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Can you appeal a case once ebay has made its decision?

(1 of 142)
Can you appeal a case once ebay has made its decision?
Nov 14, 2010 05:41 PM
The buyer received the item, had clear buyer's remorse and then claimed the item was not authentic. I have a receipt demonstrating its purchase and a long history of selling authentic designer items on enay. I offered that to ebay, but they didn't even ask for it and simply decided in buyer's favor! And asked me to cover the shipping costs as well for buyer! (buyer was international). What should I do now?
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Can you appeal a case once ebay has made its decision?

(141 Replies / 44,446 Views)
Can you appeal a case once ebay has made its decision?
Nov 14, 2010 05:41 PM
The buyer received the item, had clear buyer's remorse and then claimed the item was not authentic. I have a receipt demonstrating its purchase and a long history of selling authentic designer items on enay. I offered that to ebay, but they didn't even ask for it and simply decided in buyer's favor! And asked me to cover the shipping costs as well for buyer! (buyer was international). What should I do now?
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by brokenseachelle201.. (10 ) View Listings
(96 of 141)
Re: Can you appeal a case once ebay has made its decision?
Jun 22, 2012 02:46 PM
Seems like we need a class action lawsuit here
(97 of 141)
Re: Can you appeal a case once ebay has made its decision?
Jun 29, 2012 11:55 AM

I have a fun story of ebay hell from the buyers side. I bought an $800 guitar and it came to me in pieces... I contacted the seller and he said it must of happened in shipping and he would make the insurance payout to me. Because the seller made this shady move, ebay wouldn't get my money back from the seller. Since there was NO damage to the box or the guitar case at all, the post office refused to payout the insurance... I'm screwed and have no recourse. I'd love to be part of a class action lawsuit if we could get one together... I'm appealing the decision right now (without much hope). I'm waiting to hear back before I cancel my account and do a little investigating on what legal avenues we all may have.

(98 of 141)
Re: Can you appeal a case once ebay has made its decision?
Jun 29, 2012 04:43 PM

Everyone is right, Ebay is a scam, because on the surface it looks like sellers get protection and if you provide evidence you should have the case won in your favor but in reality Ebay sides with the buyers.  Doesnt matter because all they want are people buying.  problem is that ebay is so caught up in their little bizarre and warped reality of the world because without sellers, who their buyers going to buy from!

(99 of 141)
Re: Can you appeal a case once ebay has made its decision?
Jul 2, 2012 07:29 PM

How interesting that your case was international...because my case was international as well and I sold an iphone for $550 plus shipping, paypal and ebay fees which amounted to over $600 and the buyer "claimed" never to have gottent the item but who knows? customs over there can hold an item anywhere from 90 days to indefinitely. And ruled in the buyers favor because Ebay says I didn't have efficient tracking information and it was required for me to have a delivery with signature confirmation. Um...excuse me but this was my first (and last) international item I have ever sent and if it was "required" then why wasn't there a MANDATORY page that had a small box checked already (where I had no choice) for the signature upon delivery to be active? I repeat, IF IT WAS REQUIRED...WOULDN'T THERE BE A PAGE FOR ME TO FILL OUT LIKE THE CUSTOMS FORM WAS THERE FOR ME TO FILL OUT AS REQUIRED? No? No there wasn't...Ebay is just as at fault here for not giving me the tools to protect myself as a seller in the first place. I had to learn of this the hard way and extremely expensive way. Why didn't ebay wait a little longer like the rest of the 90 days that customs might have the iphone for? At least wait to see if the buyer gets her item! Or I know who's to say the buyer doesn't already have the iphone and now she's getting her money back as well...ALL OF IT! I  don't think ebay deserves to be in America...the should go to another country where they favor them the most. I need to take ebay to court I guess...

(100 of 141)
Re: Can you appeal a case once ebay has made its decision?
Jul 10, 2012 09:22 PM

I just had my first screwjob by a buyer. I Sold an iphone to this guy and it was in great condition. No scratches, nothing, pictures even showed it. He gets it and says that he cant get the phone to work.....then 2 hours later he sends another email saying that it isnt as descibed that it has scuffs, scratches, and pits or whatever in it....total garbage.

