Need Help VCAT Case against eBay

stevtom27 on 17/02/2022 - 00:10
Last edited 17/02/2022 - 10:43 by 1 other user

I got scammed on eBay for $2k and received no item, eBay didn't cover as they stated was 30 days from purchase date their own internal policy, regardless of me raising a case day of receipt of the empty envelope. I am putting together my case to take them to VCAT, my last option to get my money back.

I need help as I've never done this before, anyone else been to a VCAT tribunal or have a legal background which can give me some pointers, most of what I look for online is related to building disputes which isn't helpful.

General Discussion VCAT

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Comments

  • Hybroid on 17/02/2022 - 00:14

    You agreed to the policy when you signed up and purchased the item. Good luck with that.

    https://pages.ebay.com.au/ebay-money-back-guarantee/

    You need to do this within 30 days of the actual delivery date, or the estimated delivery date if an item hasn’t arrived.

    Having said that, their money back guarentee says actual delivery date, not purchase date. Double check.

    The actual delivery date (the date that tracking confirms the item was delivered, or the date that an item was collected).

    https://www.ebay.com.au/help/policies/ebay-money-back-guaran…

    • stevtom27 on 17/02/2022 - 01:03
      +1

      The thing that frustrates me is that they acknowledge i was scammed and they have more power to recover the funds from the seller being the business and having ability to claw back funds and they advertise on every listing "money back guarantee shop woth confidence". Why do they have a 30 day limit for claims otther than to get out of paying victims. They are the marketplace and have a duty to make sure scammers dont operate on it.

      • Hybroid on 17/02/2022 - 01:08
        +2

        There's a counterpoint to this. There's no proof that you're not the scammer yourself from eBay's perspective. Anything can be faked nowadays and there's plenty of buyers claiming they didn't get the item they ordered to get a refund as well as keep item. It works both ways. (Not saying you are, just providing devil's advocate alternative view).

        The 30 day limit is to manage their exposure financially and normal business operating. It's unreasonable to the business for you to claim 6 months later that item not arrived as expected and to then expect a refund on the spot. Not many stores offer unlimited day returns for items for the same reason.

        Appreciate your frustration though, losing $2k to a bleeping scammer is not easy to swallow. But it's a lesson hard learnt, chasing cheap savings can be expensive. Did you check if you claimed 30 days after order or 30 days after actual delivery date? If latter, CC chargeback as mentioned below might be your only recourse. Or maybe try Paypal if you paid through that? You'll probably get your eBay account banned but who cares for $2k back.

      • Quantumcat on 17/02/2022 - 09:23
        +1

        Why didn't you raise an item not received claim earlier?

        • stevtom27 on 17/02/2022 - 13:01
          +1

          Because it took that long to get to me. covid delays in mail and he wrote address slightly wrong, i was in contact with auspost and had to get it redelivered from sorting centre.

          • Quantumcat on 17/02/2022 - 13:38

            @stevtom27: As soon as the expected delivery date passed you should have submitted a dispute

            • stevtom27 on 17/02/2022 - 13:51

              @Quantumcat: Hindsight is wonderful

              • Quantumcat on 17/02/2022 - 13:58

                @stevtom27: True, shame this had to be learned with a $2k item not a $20 item. I guess we forget that each of us personally learned this through a bad experience some time in the past and we weren't born knowing

                • stevtom27 on 19/02/2022 - 19:18

                  @Quantumcat: Yeah 1st time ive ever spent this big on ebay and first time im scammed

  • FunDeal on 17/02/2022 - 00:14

    Did you use a credit card ? If so chargeback is an option

    • stevtom27 on 17/02/2022 - 01:04

      Unfortunately used credit card to buy ebay vouchers through shopback so tried and cant use that method. If i used paypal i would have been able to claim theough paypal up to 6 months past purchase

      • ibuy on 17/02/2022 - 01:24
        +2

        That is the risk with vouchers. Unless I know a seller very well (repeat buying) or the price is very high then everything is via paypal and credit card. So if paypal fails, credit card chargeback is used. The discount received vs peace of mind on credit card is not worth the risk.

        Why did you wait more than 30 days? Normally you open a case no matter what the seller says and if it works out you can always close the case.

        Hope vcat can help.

        • Hardlyworkin on 17/02/2022 - 07:50
          +1

          2k using vouchers to some random on eBay? Odds were never in your favour.

          Your best hope is just by putting in the VCAT application and eBay being served the documents they will just pay it as that will cost them less.

        • popsiee on 19/02/2022 - 19:28

          You have no risk assessment skills .
          Try losing .5%( most covered by Ebay if something goes wrong ) vs 7% gift card discount and you are way in front !
          No wonder its a wonderful world for people that have the skills.

          • ibuy on 21/02/2022 - 00:24

            @popsiee: In this case this person has lost $2,000. It’s a lot of purchases to cover this amount with only 7% discount. In this case to recover $2,000 they would have to spend over $28,500. That is the math.

      • [Deactivated] on 17/02/2022 - 10:13
        +3

        Unfortunately used credit card to buy ebay vouchers through shopback

        That's the risk.

        People are more than happy to take a risk for a minimal reward but cry foul when the risk doesn't work in their favour. Can't have it both ways.

