Paypal resolution bias

[temp20181103]

I read with great interest the comments on a closed thread ON ANOTHER FORUM regarding paypal.  Good advice.  However I do not have a hypothetical situation going.  Mine is real.  I was hoping for your help.  Anything anyone can offer will be received with grateful thanks...

1. I sold, on ebay, a sealed rare triple vinyl LP set by Abba. Still sealed and brand spanking new. Nice and clean, no creases and no damage.  Money was received and item sent and received.  As it was a high end item (£200) I photographed it back and front as well as the package itself prior to mailing.  Mailed with full insurances and tracking.
2. Item was received and I left positive feedback for the buyer thinking all was well...
3. The following day the buyer opened a case with EBAY claiming misrepresentation only, that the item was not as described. Original listing is at https://www.ebay.co.uk/itm/202483347909?ssPageName=STRK:MESOX:IT&_trksid=p3984.m1559.l2649
4. I answered in all candour and the buyer closed the claim stating: "I should have asked more questions. My fault." Case closed. (Absolutely no mention of any damage at this stage and also there was never any "questions" asked.  The only communication between the buyer and myself was from me to send an image of the package he would receive the following day)...
5. In any event:  The same day the ebay claim was closed by the buyer, another claim was opened by him with paypal.
6. The buyer is now stating - with paypal - misrepresentation AND that the item was damaged. (Bear in mind there was no mention of any damage with the ebay claim).
7. The buyer has sent pictures which show a damaged spine, a serious fold on the front cover and a serious fold on the back cover (The item is a triple set so it folds out...)
8. ALSO... the buyer states in an email on eBay that he saw this "damage" through the sealed shrink wrap and then went on and opened the item anyway. (It is now worth a fraction of what it sold for and I know it was perfect).
9. At this stage, seeing this so called damage through the shrink wrap, any logical thinking human would immediately report this as arriving damaged and NOT open the item but rather photograph the package AND the item still sealed in its shrink wrap and send this information to the seller (me) - immediately. The seller (me) would have immediately asked for the item to be photographed in the condition it was received, to include the packaging, for the item to be returned and I could then have made a valid claim with the Post Office.

Does this make sense so far?

1. Despite sending this information and photographs to Paypal as well as providing proof of the cancelled claim with eBay and the buyers response of “I should have asked more questions, my fault” – (eBay case then closed by buyer) – Paypal are still siding with the buyer on this despite every contradiction being proven.
   
   
2. Paypal have still sided with the buyer despite my notifying them of everything... including MY pictures,. They have instructed the buyer to return the item to me and it is apparently in the post now.
   
   
3. Paypal have placed the purchase price on hold in my account with them, to be refunded to the buyer upon receipt of the returned item. They also state I must refund this buyer all shipping costs.
   
   
4. Strange but I called Paypal and they instructed me that there was an appeal button on the claim but when I look, there isn’t. All there is - is a button that says I have received the returned item and that they will issue the refund.

I feel certain I am being conned by this buyer.  I KNOW there was NO damage to the item.  I mean, as I explained to paypal, if this "damage" could be seen through the sealed shrink wrap, then why did the buyer go ahead and open the item?  Why not notify me that the item arrived damaged, photographed the package and then the item so I could immediately refund and make a claim with the Post Office.  It was sent tracked and fully insured for this very reason....

Why open a claim with ebay using one excuse... then close it claiming it was his fault - though NOT mentioning any damage - while at the same time opening another claim with paypal and adding this so called damage?

Now this item is supposedly in the mail... what do I do?  Do I accept it or simply return to sender?

I have already cancelled my credit cards on file with ebay and paypal so they will NOT get any further cash from my account (they say I have to pay the buyer extra for mailing the item back) though I am loathed to accept this return.  I KNOW it wasn't damaged and I KNOW I was thorough in the auction description.  I always am.

Both mine and the buyers pictures can be seen if you do an ebay search for item 253963568593

ANY advice to this problem greatly appreciated

[temp20181103]

addition in bold

Both mine and the buyers pictures can be seen if you do an ebay search for item 253963568593

[kernowlass]

@temp20181103

In the event of an item received but not as described dispute paypal never see the item so it is always one persons word against anothers.

Pictures don't really prove anything as you could have sent a piccy of a similar item and sent the damaged one.

Now of course I am not saying that is what you did but it could happen and does sometimes.

So paypal tend to favour the buyer BUT the buyer has to return the item back to you ''trackable'' to prove delivery before a refund is made.

If you risk declining the item then the buyer may receive the item back and his refund so be careful.

Also if you have all the proof that you say you have then there is nothing to stop you filing a claim in the small claims court against the buyer??

[temp20181103]

Sorry it is a long post. I'm not used to this kind of action... So you would agree in that I should accept the item return? Why? What kind of action can I take then? As far as I can see. None.   It is in all probability another copy he is sending back as defective...  I mean, a damaged item can be claimed with the post office... not this way.  I KNOW the item was **bleep** perfect when sent and  have no reason to believe it was damaged in transit...

I have been advised to cancel all my credit and debit cards with paypal and ebay...(done). Let paypal issue the refund thus putting my account in the red then refuse to add funds. Hopefully paypal will bear the cost of a small claims in the UK courts against me. I can then submit my evidence to a court and let them decide.

Hmm, yes I suppose it would be beneficial in accepting the return, then at least I have some kind of item to show...  BUT IT BOILS MY **bleep** INSIDE... that this cretin can get away with this....

Right now I am way past caring on Paypal and this **bleep**witt buyer and I apologise for swearing but he seems to be a professional at this and has made many claims for misrepresentation... and won time and time again...

It's just not right. this **bleep**witt should not be allowed to be getting away with this time and time again...

[kernowlass]

@temp20181103

I didn't say you should accept the item back, what i actually said was that you risk losing item and money if you don't.

If you let your paypal account go into negative and don't clear it then paypal don't take you to court, they pass the debt on to a collection agency to come knocking on your door at home or work.

I guess taking the buyer to the small claims court did not appear a good idea to you then.

[nevadasmith]

is your buyer in UK as well?

switch-a-roo is a popular game on Ebay.

You will receive the item back,once tracking shows so,you will refund,or Paypal will do it for you,since the money is on hold,not much you can do.

as to payng for return shipping,it is up to you.