 

I call the guy on the bull story (i.e. if the phone was "damaged" why did you spend hours trying to get it to work). Its obvious that he had buyers remorse (its a 3g and isnt the fastest) and totally lied.

 

I called out the bs to the ebay "resolution" (what a joke that was) and walked through everything....plus I have "no refunds" on the listing.

 

Within 5minutes ebay rules that they are issuing him a full refund.

 

Course, my fear now is that I WILL receive a scratched scuffed pitted and chipped phone. back.

 

Ebay's resolution center is a joke and there is no way to appeal their decision. I cant imagine why anyone would sell on the site as all you have to do is lie and you get your refund. Plus, why do they even say "no refund" when that is clearly not the case.

 

I may continue buying on ebay, but I just cant imagine selling on ebay due this nonsense.

(101 of 141)
Re: Can you appeal a case once ebay has made its decision?
Jul 16, 2012 06:05 AM

buyer opened case against me said he never recieved item...tracking number confirms the item made it all the way across country to his hometown and was "out for delivery. then says no more info available. i responded to ebay with the tracking number and they resolved the case in buyers favor???????what did i do wrong here and how can this happen? there reason when i appealed was i didnt provide tracking, yet the case shows that i did... what the heck? this brings my ebay rip off total to over 400 and the closing of my account...

(102 of 141)
Re: Can you appeal a case once ebay has made its decision?
Jul 23, 2012 08:12 PM

I'm MORE that ready...  See below,,  And by the way, Take a look at the California Penal Code on Extortion:

 

Extortion is the obtaining of property from another, with his consent induced by a wrongful use of force or fear.

 

California Penal Code 518. Fear, for purposes of extortion may be induced by a threat, either to accuse the individual threatened of any crime; or, to expose, or impute to him any deformity, disgrace or crime.

California Penal Code 519. Also, every person who, with intent to extort any money or other property from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in Section 519, is punishable in the same manner as if such money or property were actually obtained by means of such threat.

California Penal Code 523. Demanding that the victim reveal the victim's PIN code for the victim's ATM card is extortion.

 

 

Buyer receives a NEW, SEAL cell phone.  After about 10 days complaints the phone was defective out of the box, etc.  In that email they state it gives an error of "Incoming Download Mode Polling Set Oemsbl-mode 1".  With about 90 seconds of Google research, the buyer is putting the phone on download mode. NOT a DEFECT but by holding the "power" button and "Vol Down".  The first page of the search was completely about this issue and phone.

 

I wrote the buyer, told them what I found was causing it and gave them a few of the links I found to confirm this with them.  What I got back was "Thank you for blaming buyer for a defective phone." and "Since you refuse to deal with it I will file Ebay complaint. From there I will contact my credit card company if we still can't resolve the issue. I'm not paying for a defective item." AND THEY DID...

 

I responded to the case, place all the relevant information in there and hoped someone at eBay with a brain cell would read my response.  Of course as I knew, the case was escalated in 23 minutes and then closed in BUYERS favor in less than 90 mins!

 

Fast forward.. Buyer returns the phone and eBay pleasantly hands them their money back.  I NEVER keep much in my listed funding source so then I get red letters across my screen basically saying "pay or else".

 

As I suspected there was NO DEFECT in the phone.  It was listed and sold. The new buyer receives the phone and happy, EXCEPT the first buyer had activated it, used it for the 8 or 10 days and when doing so, placed a 6 digit PIN on the account which looked the phone to the first buyer.

 

I emailed the first buyer for the PIN, no response. The second buyer was patient but needed a phone and I had them return it. In the meantime, I appeal the case. In the appeal, not only did I note nothing was wrong with the phone, the second buyer had even stated that in some of their emails. So now I have a second, independent person that knows they is no phone defect. In my appeal I stated that along with the phone is basically a brick and can't be activate without the first buyer's PIN to release the phone.

