# Has ANYONE Ever Won an eBay Case?? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [December 30, 2010, 6:03am UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802 "2010-12-30T06:03:13Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![NineToTheSky](https://avatars.discourse-cdn.com/v4/letter/n/b5a626/32.png) [@NineToTheSky](https://boards.straightdope.com/u/NineToTheSky)\ **Post date:** [December 30, 2010, 6:20pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/21 "2010-12-30T18:20:54Z")
> [@PapSett](#): > > WHY am I being treated like the bad guy here? I did nothing but try to buy some chewies my dogs wouldn’t burn thru in no time, and everywhere I turn I am being treated like _I_ am the scammster. ☹ I am not lying about anything, not trying to pull a fast one. > > This whole situation, including the way I am being treated here, bites. I have no views as to the rights and wrongs of this issue, but one of the ‘interesting’ aspects of the Dope is that you can be unexpectedly savaged at any time. (It is one of the reasons that I gave up posting anything of a personal nature on the Dope several years ago.) I sympathise, but I’m afraid it is part of the package. ---
**Author:** ![PapSett](https://avatars.discourse-cdn.com/v4/letter/p/ecc23a/32.png) [@PapSett](https://boards.straightdope.com/u/PapSett)\ **Post date:** [December 30, 2010, 6:27pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/22 "2010-12-30T18:27:23Z")
> [@DrDeth](#): > > No, you’re not a bad guy. But, you’re trying to make out eBay as the bad guy, where in fact, you violated eBay rules. It \*\*appears here that you also bought much of the product outside the actual auction, and eBay doesn’t like that, either. \*\*In other words, you have a legit beef with the seller. You can file complaints with the postal authorities, FTC, District Attorney, or even sue him. However, you have no legit complaint with eBay. Not true. He offered multiples of each size IN THE AUCTION and I used Buy It Now to PURCHASE the multiples THROUGH eBAY. See the above EBAY INVOICE I posted. I may have been too trusting with this seller but that is my ONLY crime. I used Buy It Now fair and square, paid promptly with the form the seller requested and am now getting royally screwed. My only complaint with eBay is that they are letting him get by with ripping me off. My REAL complaint is with [name removed], the jerkwad that is stealing from me. ---
**Author:** ![PapSett](https://avatars.discourse-cdn.com/v4/letter/p/ecc23a/32.png) [@PapSett](https://boards.straightdope.com/u/PapSett)\ **Post date:** [December 30, 2010, 6:33pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/23 "2010-12-30T18:33:48Z")
> [@NineToTheSky](#): > > I have no views as to the rights and wrongs of this issue, but one of the ‘interesting’ aspects of the Dope is that you can be unexpectedly savaged at any time. (It is one of the reasons that I gave up posting anything of a personal nature on the Dope several years ago.) I sympathise, but I’m afraid it is part of the package. Oh… belierve me… I know allllll about being attacked here. It’s why this is my first thread since Aug. and will likelyh be my last. All I was lookig for here was a little input, to see if I have any options I have overlooked… did NOT expect to be called a liar and treated like a crook. SDMB has changed drastically since I first came here almost 10 years ago. It’s sad, really, how people become mean-spirited for no real reason. It’s no wonder that I like my dogs better than 99% of humanity. ---
**Author:** ![NineToTheSky](https://avatars.discourse-cdn.com/v4/letter/n/b5a626/32.png) [@NineToTheSky](https://boards.straightdope.com/u/NineToTheSky)\ **Post date:** [December 30, 2010, 6:43pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/24 "2010-12-30T18:43:18Z")
> [@PapSett](#): > > Oh… belierve me… I know allllll about being attacked here. It’s why this is my first thread since Aug. and will likelyh be my last. All I was lookig for here was a little input, to see if I have any options I have overlooked… did NOT expect to be called a liar and treated like a crook. > > SDMB has changed drastically since I first came here almost 10 years ago. It’s sad, really, how people become mean-spirited for no real reason. It’s no wonder that I like my dogs better than 99% of humanity. I feel for you. Unfortunately, it’s usually the few negative posts that have the most impact, despite that generally there are many more positive ones. ---
