Question:
Do I have enough evidence and reason to open small claim court case please?
Dee
2015-07-04 01:55:40 UTC
Hi everyone,

I would be so grateful for some advice. I sold an item on eBay. The buyer posted back completely devaluated item - broken collector's item. Bay refunded them. Bay said to appeal, I did but they refused to look at any of my evidence ( she claimed it is fake - i have authentication letter is not). I ave photos clear before eI posted and after it arrived damaged as well as video when the item arrived. Ebay states the item needs to be in original condition but when I contest them they have no procedure in place to check original condition so they automaticaly decide in buyer's favour.
I believe she should not get away with this. In any store they would not take item back broken in half. There is clear evidence this could not happen in the post. Now, my question is this enough for me to take her to small claims court? Is it considered to be fraud for sending back broken item? Is eBay anyhow reliable for claiming that you need to refund buyer only if item arrives in original condition but they still refunded her without looking at the evidence?
I'm 8 months pregnant and they cause me so much stress in past days I don't know how to proceed.
Thank you for any answer especially if you have experience of taking someone to court for similar mail scam/fraud.
Thank you
Four answers:
Yeti
2015-07-04 02:58:03 UTC
It's not clear if the buyer claimed the item was fake or damaged.



Stores would take back items broken in half if they had been *shipped* and not just carried out the store by a consumer. So you are wrong there. Most would even take back items if the buyer carried it out and said it broke as soon as they got it home.



You say there's clear evidence it didn't break in the post, but don't state what it is. You state the item is authentic and you have some letter, but that doesn't help us on this end either. Anyone can forge a letter too.



It's your responsibility as seller to ensure an item is authentic, and that it arrives safely. You pack the item. You choose the shipping service. You choose if it includes insurance, etc.



From what you've indicated here, you have zero case. Trying to file some small claims court case against someone who presumably lives in another town/state is a waste of time.



In the future, ensure your items are authentic. Be ready to take them back if that's disputed. If an item can be broken in transit, use a shipping service that includes insurance. Even Priority Mail now includes some insurance automatically. Pack the item carefully. If you had insurance in this situation, you'd be able to collect, as long as the buyer was willing to sign a statement with the post office that the item had arrived damaged. The post office would keep the item... so if it was counterfeit, they'd figure that out sooner or later too.



Anyway, you have no case indicated here. The allegations of a fake item would imply you're the one most likely committing fraud. You may have a case against whoever provided it to you in the first place with some authentication letter that's likely forged itself. That's the person who may have undeserved money in this. The eBay buyer has gained nothing from the transaction with you other than a waste of their time.
Dee
2015-07-04 12:07:27 UTC
hank you for your input and I am sorry for not being clear enough.

Ok, the buyer claimed the item is fake not broken. She mentioned nothing about the item being broken. She held it for four weeks then contacted me she wants to return as the item is fake. The item had been authenticated by the official UK manufacture factory. There is an evidence that the item had not been broken in the post. If this would be the case I would already claim through post office. There were missing parts on the arrival and the box came intact as well as the item outside is untouched. This could only happen by someone taken the item apart and breaking it. So I the buyer can bring damaged or used item and there is nothing I can do to protect myself? I am not a seller, I sold my own collection item and it is now worth zero. Is there no way I can get back what was mine? It is obvious that this had been broken by mishandling this item and forcefully damaging. I'm sure there must be some law against it. Or can I buy anything online, break it and use it and then decide to post it back and there is no legal action they can take against me?
?
2015-07-04 02:58:24 UTC
It's not fraud to return a broken item if it was really broken on arrival.



Postal carriers break items all the time. You can't exonerate them based on just your personal opinion.



The fact is that you can't prove if the item was broken after of before delivery. So it might be waste of time trying to sue the buyer.
?
2015-07-04 07:11:56 UTC
you serve the papers,pay the 100 dollar court fee, the judge says win or lose.....up to you to collect.....get over it....that pesky, broken but not insured minor issue


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
Loading...