Lost $1050 on eBay Due to 'the Buyer Did Not Recognise The Transaction' on eBay, eBay Refunded The Buyer, What My Options?

Hi, I recently sold a second hand high valued item on eBay worth more than $1000, after sending the item in registered post, after the buyer received the item, they opened a case on eBay saying: 'the Buyer Did Not Recognise The Transaction' and opened a dispute. eBay asked me to upload a tracking which I did again after loading it in the original transaction page.

Not long after, I got an email from ebay saying:

''Payment dispute details

Status: Closed

The payment institution has decided to side with the buyer. eBay refunded the buyer for the dispute amount and deducted the funds from you. The dispute fee of $22 was charged.

When I asked ebay why I lost the case as I uploaded the tracking number on eBay. eBay said the decision is in the hands of the Buyers Payment Institution.

I then asked for an appeal on eBay Live Chat, the lady said the case is NOW on appeal and I should be given an answer within 72 hours. A few days later then when I asked again how is the case going, eBay's Live Chat agent said there was no appeal on the case and she can help me to open an appeal…..WTF!

To give you a more understanding on how everything unfolded, this is what's happening:

  1. Sold an item on ebay, buyer paid
  2. send two email through eBay system indicating when the item will be sent and once sent tracking will be uploaded (No reply as this happens a lot so I didn't think too much)
  3. Sent the item using Australian Post Registered mail with Signature on delivery
  4. Item received 2 days after as we are in the same city
  5. 1 day after the item is received, the buyer opened a dispute on eBay saying Transaction not recognised
  6. Contacted eBay and uploaded the tracking to dispute the transaction to prove I have sent the item out (Allow me to explain this: The tracking online by Austpost will only show the delivery suburb not the name of the person who signed for the parcel or the full address it was sent to even with signature on delivery)
  7. eBay sent me an email 3 days later indicating 'The payment institution has decided to side with the buyer. eBay refunded the buyer for the dispute amount and deducted the funds from you. The dispute fee of $22 was charged' So I lost more than $1000+ on this whole transaction
  8. Spoken to eBay live chat and was promised an appeal will be lodged on my behave and not too worry, everything will sort itself out within 72 hours
  9. After 72 hours I contacted eBay Live Chat again and they said it appears to be no appeals on their system, which mean the case is still closed and I lost my money. WFT! After spoken to them again and again they keep direct to eBay links which doesnt help me at all to get the money back.

eBay is pretty much at a dead end here…….

The buyer is in the same city as mine, what are my options here?

Give the buyer a ring and ask to have the item back since now they have been refunded? Sent the buyer a Letter of Demand asking to have the item returned? Go to the small claims tribunal directly against the buyer?

Many thanks

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Comments

  • +32

    Is eBay now a financial institution? If so, ombudsman. The buyer has done a credit card charge back I imagine, and eBay is trying not to lose out.

    • Your solution on what I should do?

      • +3

        Depends if they are classified as a financial institution now with the recent changes they've made. You will have to find out if they are or not. If they are, you contact financial services ombudsman, eBay will then refund you the money.

        • +2

          I doubt eBay is classified as a FI but I will check

          • +51

            @Aerith-Waifu: They aren't, they do it through a 3rd party to get around any obligations. You have met the requirements for seller protection so you need to file in small claims against ebay themselves. Also, ask the magistrate to declare ebays contract invalid on the grounds that delivery to carrier is delivery to buyer under your state's Sale of Goods Act - so anywhere in the contract that ebay requires you to deliver to BUYER is invalid. eBay will try to settle with you before it gets to court. DO NOT SETTLE on the grounds you want their contract amended.

            • +1

              @Krogers: This is a wonderful idea. Thanks

              • -1

                @Aerith-Waifu: Just expect them to cancel your ebay account, possibly anyone else at the same address too, and/or not allow anyone else at that address to sign up for a new one.

      • +1

        Post buyer's name and address here to warn us. Then go to his place and ask him whats going on.

        Find him on facebook and linkdin and tell his boss / friends what he did.