**Author:** ![MsWhatsit](https://avatars.discourse-cdn.com/v4/letter/m/eb8c5e/32.png) [@MsWhatsit](https://boards.straightdope.com/u/MsWhatsit)\ **Post date:** [December 30, 2010, 6:44pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/25 "2010-12-30T18:44:35Z")
In my opinion, **PapSett** did not violate any eBay rules. The seller did, by saying that he won’t accept PayPal. That’s a violation of eBay’s current terms of service. Sellers are prohibited from accepting checks in most auction categories. I can’t find anything, however, that says that if a buyer does pay with a check, that the _buyer_ has violated the TOS. Additionally, even if it is a technical violation, I can’t fault **PapSett** for not knowing the intricacies of current eBay selling rules. I mean, I had trouble keeping up with this crap when I was a regular seller on eBay myself. When eBay first started, all payments were done by check or money order, because PayPal didn’t exist yet. I would not expect Joe Random Buyer to know that these days checks are actually prohibited. That’s the seller’s responsibility. **PapSett** , I’m sorry eBay decided against you. Personally, if it were me, I’d report this seller’s other current auctions (assuming he has any) for violating eBay TOS in not accepting PayPal. I suspect he will not be an active seller for much longer. ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [December 30, 2010, 6:45pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/26 "2010-12-30T18:45:35Z")
I’m not that experienced with eBay nuances (I always pay with PayPal and haven’t had any problems), but if that is all the communication you received from them, it’s a piss-poor message if they don’t tell why they are denying your claim. You obviously got just got a stock boilerplate response. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 30, 2010, 6:48pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/27 "2010-12-30T18:48:58Z")
> [@PapSett](#): > > Not true. He offered multiples of each size IN THE AUCTION and I used Buy It Now to PURCHASE the multiples THROUGH eBAY. See the above EBAY INVOICE I posted. > > I may have been too trusting with this seller but that is my ONLY crime. I used Buy It Now fair and square, paid promptly with the form the seller requested and am now getting royally screwed. > > My only complaint with eBay is that they are letting him get by with ripping me off. My REAL complaint is with [name removed], the jerkwad that is stealing from me. Ok. And, no, there is no crime on your part. The bad guy is the seller. BUT- Since you did not follow eBays rules, you don’t qualify for eBays special purchase protection. So, you have no beef with eBay. That’s what we’re trying to get through- ebay did exactly what they are supposed to do, they didn’t do anything wrong. You have no beef against them, no cause to open a thread complaining _about eBay_. As we have shown you, eBay is very good about handling Cases where the buyer has followed the rules. I undertsand why you didn’t, hell, like I said, occ i have just slipped a small bill in a envelope and sent it off. Perfectly Ok, but one I did so, I knew I no longer could ask eBay to get my money back- all I could do is file a NEG and alert eBay about a bad seller. Ebay is not " …_they are letting him get by with ripping me off_. ". As far as eBay can tell, you never paid for the auction, thus there’s nothing eBay can do to help you. Well, other than letting you file your NEG, etc. EBay has held up it’s part of the deal. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 30, 2010, 7:01pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/28 "2010-12-30T19:01:15Z")
> [@MsWhatsit](#): > > In my opinion, **PapSett** did not violate any eBay rules. The seller did, by saying that he won’t accept PayPal. That’s a violation of eBay’s current terms of service. Sellers are prohibited from accepting checks in most auction categories. I can’t find anything, however, that says that if a buyer does pay with a check, that the _buyer_ has violated the TOS. > > Additionally, even if it is a technical violation, I can’t fault **PapSett** for not knowing the intricacies of current eBay selling rules. I mean, I had trouble keeping up with this crap when I was a regular seller on eBay myself. When eBay first started, all payments were done by check or money order, because PayPal didn’t exist yet. I would not expect Joe Random Buyer to know that these days checks are actually prohibited. That’s the seller’s responsibility.. **PapSett** is not “Joe Random Buyer”, he has been a eBay user since 2000, with a rating of 786, and is also a Seller, having sold nearly 100 items in the last year. I’d say that is a very