 

I stated in my appeal "I request the case finding either be reversed and funds returned to us or that eBay obtains the 6 digit PIN number from eBay user XXXXXXXXX so the unit may be activated. Otherwise, the item returned is damaged / different item than user returned."

 

eBay's response? DENIED!!  I have a $200 phone here that is now a piece of S**T due to the first buyer and I'm denied my claim?  WHY you ask?

 

When I called I was ( and still am ) absolutely furious...The customer rep. says the person who decided on the appeal noted "Item has been resold and was in transit before appeal was filed" WTF is THAT?  I asked for them to show me ANYWHERE that is stated.  All they could do was say "it's there somewhere"  But where?  NO answer..  The rep DID try to call the first buyer and they did send them an email asking for the PIN and they too got no response...

(103 of 141)
Re: Can you appeal a case once ebay has made its decision?
Jul 25, 2012 10:26 AM

I'm going through what I think will turn into an attempt at making the appeals process but I just wanted to share this tidbit I got from phone support.

The phone rep, when I called to find out why eBay sided with the buyer when I provided proof via my auction photos compared with the pictures the buyer sent me, told me that under their "notes" column for why they sided with the buyer, whoever decided the case simply copied and pasted what the seller wrote in the SNAD dispute claim.

So, basically, they didn't observe my proof(which showed clearly that every complaint the buyer had was bogus), and blindly sided with the buyer.  They then took money from my account on a hold and will release it to the buyer when my item is returned to me.

I plan to appeal this because it is really an obvious case of buyers remorse.  My plan is to take duplicate posed photos of the returned item in the same lighting conditions, angles, and location as my auction pictures with the return shipping label clearly pictured and provide this, along with my original evidence, in my appeal.

I was also informed that you cannot appeal anything in the resolution center until the case has been listed as "closed."  Once the case is closed then a link to appeal will appear(or so I'm told, I'm still waiting for my item to come back).

My recommendation, based on this experience, call and talk on the phone.  That's the only way to get any sort of answer it would seem.  Otherwise, apparently, it's eBay policy to ignore proof, ignore responses, and ignore sanity at all times in regards to trying to have an honest transaction.

(104 of 141)
Re: Can you appeal a case once ebay has made its decision?
Jul 29, 2012 05:15 PM

Don't wait call customer service directly and speak to a rep.  The documentations says there is a appeals button but as of yet I have not been able to find.

(105 of 141)
Re: Can you appeal a case once ebay has made its decision?
Aug 2, 2012 09:12 PM

i bought the iphone 4 seller said new never used still in the cover but the phone was jailbreak and replaced after market new front and back and the speaker phone not work, missing the small screen inside the speaker , i openned the case then loose and appeal then lost again sooooo what!

(106 of 141)
Re: Can you appeal a case once ebay has made its decision?
Aug 28, 2012 01:43 AM

Ebay is out for ebay.They don't ptotect the legitimate sellers and let these damn scammers get away with anyhing including mail fraud.I'm listing more sales on craigs list now as far as I am concerned eBAy has bit the hand that feeds them.Fees Fees Fees and then they won;t back you up when someone makes a false claim or statement about you,,,,,,,,,,,,,,,

(107 of 141)
Re: Can you appeal a case once ebay has made its decision?
Aug 28, 2012 01:46 AM

They also need ro hire someone in customer service that can speak english,  

(108 of 141)
Re: Can you appeal a case once ebay has made its decision?
Sep 2, 2012 04:01 AM

What is a SNAD?  Please refrain from abbreviations not everyone will understand.  That is as annoying as...

 

(109 of 141)
Re: Can you appeal a case once ebay has made its decision?
Sep 7, 2012 06:03 PM

Hi all,

i agree with all what has been posted on this fourm.