        Go on local facebook groups and tell story there with name and everything.

        Keep going till he refund.

  • +48

    The buyer is in the same city as mine, what are my options here?

    I’d have been on their doorstep 3 days ago…

    • +5

      They can simply not open the door or not talk to you. But I am willing to give it a try.

      • +54

        Maybe you need OzBargain's favourite bikies to come along!

        • I dont normally sell high value items on eBay so this is somehow new to me. Hence asking for the options on what to do from here?

          Even though the item is second hand, its in mint condition.

        • +8

          You mean Tracy Grimshaw?

      • +14

        For $1000 it is worth camping outside their house until they have to go out

        • +2

          They can just call the police and says you are trespassing.

          • +17

            @Aerith-Waifu: You can keep making excuses of why you can't confront them and just complain on Ozbargain. Or you could grow a pair and do something about it.
            For $1000, I wouldn't just sit idly hoping it will be resolved.

            • @Puglife: If i can solve this online its much earlier, looks like a visit is a must now

            • +76

              @Puglife:

              You can keep making excuses of why you can't confront them and just complain on Ozbargain. Or you could grow a pair and do something about it.
              For $1000, I wouldn't just sit idly hoping it will be resolved.

              Seller shouldn't have to even think about extreme, possibly illegal measures. Ebay should be providing a legitimate platform with buyer and seller safety nets.

          • +1

            @Aerith-Waifu: You don't have to camp on their property - just nearby so you can keep an eye.

          • +2

            @Aerith-Waifu:

            They can just call the police and says you are trespassing.

            And while the police are there they can question the "buyer" about their fraud if they have not returned the item.

          • @Aerith-Waifu: If they ask you to leave and you do then there is nothing the police can do as you have not done anything wrong.

      • I'd come with you, buyers an (profanity)

  • +2

    Did you send to the registered address of the account?
    Did the item get returned? I presume not.
    I thought the signature on delivery required ID to be sighted and recorded, so I surprised this isn't supplied to you as sender.

    • +6

      Yes I have the name of the person who signed the parcel at the time, which matches the name on eBay, the delivery address also matches the delivery address on eBay. Item did not get returned.

      Edit: I even managed to get Austpost to send me an email confirming the following: The person who received the parcel at the time, the address the item has been delivered to.

      • +13

        The ebay policy suggests you should be eligible for seller protection:

        You have provided proof of delivery, which includes all of the following:

        Tracking number provided by the carrier company (uploaded by the date in the payment dispute notification);
        A delivery status of "delivered";
        Date of delivery;
        Recipient's address, showing at least the city/suburb or postcode (or international equivalent) that matches the address in the eBay order details; and
        Proof of signature confirmation, if an order has a total cost (including postage and any applicable taxes) of $750 or more, uploaded as an image while contesting the payment dispute.

        https://www.ebay.com.au/help/selling/getting-paid/handling-p…

        Are you able to do everything required above?

        • +1

          Tracking number provided by the carrier company (uploaded by the date in the payment dispute notification); ———— Yes, Austpost

          A delivery status of "delivered"; ———— Yes, its showing delivered

          Date of delivery; —————— Yes its showing delivered

          Recipient's address, showing at least the city/suburb or postcode (or international equivalent) that matches the address in the eBay order details; and
          Proof of signature confirmation, if an order has a total cost (including postage and any applicable taxes) of $750 or more, uploaded as an image while contesting the payment dispute ——— Yes and Yes. I already uploaded the image but still lost the case.

          How do I claim the Sellers Protection? Is the link above you posted has another link which I missed which lets me claim the sellers protection? Or do I have to go to their live chat again to claim the Sellers Protection?

          • +7

            @Aerith-Waifu: Did you use Paypal? If so:

            If your buyer files a reversal, claim or chargeback against you due to unauthorised transactions or for items not received, PayPal will reimburse the full amount of your eligible transaction and waive the chargeback fee if applicable.

            https://www.paypal.com/au/smarthelp/article/what-is-paypal-s…

            Live chat won't help you, they just read basic scripts and information. You need to escalate to senior managers to review the case. It's going to take a long long time to resolve. Don't panic but keep at it. Good luck.