        I don't see you getting your money back on this one. Best you can do is to re-assess your risk profile for future things (eg: don't use vouchers for a high value purchase), leave the seller a 1 star review, and if they have an official site then a Google Review and any other social media.

        What was it anyway? It's not common for a business to scam someone for $2k. Were they a new seller or something?

  • dins on 17/02/2022 - 02:49
    +2

    AFAIK it should be 30 days from delivery date not purchase date. Where does it state that it's 30 days from purchase date?

    As per eBay T&C's:

    "Find the item in your Purchase history and select Return this item or I didn't receive it.

    You need to do this within 30 days of the actual delivery date, or the estimated delivery date if an item hasn’t arrived."

    Since the dud item with tracking was delivered what should apply in your case is 30 days from the date of delivery. Whoever has told you otherwise is BSing.

    You should be able to open an item not as described dispute. Also contact eBay and ask for them to email you a statutory declaration form (online help chat should be able to do that). Fill it out and get it signed and witnessed by a JP asap and then follow the instructions provided to add it to your case.

    Give it a couple of days and if you still haven't heard back again get on eBay online help chat (during business hours) and let them know that you have already added the statutory declaration to the case and they should be able to sort it out.

    Best of luck hopefully you get the money back. You should be covered unless it was an item from their excluded list.

    Excluded items

    Real Estate
    Websites, Businesses for Sale
    Digital content, Intangible goods (with the exception of digital gift cards)
    Non-fungible tokens (NFTs) including physical items combined with or attached to NFTs
    Classified Ads
    Services
    Travel tickets or vouchers, Event tickets
    Heavy machinery
    Motor vehicles, including recreational vehicles, aircraft and boats

    • stevtom27 on 17/02/2022 - 13:03
      +1

      They argue its the shorter of. I.e. expected delivery date was earlier than delivery, thats the date they use

      • dins on 17/02/2022 - 16:30

        Just came across this. I'm thinking the scammer might actually know this and trying to exploit unwitting buyers this way. Was it a low feedback/newbie seller? Tbh I had no idea about this myself and I've been buying and selling on eBay for yonks.

        Estimated and actual delivery dates

        Under eBay Money Back Guarantee, time frames to report an issue or request a return may be based on:

        The estimated delivery date (the latest date in the estimated delivery range that was provided to the buyer at checkout), or The actual delivery date (the date that tracking confirms the item was delivered, or the date that an item was collected).

        The table below sets out which of these applies when determining the latest date to report an issue or request a return.

        When tracking shows the item was delivered/collected before the estimated delivery date
        Actual delivery/collection date

        When tracking shows the item was delivered/collected after the estimated delivery date
        Estimated delivery date

        When no tracking information is available
        Estimated delivery date

        Buyers can find estimated delivery information in their Purchase history. Sellers can find the estimated delivery information that was provided to the buyer at the top of their Order details page.

  • AndyC1 on 17/02/2022 - 08:08
    +1

    Download the ebay terms and conditions and read every word in the terms and see where you stand as it looks like you have not done that. This is your contract.

    Second write down chronological what happened on the dates and what was said/done/emailed and who you spoke to or emailed. This is your evidence.

    If Ebay breached the contract aka terms based on your evidence then you have a case, but if not then you will loose. At the moment you will loose as your case is based on terms that do not exist.

  • solidussnake on 17/02/2022 - 09:08

    What
    When
    Who
    How
    Why

  • Porker on 17/02/2022 - 09:56

    I just can't see ebay coming to the table at VCAT.

    Even if you win and VCAT determines that they need to pay you, if they don't then there's nothing more that VCAT can do. At that point, you'll need to take ebay to the Magistrates Court to get your money.

    Plus you'll need to pay a $400~$500 application fee to submit your case to VCAT and that won't be refunded to you, even if you win against ebay. Self representation also means covering your costs, unless you have some expert documentation or solicitor involved, and win.

    • nedski on 17/02/2022 - 11:24
      +1

      When you make a claim in VCAT you can also include the cost of taking the action. So you arent out of pocket here.

      Also if VCAT finds in your favour, then yes you may have to go to Magistrates to get paid but thats just what you have to do.

      I also wouldnt stress too much about the 30 days in their policy, I would argue that it is an Unfair Contract Term under the Australian Consumer Law and not applicable.

  • Almost Banned on 17/02/2022 - 12:12
    +1

    Are you sure the correct counter-party is Ebay, and not the seller?

    • stevtom27 on 17/02/2022 - 13:02

      Police followed up name and address on seller profile, was fake name and not their address

      • Quantumcat on 17/02/2022 - 14:00

        Doesn't ebay require ID/bank details to open a seller amount nowadays?

      • Almost Banned on 17/02/2022 - 15:30

        But the question remains - who did you contract with/who was the supplier of the item?
        Was it Ebay, or the seller?
        If it wasn't Ebay, it doesn't matter that the seller profile was fake.
        Unless you want to make this claim bigger than Ben Hur and take Ebay on for permitting fraudulent sellers to use their platform.

    • Jetstream on 18/02/2022 - 10:11

      This

  • asrey1975 on 31/05/2022 - 22:02

    Take it to VCAT, get your hearing booked. Chances are eBay will not be bothered to turn up and you will get a summary judgement in your favor IMO.

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