I have sold an iphone 3gs 8gb factory unlocked to a buyer and after 40 days the buyer opened a case that the phone is locked and only works on AT&T and after esclating the case to relsoultion center with a proof faxed to ebay from AT&T that the phone is unlocked they decide to refund the buyer his money and asking him to ship the phone back , even so i have contacted them a lot of times with no sucess they said i can appeal the case and whats funny is the buyer get to keep his money and now i have to wait for my item to be back and i dont know if am going to get an empty box or a broken phone.

i beleive ebay is the scammer when they allow someome to open a case after 40 days and get his money back what a ripp off .

and am pretty sure if i appeal the case they are going to deny it since they are going to be the ones who is going to pay for the item not the buyer after they close the case in the buyers favor.

I beleive that when have to pay 9% fees for the to sell our stuff it has to be this is a cheap place to  buy stuff from so it should be if you cannot trust were you buy from you should not be here at the first place and you should go buy your stuff from the store and dont bother us unless you didnt get your item shpped to you and other than that you should not have any stubid buyer protection since they are so dump to look at proofs and stuff and just wasting our time.

am going to close my account and never sell on ebay again since i cannot protect my self as a seller.  what a ripp off company.

(110 of 141)
Re: Can you appeal a case once ebay has made its decision?
Sep 11, 2012 10:14 AM

This is a joke. Once ebay stopped allowing sellers to give buyer's negative feedback, selling on ebay hit the SKIDS.

 

There is now NO reason for a buyer to pay for his purchases. There is no impetus for buyers to do ANYTHING above-board, because nothing will ever happen to them. If a buyer doesnt pay,..ebay simply returns your Final Value Fees. Big deal.

 

There is nothing to stop buyers from buying something, saying something's wrong with it, and returning ANYTHING (even an empty box) to get their money back.

 

Someone just bought a refrigerator water filter from me , brand new, in box with seal over the filter to keep contaminants out. He now says he bought the wrong one and it doesnt fit. He didnt even KNOW what kind he needed...just bought this one to try it out.

 

He threatened me with negative feedback if i didnt let him return it, after he had broken the seal and made it no longer 'new". He opened a case with ebay saying "not as described" even though it completely was. Ebay has ruled in his favor, that he must return the item and they will give his money back, despite a chain of emails between me and they buyer where he describes how he opened the filter, and never knew which one to buy in the first place. So now I get a used filter back, out the money, and have negative feedback.

 

Long story short..ebay sides with buyers regardless of anything.

 

Don't sell on ebay.

Use Amazon. They're much fairer.

(111 of 141)
Re: Can you appeal a case once ebay has made its decision?
Sep 26, 2012 01:14 PM

Well, I've had my first bad experience as a seller.   Unfortunately I did not insure the item in question.  The eBay appeals process is useless for claims of shipping damage unless you have insurance.  I've lost a beautiful clock which I will have to buy back and is totally useless to me now.  The buyer went outside of the eBay process and those  emails and my online label receipt demonstrate how dishonest this buyer was, but eBay does not care.  I will probably close my account at the end of the year.  I would do it sooner but have commitments I have to honor.  By the way, you can shop without being a member and there are many other venues where you can sell your items.  And for that matter lots of other places to shop.  The main thing about ebay is that eBay does not run auctions like a real auction and because of that and the way they handle disputes, it opens the door for fradulent buyer claims.  And frankly this just ain't fun anymore after this.  eBay doesn't respect buyers. 

(112 of 141)
Re: Can you appeal a case once ebay has made its decision?
Sep 26, 2012 01:16 PM

Well, I've had my first bad experience as a seller.   Unfortunately I did not insure the item in question.  The eBay appeals process is useless for claims of shipping damage unless you have insurance.  I've lost a beautiful clock which I will have to buy back and is totally useless to me now.  The buyer went outside of the eBay process and those  emails and my online label receipt demonstrate how dishonest this buyer was, but eBay does not care.  I will probably close my account at the end of the year.  I would do it sooner but have commitments I have to honor.  By the way, you can shop without being a member and there are many other venues where you can sell your items.  And for that matter lots of other places to shop.  The main thing about ebay is that eBay does not run auctions like a real auction and because of that and the way they handle disputes, it opens the door for fradulent buyer claims.  And frankly this just ain't fun anymore after this.  eBay doesn't respect buyers. 