            • +1

              @Hybroid: I dont know if the buyer used the PayPal as payment. As eBay now has this new eBay's Managed Payment in place. I dont know what the buyer paid with to be honest

          • +6

            @Aerith-Waifu: I don't know much about ebay policies, but I would definitely ask the live chat why they believe you do not qualify for seller protection, given the answers above.

            I would definitely chase ebay as long and as hard as possible. You did everything they asked of you, so they should give you the money for what you sold.

            • @mskeggs: Thanks, I will do that. Appreciated.

              • +3

                @Aerith-Waifu: There seems to be some misunderstanding in how ebay seller protection works. The "case" or dispute you have lost is a credit card charge back dispute for unauthorized transaction, and eBay has 0 control over its outcome. It completely depends on the decision of the issuing bank, i.e. buyer's credit card issuing bank. Unless the buyer has a really bad record with his own bank for excessive charge backs, the bank will almost certainly look after their own customers, i.e. the credit card holders.

                Now basically you are doomed to lose the charge back, and yes there is no appeal for you as the seller. (Buyer can request a review if they happen to lose it though, but you have no channel of communication with the issuing bank who is making the decision) Then it is time for you to claim the eBay seller protection, rather than trying to appeal for the dispute you have lost. eBay will then pay you out of their own pocket (or maybe their insurance company, not sure on that) and you should be pestering eBay to get your money back because you are their customer as a seller. Dont bark on the wrong tree. This is much easier than trying to bring a criminal case against the buyer, which is basically not going to happen.

                • @truetypezk: Good to know. Thanks

                  • +1

                    @Aerith-Waifu: If I were you, I won't bother looking for the buyer in a face-to-face setting which can end up in ugly situations (of course unless you are the intimidating type and the buyer isnt)

                    I know it seems really unfair and feels like the scammer is getting their way, but unfortunately that is what happens when the police dont bother/unwilling to investigate petty online crimes. It seems to me that you satisfy all the requirements of eBay seller protection, so just go back to eBay and specifically ask to be compensated under the seller protection instead of trying to convince them you should have won the dispute. They really have no power to decide at all. You might not get the full amount back but at least the bulk of it.

                    • -1

                      @truetypezk: With a name like Aerith-Waifu, probably dungeon dwelling weeb and not intimidating.

                      Aerith is a female character from a 24 year old rpg video game that has a large simp base.

                      • @Chchnu:

                        With a name like Aerith-Waifu, probably dungeon dwelling weeb and not intimidating.

                        You might be onto something….probably too scrawny or fat to lift up a bat or a sword, I might take back my last comment…

                        Aerith is a female character from a 24 year old rpg video game that has a large simp base.

                        Noice….

                    • @truetypezk:

                      If I were you, I won't bother looking for the buyer in a face-to-face setting which can end up in ugly situations (of course unless you are the intimidating type and the buyer isnt)

                      Anyone can look intimidating if they're carrying a weapon of some sort….so Aerith-Waifu, make sure you rock up with a bat or a sword and be ready to kill if he doesn't submit.

                • @truetypezk: I find it a pit perplexing a bank can just do a charge back without a full investigation.

                  It is clear, the Seller here has all the evidence that the package was sent, tracked, delivered and signed for.

                  How TF does he not have a case? What is the buyer claiming here??? They received something else other than what they purchased??Ntot received anything yet ??? OP, can you elaborate a bit here as i haven't gotten through all the thread yet

                  This definitely smells of a scam by the buyer if the OP is telling the truth.

                  • @TilacVIP: An unrecognised/unauthorised transaction dispute normally means the cardholder object to the charge because he did not authorise his card to be used. A legitimate one would be someone got hold of the card details and put it through. Whether the seller has all the evidence of the item being delivered to a particular address is irrelevant, as this is not a item not received dispute.

