because he got a huge windfall.  It’s a crappy situation for all and OP certainly did not handle this the right way but seller is not entitled to keep the money and the tablet because OP totally flubbed the situation.

[MoseyingAlong]

OP here, thanks for the replies. I guess I don't understand why it's okay for him to keep my money and the product. I guess I'm missing something....

It wouldn’t be but you’re the one who mailed it back when you could have kept it. Why should the seller go out of his way (and spend his money shipping it back to you again) to correct your mistake?

Because he got a huge windfall.  It’s a crappy situation for all and OP certainly did not handle this the right way but seller is not entitled to keep the money and the tablet because OP totally flubbed the situation.

Doesn't sound like the OP ever even asked for the tablet back. They just wanted to force a refund.
The seller may have been amenable to shipping it back at the OP's expense.

[onecoolcat]

OP here, thanks for the replies. I guess I don't understand why it's okay for him to keep my money and the product. I guess I'm missing something....

It wouldn’t be but you’re the one who mailed it back when you could have kept it. Why should the seller go out of his way (and spend his money shipping it back to you again) to correct your mistake?

Because he got a huge windfall.  It’s a crappy situation for all and OP certainly did not handle this the right way but seller is not entitled to keep the money and the tablet because OP totally flubbed the situation.

Doesn't sound like the OP ever even asked for the tablet back. They just wanted to force a refund.
The seller may have been amenable to shipping it back at the OP's expense.

Which would be the equitable resolution to the dispute.

[Cadman]

Looks like the OP has flown the coop, but I would have been curious if the communication with eBay had been actual phone calls, or simply web communication. In my experience, a buyer can return almost anything for any reason and the seller must oblige or there are serious repercussions, up to and including eBay invoicing the seller for the item's value up to 60-days later.

I am always communicating through e-mail and I am making sure they know that I am doing that in order to have proof. It is funny how many impossible things over the phone become instantly possible when you use e-mail or even better paper.

Regarding EBay forcing the seller, if you mark the product as non refundable you are not required to refund?  I don't know if this product was refundable or not, but even if it was refundable it might be that the reason for refunding was not met.

I have two products for sale on EBay and I am not accepting returns. It is written on the offer page.

The big difference with eBay is that you can escalate your issue over the phone to someone that can make an actual decision, explain the situation in more than 255 characters and reinforce the fact you're an actual human being at the other end of the line, whereas eBay's radio button/message system is handled by employees with very little authority, and in my experience, once a determination has been made against you through electronic means, there's little recourse.

There's a common misconception that 'Seller Does Not Offer Returns' trumps a buyer's request for a return, and it simply isn't true. In fact it makes things worse for you as a seller as the buyer can click "Not as Described", and since you're not taking returns, they keep the item AND get refunded.  Cruise on over to the eBay Community to see a plethora of threads on this issue.