Administrator or Moderator Advice Requested- Buyer Lies About Item Condition, Is Seller Protected?

twilliams2012
Contributor
Contributor

Advisors or Moderators, I am looking for advice on my claim, please:

 

I am the seller of a lot of clothing "50 +Pc HUGE LOT WOMENS LARGE XL CLOTHING DESIGNER RALPH LAUREN CASHMERE EUC POLO." This was a 50+ piece lot of clothing and jewelry, 30+ pieces of clothing and 20+ pieces of costume jewelry. The clothing was relatively expensive, such as cashmere sweaters and Ralph Lauren brands.

My first question: IS THIS AN SNAD CLAIM, or AN ITEM NOT RECEIVED CLAIM? My claim has been being reviewed by paypal for over 3 weeks and I am really nervous, and I would like advice: is there anything I can do to shore up my claim, or if I end up needing to appeal, what can I do (additionally) to ensure that I win? ( I don't want hate mail letters from people who hate paypal, please, I want genuine advice on how to win this case).

The buyer filed an SNAD claim while concurrently stating in ebay messages that she did not receive "over half her order," stating that out of the above description, all she received in the box was 12 t shirts.

 The buyer has sent me an email through ebay mail claiming that "Over half the items are not in the box including the jewelry that was in the picture.I was just wandering if you forgot to put all the stuff in? Did you insure it?" This is simply not true. I faxed paypal the detailed full page USPS in store receipt from when I mailed this box, and it was an absolutely huge box - it needed a balloon surcharge for me to mail it, which wasn't even covered by the postage price I originally charged her and I had to pay myself. The box was over 16 pounds and cost $15.51 parcel post (keep in mind, please, she is claiming this contained only 12 t-shirts and the box was undamaged when it arrived in her hands). So there is no WAY that her claim that "over half the pieces in this box are missing" could be true. If you picture that her claim that over half of the items are missing (over 25) AND all the jewelry were "not in the box," that would result in a MUCH smaller and/or lighter box, wouldn't it, that cost substantially less to mail, right? I highly doubt USPS made an error in the mailing receipt. I don't believe I need a delivery or tracking receipt in this case because the buyer stated in ebay messages that she received the box, and it was undamaged, it simply contained 12 t-shirts for $15.51 of parcel postage. Yeah. Right.

This is a violation of the good faith clause: she has no proof for her claims and is trying to get a refund for nothing. What I think actually happened here is that she took all the jewelry and the most valuable pieces of clothing out of the box and is trying to mail me back the 12 t-shirts in exchange for a FULL refund, so she gets to keep my merch AND get her money back.

SECOND QUESTION: MODERATORS: in her claim she demanded a full refund in exchange for mailing me back the 12 t-shirts. I read through the policies and it appears to me that I should not have to issue her a full refund unless she returns the merchandise to me IN THE CONDITION IN WHICH I SENT IT - and the 12 t-shirts is certainly NOT what I sent her. Is paypal going to make me refund her for this, and is there anything I can ADD to my case to prevent it? I already faxed in photos and dimensions of the box sixe that I used to ship her large lot to show how impossible it would be (even IF USPS were lying) that this giant box held 12 t-shirts. I guess she expects paypal to believe USPS just slapped a $15.51 parcel post tag on there for fun. Sorry for sniping, but gosh, this makes no sense! I do not want to issue her any type of refund at all. I mailed her what she purchased, she simply did not like it when she received it, and wanted to mail me back the portion of it she didn't want, which is also against the buyer protection rules that I read. I do not want to appeal because I don't want to get stuck with paypal sending her an email "asking her nicely to reimburse me," because I know she never will. I really want my funds back, because I did nothing wrong here, and I don't think it is a very good precedent to set by showing all a buyer has to do is lie, and they can keep the merch and get a refund. Gosh I could do that if it's that easy. I wouldn't, but a lot of people would. Because I have proof, and she doesn't - end of story.

It appears she opened several claims in the past month with other sellers complaining about their products, in each case posting negative feedback with vicious language, complaining that she didn't receive her shipment within 4 days' time, and just is one of those people who is trying to get something for nothing.I should add that in all the ebay messages her language was mean and rude and mine was polite and respectful, she just wanted a refund for sending me back less than 25% of my goods and I refused. I hope paypal refuses.

She knows I have no way of PROVING I put everything in that box, just as I have no way of PROVING that she is lying that over half the clothes and all the jewelry are not in the box. So she is assuming buyer protection is going to reimburse her (which just happened a few weeks ago if you read her feedback). But in this case, OVER half the items (all clothing) AND all the jewelry missing would be a SIZEABLE decrease in box size and weight from the USPS in store detailed receipt that I submitted via fax-and she stated via ebay messages her box arrived undamaged- and I was charged a balloon surcharge at the post office, the box was so big, to ship it. And she stated via ebay messages it contained...12 t-shirts. For 16 pounds. This makes no logical sense, but I am afraid paypal is going to rule in the buyer's favor anyway, because unfortunately I have been spending a lot of time reading cases in the forum where it doesn't matter how much proof the seller had, they lost the case anyway.

Additionally: In my auction, if you read it, the terms CLEARLY state, "I am happy to ship your package whatever way you want with whatever service you want, but you must let me know your preferences BEFORE." The buyer did not do this; she claimed retroactively that I 'should have' paid out of my own pocket to apply tracking and insurance to her box, complained that I mailed it parcel post - even though in the auction it clearly stated this was being mailed parcel post- and then the buyer stated (all of this in traceable ebay messages, viewable by the paypal committee, mind you) that 'she should not have had to insure her own package." Well, who was supposed to do it? God?

THIRD QUESTION TO MODERATORS: this case has been being reviewed by paypal for over 3 weeks now. Is there any additional evidence I can send in, or anything else I can do, to ensure that I win? Can you give me any advice on an appeal if I have to make one? Is there any way I can get my funds released back to me? Thank you very much for your time. Please no hate mail from paypal hating people, I just want some advice so that I can win.

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