Buyer disputed payment as item not as described, never returned the item and got a full refund.

[tman7479]

I recently sold an electronic for $850, shipped it out and the buyer said it arrived damaged and he could fix it. Long story short a item "not as described"  claim was filed with paypal and they closed it in the buyers favor and refunded the full $850.  As far as I can tell Paypal's policies state the item need to be returned by the buyer and the refund should be issued when it is received back by me.  

I've been in touch with the buyer and he is offering to send me $350 back and keep the item and if I want the item back since he has received the refund already he said in an email he'll take some parts out and ship it with "air" meaning he is saying it will arive as junk back to me if I don't accept $350 from him.  

Again he has both the electronic and the $850 back and he feels he can now offer anything I want otherwise he will follow through on his threat of shipping it back in even worse condition or "just disappear" as he put it since why does he care he has the money and the merchandise.  He's basically dictating the terms as he sees fit as paypal closed the case on issuance of the refund and then when I appealed and said the item was not returned they closed the appeal and stated "We sent an email to the customer to ask them to resolve this".   

Again it appears to be direct violation of the agreement that states that Item not as claimed disputes should be returned first then refunded.

In any event I have over 1500 + sales on ebay with not one dispute and over 2000 positive feedbacks so It's not like I'm some jerk that sells broken merchandise.  

Any recourse short of persuing legal action or filing a complaint with the better business bureau?  I can't reopen the claim or find any way to contact paypal about this. I do have an email from the customer to my paypal email stating he will remove parts and ship it back with "air" if I want it back as to discourage me from persuing my merchandise . (Sold for $850 MSRP street price of $2100 MSRP of $3000)

[tman7479]

Correct, it wasn't a chargeback.  The buyer sent me $450 this morning, a little over half to settle the issue.  

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@lancelotme wrote:

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where did you read chargeback,there is no chargeback.

The buyer has the item,he fixed it and offer a partial refund so he can keep the item.

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[sharpiemarker]

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@lancelotme wrote:

where did you read chargeback,there is no chargeback.

The buyer has the item,he fixed it and offer a partial refund so he can keep the item.

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@lancelotme, I was just wondering out loud about the possible scenarios: chargeback if the seller somehow won the appeal for all the money back. When you said, "If he loses the dispute and go to a chargeback, he would not win." Or, work with the $350, is all.

Glad the case was ultimately resolved for the seller.

[lancelotme]

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@sharpiemarker wrote:

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@lancelotme wrote:

where did you read chargeback,there is no chargeback.

The buyer has the item,he fixed it and offer a partial refund so he can keep the item.

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@lancelotme, I was just wondering out loud about the possible scenarios: chargeback if the seller somehow won the appeal for all the money back. When you said, "If he loses the dispute and go to a chargeback, he would not win." Or, work with the $350, is all.

Glad the case was ultimately resolved for the seller.

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This buyer is a jerk,lets say if Paypal claws back the entire payment and he files chargback ,seller would produce all the emails which he trheaten to return it damaged so she cant sell it and he never return the item.

The key is that he never return the item,he fixed it and kept it.

So how can he file chargeback,what is the reason he will be giving?

if cc issuer asks him to return the item,he cant because it is no longer acceptable,he has altered it and used it.

This is where having your own merchant account shines,as your provider will be speaking with his bank,and fight for you,Paypal has too much going on and it will  just present your story,if youlose ,then they slap you with $20,and PAYPAL will not tell you what the buyer told his cc issuer.  

[sharpiemarker]

Huh? You misunderstand.  

You mentioned chargeback in the post above mines and I formulated my reply with thinking out loud, the options: like, hmm, buyer chargeback? or just settle with $350 as opposed to possibly no money (because the seller was not agreeing to that, they wanted a return).  That is all.  

I suggested that the seller not throw out the idea partial return of the refund, better that than risk losing both.  And maybe negotiate a slightly higher amount, which the seller did.  Problem solved.  Buyer got a now working item and seller got some of the money back.  No further discussion needed.

[tman7479]

I called PayPal last nght and the rep agreed the refund shouldn't have been issued before the item was returned and they said they'd basically foricbly take the money back from the buyer if we didn't reach a resolution in 72hrs. This morning the buyer sent me $450 back of the $850 purchase price and the matter is resolved.  

Thanks everyone for your fedback on this issue.  

[lancelotme]

Glad to hear that !