                    Of course, if the buyer used his name/address on file with his bank as the shipping address, he might lose the dispute. However, I don't think a scammer is going to do that. He would have the item shipped to a different address and retrieve it somehow.

            • @mskeggs: because eBay ultimately won't cover you for "unauthorised transactions".

              eBay and PayPal only have "control" as long as the buyer remains in their system. If they go direct to the bank or card provider and they side with the buyer then there is absolutely nothing you can do via the dispute/proving parcel side.

              • @peter05: eBay seller protection just cover this, PayPal used to. The 17% in fees the seller pays them had to be useful for something!

  • +15

    Sorry that I am in no position to give you useful advice, but from my experience, eBay also sides with crooks and scammers like the ones you have mentioned. Looks like either the buyer used stolen credit cards to pay or that the buyer is a scammer. Contacting AFCA may be your best bet according to this post
    https://www.ozbargain.com.au/node/448157

    On a side note: NEVER sell on eBay or prepare to inevitably loose money

    • +2

      definitely go for the AFCA complaint. If you haven't been a troublesome user they (Ebay) will typically give you a good will guesture rather than tangle with AFCA. However $1k+ is a fair amount so make sure your AFCA complaint is concise but well documented.

      Also don't bother with Ebay as other people have said. Just do face to face cash transactions with FBM or Gumtree etc.

    • Ok, so I call the AFCA and report the buyer? On what grounds though? As they already said they don't recognise the transaction.

      • You can't if eBay isn't registered with them, which it seems they aren't from a quick look.

        • Thanks, I will ring just to be sure tomorrow.

    • +1

      I have a story. A couple months ago I sold my Oculus Quest 1 on eBay.
      I received money using eBay's new payment system, and sent using Sendle.
      Buyer complains a few days later saying that Sendle claims it was delivered but it wasn't.
      They open an investigation with Sendle.
      Sendle does a "nationwide investigation", they don't find the package.
      Buyer tells me that Sendle says I need to refund them and Sendle will reimburse me.
      In good faith I take their word for it. Full refund given through eBay.
      I contact Sendle, guess what?
      No reimbursement.
      This is because I chose the option "Authority to Leave", which completely nullifies Sendle's responsibilities apparently, and voids the protection.
      Contact eBay through LiveChat.
      eBay tells me I should have contacted eBay and should not have refunded them and they are completely powerless.
      Totally agree with with you @RobBoss. I will not sell on eBay after this experience

      • The worse part is that even if you didn't issue the refund, eBay would have forced you after your time has ran out.

  • +3

    I wonder if someone else in the household used the eBay account to purchase OP's item and hasn't admitted it to the owner of the eBay account.

    • Buyer is the person who received the item, yes they know.

      • +5

        In my recent experiences, AP don't sight ID.
        They simply ask if you're Jane Doe.
        So any dodgy housemate could've come to the door and scribbled.

        Not your problem though… the address received it.

  • +4

    Did you sell a designer item? Ebay always sides with the buyer which is why I never sell on eBay now. Too many scammers out there.

    • +1

      I think you may misunderstand the Nature of the Buyers complaint, they opened the dispute with reason the Transaction is not recognised, not item not described.

      • +3

        You think scammers won’t try every reason to pull off their scam? Report to police as fraud.

        • I don't believe popo tend to private sales online.

      • +1

        I'm a little bit confused by what "transaction not recognised" means. Is this when they called the bank and say "I didn't make this transaction"? And ebay don't care to follow up on the item that was posted and received by the buyer?

        Ebay support is the absolute worst all the times I've had to deal with them, they always seem to side with the people out to scam you. I've pretty much stopped buying from randos or selling on there.

        • Yes a chargeback.

  • +2

    You need to establish if Ebay are a member of AFCA. "All Australian financial services licensees, Australian credit licensees, authorised credit representatives and superannuation trustees are required to be a member of the Australian Financial Complaints Authority (AFCA) under their financial services licence conditions, in accordance with ASIC Regulatory Guide RG 165. Our members include banks, insurers, credit providers, financial advisers, debt collection agencies, superannuation trustees and many more." I did a quick search but could not seem to find them listed as a member.

