eBay Seller Claimed Returned Item (Nintendo 64) Damaged

Hi all,

As an avid videogame nerd, I recently decided to buy a Nintendo 64 to add to my collection There was a big N64 seller whom I contacted to request a custom package (ie. Nintendo 64 console + several games).

After writing an essay, I decided it would be easier to put this story into dot points:

  • Buyer responded with a price and requested to complete the transaction outside of eBay (in retrospect, I should have turned my back at this point)
  • I responded, saying that i wanted to be covered by buyer protection, and for him to open an eBay auction with the items
  • He responded saying I would still be covered by eBay protection, even if I bought the item outside of eBay (Yep, I must have been out of my mind).
  • I responded saying that what he said made no sense.
  • He then opened an eBay auction with title: "Auction for [My eBay username]" without any description
  • I told him to add a description which mentioned the quality of the items.
  • He did, and I paid for the item in full.
  • He sent it same day, it arrived 9 days later by parcel post bag, which included several layers of AusPost bubble-wrap lined postage bags which I bet he didn't even pay for.
  • I tried the console, it hardly worked. Games wouldn't play without without needing to be ejected and re-inserted over and over. Also, one of the controllers was modified (because it had a different coloured back) and one of the games didn't work at all.
  • I contacted the buyer (same day it arrived), and after a few follow up emails he replied. First he offered to save me from sending the item back, and send a replacement console. I declined, because the console was not the only problem.
  • He finally agreed to have it returned. I sent it back using the same packaging bags he used, and sent it back with Registered Post (ie. sign on delivery), but not before I took a bunch of photos of the items, as I suspected I might have further issues with this seller.

And alas, I got a reply from him a couple of hours ago:

"hey mate i just recieved back my nintendo 64 console, and i have to ask what the hell did you do to it? i cant even get a game cart inside it looks like you have bent the inner tray? also super smash bros works fine as the same with all the other games. this console i sent you was working 100% before i sent it as it was tested prior!
im sorry but im taking this up with ebay under the seller protection scheme!"

I guess my question is - what's my next step?

Sorry for the essay, despite trying to avoid writing an essay.

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  • +5 votes

    Open paypal dispute and escalate it to a claim and tell them your side of the story.

    pictures are pretty useless though.

    from my experience with dodgy sellers they normally side with the buyer.
    ive bought many carrier blocked phones fake phones and ps3 that didn't work and many other electronics's

    make sure you leave negative feedback saying what he accused you of doing.

    good luck.


      Open an item Significantly Not as Described paypal dispute.

      Keep the text very simple.

      "Item is of poor quality/damaged and not working as described. Will return for refund"

      Escalate the dispute to a claim immediately.

      Pick the option "I do not believe me and the seller can reach an amicable solution" (wording is not exact but you will see the option)

      Once this is done a couple of days later you will be asked by Paypal to return the item to the seller for a refund.

      At this point you need to provide the tracking information for the parcel and in the comments field include a dropbox (or whatever) link to a PDF file of the lodgement receipt. (just take a photo/scan of the receipt and print to a PDF file)

      This will satisfy the Paypal proof of return postage requirements.

      After they confirm delivery if the seller then disputes the condition of the return (I suspect they will) then you simply state your side. Again keep it simple and factual. Just state that "The console was damaged and not working upon arrival and was returned in the original condition as received".

      Let Paypal do their thing.


    I can tell the story from a sellers side. I sold an Xbox 360 that was Jtagged years ago, the buyer said that it stopped working after a week and red ringed. He then put in a claim and PayPal held the funds.

    I received it back and he'd tried to repair it and had killed it, I even filmed the opening of the package to show what it was like on return and contacted PayPal to advise the condition of the return and how it had been tampered with. Long story short he was refunded his money and I received a paper weight back, so even if you had damaged it (Not saying you did by the way) PayPal will side with you as the buyer and you'll be refunded.

    Just as a word of advice though, never return an item without starting the claim first, it may be the only thing that trips you up.

  • +1 vote

    After reading all these ebay issues lately, sounds like the best solution is filming when you send an item or when you first open it?


    Hi guys, thanks for all comments. I've gone ahead an started a case this morning and uploaded photos/documents to back my claim.

    Just 10 mins ago, the seller emailed me to say the following:

    "hey mate i will forget everythging and refund you 100% if you leave me 5 star postive feedback? sound like a deal? pleae let me know asap"

    What are your thoughts on what to do next?

    a) Promise to leave him positive feedback once the refund comes in.
    b) Stand my ground and wait for eBay/Paypal to settle the refund and then leave negative feedback to warn other prospective buyers

    • +1 vote

      B. To help rid eBay of scammers, so this won't happen to someone else.


      report that message to ebay as it goes against their feedback extortion policy
      and leave him negative feedback and continue with paypal.


        Considering the seller has my full name, address and phone number, is this really advisable? Leaving him negative feedback is one thing, but reporting him for feedback extortion and potentially having his eBay user banned could leave him with a bit of bloodlust.

        • +1 vote

          You really think he would do something that could possibly land him in jailover a online account? Yes he my be pissed but he hopefuly would lean him lesson.

          I would certainly report him. Done it to scammers before.


          Don't you also have his full name, address and phone number?


          Maybe, hopefully, that stops him from doing anything monumentally stupid.

  • +2 votes


    • Accept refund
    • Still leave neg feedback
    • Report seller
    • +1 vote


      *Accept refund
      *Still leave neg feedback
      *Report seller
      *Send around bikies

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