Dispute Resolution - Help please - very worried!

[MN021974]

I sold a brand new, in the box mobile phone via ebay in June.  I received payment for the phone via paypal and dispatched the phone to the buyer the same day.  Over two weeks later I received an ebay message from the buyer informing me that the phone was working fine using a tesco sim card.  This week however she has filed a paypal claim disputing that the phone was new, saying that it was damaged internally and externally and that the screen was showing a yellow line.  

I disputed this, and provided a copy of the relevant ebay message where the buyer confirmed it was working.  At no point did she express doubt or tell me that she felt that I had sold her anything other than a new phone.

Paypal have now informed me that she has to return the phone to me, I've to confirm that I receive it in the same condition as when I sent it and then I've to provide her with a refund.

The buyer has been using the phone for almost 7 weeks - it can't ever be returned in the same condition as it still had all the stickers and cellophane on it.  It clearly stated in my ebay advert that I didn't accept returns.  

Also, how do I know she hasn't dropped it, damaged it etc etc.  

I have raised a complaint with paypal - the buyer has clearly raised a fraudulent claim.  Why on earth should I be expected to provide a refund to a buyer who has had the use of a phone for 7 weeks - who now claims it's damaged?  I am a reputable private seller with a 100% seller and buyer feedback score. And now it looks like I'm going to be left with a damaged phone that I will certainly not be able to sell.

Please someone - reassure me that common sense will prevail.  Has anyone else had this happen to them?

[lancelotme]

This is called 'buyer remorse' ,you dont know yet until you receive the phone back and examine the condition,sometimes,the phone is fine,they just dont want it anymore and make up excuses to return the item.

if it is indeed damaged,you can present the pictures and upload to Paypal,escalate to have Paypal decide.

[MN021974]

Thanks for your reply.So I still have a chance to over turn paypal's decision?

[lancelotme]

you can appeal after Paypal rules in buyer favor,but in your case,you probably will lose since you have the phone,you cant have the money as well.

What some sellers do,is to offer a partial refund before PAYPAL case is open or escalated.

[William9]

Unfortunately there is no such thing in eBay as "no returns", buyer will return and get refund if he wants. In extremely good cases buyer actually does return the item he/she bought and nog something else. Whether or not he does, buyer will be refunded because "that's the cost of doing business" as eBay / PayPal say.