    To be sure, call AFCA tomorrow to see if Ebay are a member of AFCA. If they're not, I would take the issue to small claims. I would not confront the buyer.

    • I will do just that, by the way, if eBay is not a member of the AFCA. Who do I take the claim to the small claims? Do I lodge a claim against the Buyer or eBay?

      • +3

        I would take the buyer to small claims.

        In future please don't sell items on ebay that are of high value. From everything I have read, there are more and more scams on ebay.

        • Thanks lesson learnt, shall i contact them or send them an sms to ask the items back first before I go to the small claims though? Just to have some kind of evidence that I have contacted the buyer and if they dont respond then I will go to the small claims?

          • +1

            @Aerith-Waifu: Send them a registered letter outlining your grievance (like the letter of demand you mentioned earlier) and that you will take this to court if you receive no response. Ask them to either return the item to you or to make payment for it.

            • @Pete10001: I will send them a sms, a letter of demand and visit them first before going to a smalls claim.

              So eBay is really a dead end now looks like……..

              • @Aerith-Waifu: You could certainly threaten them with small claims court but the practicalities of going through with it may not be worth the time and effort.

                Some things to consider about small claims:
                - it costs money to file a claim, and also to legally serve documents. That's $200+ in expenses and you may not win.
                - the burden of proof will be on you ie. can you prove that the persons ebay account/ address was the same as the payment method and that cc fraud wasn't involved? I can see this turning into a mess of your word against there's.
                - even if you win there's no guarantee they will pay, even with a court order. You may have to file a new claim to dispute the fact they didn't pay the court order.

                • @Fever4shakin: Hi, how is it possible that if I won they wont pay? A court order has no enforcement?

                  • @Aerith-Waifu: Because no one will physically make them make the payment so they are free to ignore the court order. If they don't obey the court order you then have to take it back to court for the "enforcement" which is more time and money. Basically you can't just call the police if they don't pay the court order, you have to file a new claim in court.

                    • @Fever4shakin: Or you can hand it to a debt collector and let them chase it

                      • @spaceflight: Then the debt collector takes their cut. So after court filing fees and the time and effort taken to chase this you've maybe reclaimed $500 at best.

  • +26

    Pick me up on the way and we can demand for the item to be returned. Then I will piss on their doorstep.

    • +3

      and bring bikies with you

      • Make sure everybody eat a kilo of Asparagus so the effect will last!

    • +9

      Username does indeed check out.

  • +3

    Is calling the police on the buyer for illegally receiving items not belonging to them even an option? I know its absurd but hear me out:

    I have eBay transaction page and delivery confirmation matching exactly to a T. The name of the person who purchased the item, the name of the person who received the item are the same person, address also matches. I have even got an email from Australia Post indicating the item was received by the same person at the exact same address on eBay. Now they have gotten their money back, they now have in possession of an item not belonging to them.

    Would asking the police telling them to return an item to its rightful owner not an argument I can make here since they have indicated on the first place the transaction was not recognised in the first place?

    • +6

      You can report it to the police but I believe they will just tell you it's a civil matter…

      • Oh really? Receiving stolen goods is a civil matter? I didnt know that before, thanks

        • +1

          It's not really stolen. The police will just tell you to get a lawyer. This stuff happens all the time.

          Somewhere in the terms and conditions of eBay it will say they have the ultimate say, and you will have agreed to this. It sucks.

          Edit:
          You also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any case – including an item returned for remorse reasons – where a buyer and seller cannot come to agreement. If we resolve a case in the buyer's favour, the seller will be required to issue a full refund to the buyer (including original postage costs), either by reversal of the transaction processed by eBay Commerce Australia Pty Ltd for managed payments transactions, by automatic reversal of the transaction from the seller's PayPal account, or by reimbursing eBay in cases where we refunded the buyer directly.

          Yep. You agreed to it.

        • +7

          Receiving stolen goods is a civil matter?

          They didn't receive stolen goods unless you sent stolen goods. They received an item you sent. It was never 'stolen'.