(113 of 141)
Re: Can you appeal a case once ebay has made its decision?
Sep 26, 2012 01:17 PM

What I meant was eBay doesn't respect sellers.

(114 of 141)
Re: Can you appeal a case once ebay has made its decision?
Sep 26, 2012 01:25 PM

This whole issue of buyer's remorse.  In the real world of auctions you don't get to have buyers remose.  But eBay doesn't seem to understand this and that online it opens the door to tons of fraudulent activity.  There are lots of other places to sell and you can set up your own website and sell from there.   I'm pretty easy going but this last eBay seller experience has made me leary of selling.  There are also cheaper ways to sell your items.

(115 of 141)
Re: Can you appeal a case once ebay has made its decision?
Sep 26, 2012 01:27 PM

I wanted to add that eBay indicated that my evidence was meaningless and wouldn't look at it even though it demonstrates a certain dishonesty on the part of the buyer.  There are only two criteria that they use to determine a case and that is entirely in the buyer's favor. 

(116 of 141)
Re: Can you appeal a case once ebay has made its decision?
Sep 26, 2012 01:57 PM

The final insult in this case was that the buyer claimed item was damaged in shipping.  Unfortunately I didn't insure.  Buyer said I over charged for shipping 30.00, and then shipped in 15.00 flat rate box which is not true.  I have a receipt that states the shipping was 25.83 cents which is not a large flat rate box and it was shipped in a larger box.  But ebay actually said they didn't care.  It didn't matter if I paid 2.00 shipping.  come on!!  this person is actually lying and they don't care.  I believebecause of buyers remorse the buyer damaged the item to claim shipping damages.  If I had known my beautiful clock would  wind up like that, I would never have sold it.  The world is not and never will be a fair place and eBay is proof of that.

(117 of 141)
Re: Can you appeal a case once ebay has made its decision?
Sep 30, 2012 10:12 AM

I just went through an appeal. It was useless. This is from the buyers side. I won an auction for a pair of Oakley Gascans. The sellers auction description was simply "Bought ray bans so wanted to get rid of these. Brand new they are 210.00 just keep biddin n. enjoy". The auction ended I promptly paid him. When the glasses arrived the lenses were trashed. Not minor surface scratches, they affected visibility. The frames had slight damage also. The "indent" above the nose piece has DIRT and FOOD looking crap in it. I contacted the seller and he agreed to refund and work with me "If no negative feedback would be left", which I would take as coercing feedback. Also, he charged me $10 shipping for a $1.19 mailer and $2.80 shipping. The refund never showed and everytime I contacted him he had another excuse, "I refunded the wrong person, my new bank doesn't do paypal, I don't have the money" This went on for almost a solid month. I finally turned it over to eBay. They awarded the seller, telling me "Based on information provided in the case, the item you received matched the seller's description but you no longer wanted the item. eBay Buyer Protection doesn't cover situations where an item is accurately described.". So I appealed, the next day I was told that they are upholding thier decision. I think they flip a coin to determine outcome. When I submitted the appeal I stated that is was not a case of buyers remorse as they seemed to think. I also pointed out to them that there was no disclosure of damage in the auction description. All this tells me is that people can list something vaguely, and they are covered. I "only" lost $47 but that is beside the point. It's a shame that ebay seems to be going down hill.

(118 of 141)
Re: Can you appeal a case once ebay has made its decision?
Oct 15, 2012 10:10 AM

you also have to watch Ebay,, CDustomer service tells you what you want to hear and never follows through..They say they will give you credits,, But never do,,They hope you forget,,

(119 of 141)
Re: Can you appeal a case once ebay has made its decision?
Nov 20, 2012 08:28 PM

I came to this topic looking for hope but I guess I am out of luck. I sold someone a Yu-Gi-Oh card and he made a case saying it wasn't as described. first he said it was the wrong card then he tried to say the card wasnt tournament legal. No where in my description did I lie and say it was and its a known fact that most rare cards aren't. Now I have to give him his money back and for no good reason. Thanks eBay, This is just in time for my daughter's first christmas. 

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