experienced ebay user. Here are the rules for Buyer Protection: > **[Security Measure | eBay](https://www.ebay.com/splashui/captcha?ap=1&appName=orch&ru=https%3A%2F%2Fwww.ebay.com%2Fhelp%2Fpolicies%2Febay-money-back-guarantee-policy%2Febay-money-back-guarantee-policy%3Fid%3D4210&iid=74399f69-ed46-48bf-87dd-554ae2756725&iim=NMTg0LjZ&iia=bwEwNS45Qs&iiz=MftOS4xMDA*kgA)** \*"You used one of the following methods listed below: PayPal ProPay Moneybookers Paymate Credit card or debit card processed through the seller’s Internet merchant account Bill Me Later"\* Now, yes, by paying outside Paypal, outside the system, PapSett is not going to get into trouble with ebay for violating eBays rules for buyers . But by doing failing to follow ebay procedures- his transaction does fall outside eBays Buyer protection. Thus, he has no complaint against eBay. Here are eBays rules for buyers: > **[Security Measure | eBay](https://www.ebay.com/splashui/captcha?ap=1&appName=orch&ru=https%3A%2F%2Fwww.ebay.com%2Fhelp%2Fbuying&iid=0cb09e48-948a-4d5f-b147-03605103dcb3&iim=gMTg0LjL&iia=qFEwNS45CL&iiz=MoNOS4xMDA*Ujw)** \*5. Pay for the item. After you’ve won or bought the item, send your payment to the seller within 3 days. To pay with one of the electronic payment methods offered by the seller, click the Pay Now button in the listing or email notification If you’re picking up the item, you can pay by any method the seller accepts (including cash). Important: Be sure to pay using one of the methods specified by the seller. Checks, money orders, and bank wire transfers aren’t allowed for most purchases. Exceptions include vehicles, capital and business equipment, real estate, items in the Adult Only category, and local pickup. For specifics about payment methods, see our accepted payments policy.\* ---
**Author:** ![Swallowed\_My\_Cellphone](https://avatars.discourse-cdn.com/v4/letter/s/9d8465/32.png) [@Swallowed\_My\_Cellphone](https://boards.straightdope.com/u/Swallowed_My_Cellphone)\ **Post date:** [December 30, 2010, 7:04pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/29 "2010-12-30T19:04:42Z")
> [@DrDeth](#): > > Ebay is not " …_they are letting him get by with ripping me off_. ". As far as eBay can tell, you never paid for the auction, thus there’s nothing eBay can do to help you. Well, other than letting you file your NEG, etc. EBay has held up it’s part of the deal. That does seem to be the case. The response eBay sent was a boilerplate form letter. They probably didn’t actually side with the seller, they just didn’t side with the buyer and that’s the only form letter that sort of fit the situation. They should simply develop another form letter that says “Since eBay protocol wasn’t followed and you didn’t use PayPal, we unfortunately can’t help you in this matter.” ---
**Author:** ![PapSett](https://avatars.discourse-cdn.com/v4/letter/p/ecc23a/32.png) [@PapSett](https://boards.straightdope.com/u/PapSett)\ **Post date:** [December 30, 2010, 7:11pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/30 "2010-12-30T19:11:08Z")
> [@DrDeth](#): > > **PapSett** is not “Joe Random Buyer”, he has been a eBay user since 2000, with a rating of 786, and is also a Seller, having sold nearly 100 items in the last year. I’d say that is a very experienced ebay user. > > Here are the rules for Buyer Protection: > [eBay Money Back Guarantee policy](http://pages.ebay.com/help/policies/buyer-protection.html) > \*"You used one of the following methods listed below: > > PayPal > > ProPay > > Moneybookers > > Paymate > > Credit card or debit card processed through the seller’s Internet merchant account > > Bill Me Later"\* > > Now, yes, by paying outside Paypal, outside the system, PapSett is not going to get into trouble with ebay for violating eBays rules for buyers . But by doing failing to follow ebay procedures- his transaction does fall outside eBays Buyer protection. Thus, he has no complaint against eBay. > > Here are eBays rules for buyers: > [Buying | eBay](http://pages.ebay.com/help/buy/questions/buy-item.html) > \*5. Pay for the item. > After you’ve won or bought the item, send your payment to the seller within 3 days. To pay with one of the electronic payment methods offered by the seller, click the Pay Now button in the listing or email notification If you’re picking up the item, you can pay by any method the seller accepts (including cash). > > Important: > > Be sure to pay using one of the methods specified by the seller. > > Checks, money orders, and bank wire transfers aren’t allowed for most purchases. Exceptions include vehicles, capital and business equipment, real estate, items in the Adult Only category, and local pickup. For specifics about payment methods, see our accepted payments policy.