Sale of a smartphone in Greece, the buyer opens a dispute after 21 days
Summary: piezel-98 recounts his experience with eBay after his account was suspended following a dispute over the sale of a smartphone in Greece. Despite providing proof of shipment, eBay closed the dispute in the buyer’s favor, who then claimed to have received the package. piezel-98 got the money back through a SEPA recall, but eBay blocked his account and handed the claim over to a debt collection agency. He describes the seizure threats he received as bluff, explaining that the debt is disputable and that the amount is too small for legal action. Other participants point out that the dispute stems from the terms of use he accepted on eBay. piezel-98 maintains that eBay’s terms and conditions cannot override French law and criticizes the platform’s handling of the dispute.
Hello,
My previous EBay account was suspended, so I can no longer use it, I had to create a new one.
I sold many items (about thirty) from my previous account, everything was going well until the day I sold a smartphone to Greece for 122 euros, the buyer paid for the order, I sent the item the next day.
Problem, the Greek post is very slow, and the item took a month to arrive at the buyer's place, who did acknowledge receipt of the item and confirmed that everything was okay. Problem, after 21 days, he opened a dispute for item not received even though I provided Ebay with proof of shipment by Colissimo with date and online tracking showing that the package was in transit.
Ebay closed the dispute in the buyer's favor and therefore took the 122 euros from my account. A week later, I see that the package was indeed delivered to the buyer who obviously confirms to me that he did receive the item and too bad for me.
So, I do a SEPA chargeback of the 122 euros to my bank account through my bank and I get my money back. The buyer has his phone, which suits him, he keeps it and I get back (by force) my 122 euros through the SEPA money recall procedure.
Ebay then blocks my account because of an unpaid balance of 122 euros. Too bad, I lost access to my account but as a matter of principle, I refuse to pay an amount for a phone that was properly delivered to the buyer.
A few months pass and I start receiving threats of seizure by bailiff by post. Ebay has handed the 122 euros over to a collection agency that deals directly with me. I call the agency explaining the situation, for now no news, they told me they were taking note and would check with Ebay, but it is obvious that nothing will happen over such a small amount.
By the way, under French law, a debt must be certain and undisputed in order to be taken to court, and here, we're nowhere near that.
Since then I have left EBay for good, I just reopened an account just in case, and I discovered that it was much more profitable to sell on sites specialized in the niche you're targeting (for example reverb for music) which are much more visited by people who are actually interested in the niche you're targeting.
In short, the threat of taking me to court over 122 euros really made me laugh, but shows the true face of EBay, a company that couldn't care less about its customers. They send cases off to disputes without even checking the reasons and the amounts. Complete incompetents.
Have a good day,
noctisauxroses
·2 years agoWhat you didn’t understand, because of course you didn’t read the rules before signing up, is that Ebay is not a sales site, but a site that connects sellers and buyers.
In that context, it charges you 2 things:
A banking service
Software help for resolving problems
In all cases, if there is a dispute not resolved by Ebay, the law is what applies, so you end up face to face seller buyer complaint filing, etc
And according to the Ebay rules you agreed to when signing up, you have released them from all criminal liability regarding sales.
In short, on the site there are sellers, buyers, and a facilitating intermediary
So yes, you signed a contract with Ebay and you owe Ebay the sums due under the terms of the contract
For a purchase in France, a negotiation with Ebay France would have been possible, abroad too bad for you.
Indeed, there is little chance that proceedings would succeed against you, given the small amount, but I’m sorry to tell you that you are at fault and that Ebay is right.
Before signing, you have to read the contract...
piezel-98
OP2 years agoUseless reply, only a judge can untangle this story. Unless you're a magistrate, a specialist in international commercial disputes, you know no more than the average person, that is, all of us here.
Besides, talking about the possibility of legal proceedings for 122 euros shows that you're completely ignorant about the costs that a dispute incurs.
Personally, I suffered no harm. I was just talking about the so-called bailiffs in debt collection agencies.
piezel-98
OP2 years agoHere’s a small example to help you understand. I create a shop, and I put in the T&Cs that only people of the Catholic faith are allowed to enter, or that people with this or that physical trait are allowed, for example blond women but not redheads.