          • +1

            @dmbminaret: What if I ask them to return the good and they refuse. Would that make any differences?

            • @Aerith-Waifu: It still wasn't stolen. No one took it from you, you sent it. Yes, they shouldn't have it due to the circumstances, but it was never stolen. Maybe acquired under fraudulent actions or something would be closer terminology.

              • @dmbminaret: Ok thanks. If its a fraudulent matter then its a civil case or a criminal case? The thing is I don't have the information regarding how their Financial Institution comes to the conclusion of side-lining with the buyer's claim that the transaction is unauthorised? Surely there is IP Address they can track or something…..

                • +2

                  @Aerith-Waifu: Fraud, theft, whatever - it's got to be a criminal.

                • +2

                  @Aerith-Waifu: It could be the offence of Obtain Property By Deception.

                  If they've purported to be a genuine buyer, and then accepted the items only to then reverse the charges, that's the perfect definition of obtaining property by deception.

                  If the police won't help you (they probably won't, because it's basically an online scam), and you have the persons name and address, with proof that they've received the item, I'd be lodging a claim with your local Tribunal. Application fees are approximately $75 in each state. No lawyers, you self represent and go into mediation with the other side (controlled by the tribunal).

                  If you've got proof they've received it, I'd be chasing it up further. When they are summonsed to appear at the Tribunal, things get real very quickly for them.

                  It's $1,000… don't let this go.

  • +1

    Good luck op, seems you did everything right.

    Can you open a new case?

    • +1

      Open a case on a buyer? You can do that on eBay? Let me have a look and report back:

      Edit: looks like you can report the buyer:

      Next, tell us what happened

      Buyer demanded something that was not offered in my listing
      Buyer made a false claim ———————-> this one maybe but I dont know if this is the option in my case?
      Claimed the item was not as described when that wasn't true
      Claimed the item was not received when tracking shows it was delivered
      Buyer misused returns
      Buyer messaged me or retracted their bid with no intention of buying my item

      • +3

        Doesn't work, I have reported a buyer before. ScamBay will NOT disclose the outcome to you.

        • ok thanks for that. Looks like small claim is the only option here.

          • @Aerith-Waifu: Ebay still have to operate by the laws of Australia no matter what crap they put in their rules . Hence State Consumer Organizations and ACCC if they have breached contract law which they have appeared to have done .

            • @popsiee: You can complain but it's very unlikely to result in any sort of meaningful outcome for your individual case.

              • @meowsers: Fair trading must have some traction with ebay..were able to resolve an issue fairly quickly for me…

                • @randomusername2017: Yes thats an option also. I be interested to see how the eBay Seller Protection will respond to my case also.

  • +7

    so there is no seller protection on ebay?

  • I have eBay transaction page and delivery confirmation matching exactly to a T. The name of the person who purchased the item, the name of the person who received the item are the same person, address also matches.

    Wonder if the name on the credit card used for payment also matches.. sure ebay will tell you…/s

    Might have more luck chasing Adyen Australia Pty Ltd via AFCA.

    • +1

      eBay would not tell me anything at the moment. Their live chat has been given me links after links which isnt helpful……………

      • +2

        I would be doing something more than live chat. For $30 maybe but you are down $1000. Call, email and do all the other stuff listed here by others. Don't be an (profanity), but don't lay down and take it either. You have rights. You need to find out what they are and speak to multiple people in ebay until you get to someone who is trained to handle your case and then if you don't have success, you go through the official third party outfits mentioned here.

        • Yes I shall do that for sure. I will call eBay tomorrow and ask to speak to a supervisor and report back. I will also ring the AFCA to see if eBay is part of the FI. Then again I will also ring the local police station to see if they have any advise they can give me. Letter of demand may also be sent out. It will be very busy week for me I guess.

      • +2

        ebay live chat is their first line of defence, designed to placate and run you around in circles with pro forma scripted responses. You need a contact within ebay Australia.

        • You mean I need to bypass the normal Live Chat agent and ask to speak to a supervisor directly?

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