Illegal T&Cs, I can be prosecuted at any time for discrimination and I’d be sure to lose.
It’s not enough to write things in T&Cs or ToS for the courts to consider them valid.
piezel-98
OP2 years agoI meant secondhand consignment store, I can't edit my previous message.
rank_21
·2 years agoThanks for the info and for sharing, it's interesting to know. Especially special cases like yours.
piezel-98
OP2 years agoGood evening,
If this can help other international sellers, then that’s something at least. The main problem is that once the dispute has been closed by EBay, it is supposedly impossible to change it.
You’ll get your money back with the SEPA direct debit reversal, but you’ll lose your eBay account. For a professional seller, that can be problematic, even if some have several accounts in parallel.
Have a good evening,
Pierre
monoiehaka
·2 years agohello
don’t sweat it
noctisauxroses
·2 years ago? Is that your answer to the question asked by Mr. piezel-98 ?
frelonverre
·2 years ago@piezel-98
ok but what’s all that supposed to mean? on the forum you won’t alert anyone, the responders have seen so much they’re blasé, the bystanders only read what matches their own case, so you can imagine that the person with a problem isn’t interested in yours
piezel-98
OP2 years agoJust to let you know that eBay sends unpaid debts to bailiffs or collection agencies even if it is illegal.
A debt must be certain and undisputed before it can go before a judge. The intimidation letters from these outfits are very threatening and meant to scare sellers into paying the amount. Some might be tempted to do it out of fear. Don't do it.
I didn't see in the replies any topic about collection agencies or bailiffs unlawfully appointed by EBay.
frelonverre
·2 years ago@piezel-98
Just to let you know that Ebay sends unpaid debts to bailiffs or debt collection agencies even if it’s illegal.
many companies do this, whether it’s pension funds or ordinary shopkeepers (been there) , so there’s no reason to be surprised that ebay does it
all the more so since by getting your money back through dubious means, you have violated a rule you accepted in order to be able to post ads
piezel-98
OP2 years agoNo, in legal terms, that’s called a dispute at most, but definitely not a debt.
A debt is if you stop repaying a loan, or are overdrawn on your bank account without authorization, for example.
A dispute is if you believe that the money being demanded from you is not owed for valid and verifiable reasons.
piezel-98
OP2 years agoeBay's terms and conditions can't get around French law. I maintain that before a judge, the agent appointed by eBay will be dismissed. All the more so since the amount in question is totally disproportionate compared to the costs of litigation (but that's another story)
The attempts by collection agencies or bailiffs to recover a sum of 122 euros that is not definitely owed can only be called one thing: bluff.
Besides, the collection agency I spoke to on the phone knew nothing about the case and had been appointed without the slightest information on the matter. When you involve a bailiff or a collection agency, you at least take the trouble to explain things.
noctisauxroses
·2 years agoWow, I’m getting really fed up reading you. If you weren’t here to ask us for help but just to vent and tell us that we understood nothing and that you were the most self-assured of us all, please, in the future, just move along and don’t come bother us for nothing anymore^^
piezel-98
OP2 years agoNothing obliges you to reply to this thread if it bothers you. You speak on your own behalf while using " we " as if you were the moderator of this forum and mandated by an entire community.
In short, ignore me. If you get worked up over every story that bothers you on the forums, you’re in for a long ride.
frelonverre
·2 years ago@piezel-98
well, I’m not going to go on and on about it, if you’re convinced you’re right, take the matter to court, otherwise reread the site’s terms of use, remember that you gave them access to your account and get ready to fight it out
piezel-98
OP2 years agoYou didn't understand, it's Ebay via a debt collection agency that's after me, not the other way around. Don't reverse the roles.
Thanks
frelonverre
·2 years ago@piezel-98
of course I had understood, but you should have, for "be within the rules," gone to court against eBay; there you put yourselves in the wrong with regard to a rule that you accepted