\* Whatever. :rolleyes: eBay changes the nuances of their policies like most people channge their underwear. I am NOT an expert, nor have I ever claimed to be. I may be guilty of NOT PAYING ATTENTION, but I did NOT nor have I ever tried to scam anyone. The fact remains-and I have the cancelled check to PROVE it- I paid Mr. [name removed] $48 for fucking elk antlers and got NOTHING in return. I have every piece of correspondance tha passed between [name removed] and myself saved, including on Dec. 21 when he apologized for the delay and said they had now been sent out. Personally… as I said, I don’t scare what YOU think of me. You are beneath my radar. I was simply looking for input. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 30, 2010, 7:14pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/31 "2010-12-30T19:14:18Z")
> [@PapSett](#): > > Whatever. :rolleyes: eBay changes the nuances of their policies like most people channge their underwear. I am NOT an expert, nor have I ever claimed to be. I may be guilty of NOT PAYING ATTENTION, but I did NOT nor have I ever tried to scam anyone. The fact remains-and I have the cancelled check to PROVE it- I paid Mr. Klollin Weiss $48 for fucking elk antlers and got NOTHING in return. I have every piece of correspondance tha passed between Mr. Weiss and myself saved, including on Dec. 21 when he apologized for the delay and said they had now been sent out. > > Personally… as I said, I don’t scare what YOU think of me. You are beneath my radar. I was simply looking for input. No one thinks you tried to scam anyone. You’re not guilty of anything but blaming eBay instead of the seller. Ebay held up it’s part of the transaction. The seller did not. Apparently he’s going to make good on the deal, even. ---
**Author:** ![rhubarbarin](https://avatars.discourse-cdn.com/v4/letter/r/eb9ed0/32.png) [@rhubarbarin](https://boards.straightdope.com/u/rhubarbarin)\ **Post date:** [December 30, 2010, 7:20pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/32 "2010-12-30T19:20:21Z")
I’m sorry I hurt your feelings by suggesting you are a liar and I am also sorry you lost $50 (which IIRC is not a small amount for you). That seller is a criminal. > [@Mangetout](#): > > This is true, as far as it goes, but the transaction/contract still happened on eBay - this isn’t one of those shady off-ebay sales that they just wash their hands of, and tell you it serves you right for trying to break the system. > Payment by means other than PayPal is still valid on eBay transactions. Sure, eBay can’t manage the process as they can with PayPal, but I don’t think it’s correct to write this totally off as none of eBay’s concern. [No, money orders and checks are no longer supported by ebay’s accepted payments policy except in specific sales categories.](http://pages.ebay.com/help/policies/accepted-payments-policy.html) By their rules it is indeed a shady off-ebay sale, and not covered by their buyer protection policy. A seller could demand payment in the form of a first-born child, but it’s nothing to do with ebay if someone decide to ship off their baby or any other unsupported form of payment. That’s why they have a policy. ---
**Author:** ![Nars\_Glinley](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nars_glinley/32/8177_2.png) [@Nars\_Glinley](https://boards.straightdope.com/u/Nars_Glinley)\ **Post date:** [December 30, 2010, 7:24pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/33 "2010-12-30T19:24:12Z")
> [@DrDeth](#): > > Ebay is not " …_they are letting him get by with ripping me off_. ". As far as eBay can tell, you never paid for the auction, thus there’s nothing eBay can do to help you. Well, other than letting you file your NEG, etc. EBay has held up it’s part of the deal. Wouldn’t the canceled check be proof of payment? ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [December 30, 2010, 7:33pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/34 "2010-12-30T19:33:17Z")
> [@PapSett](#): > > Whatever. :rolleyes: eBay changes the nuances of their policies like most people channge their underwear. I am NOT an expert, nor have I ever claimed to be. I may be guilty of NOT PAYING ATTENTION, but I did NOT nor have I ever tried to scam anyone. The fact remains-and I have the cancelled check to PROVE it- I paid [name removed] $48 for fucking elk antlers and got NOTHING in return. I have every piece of correspondance tha passed between [name removed] and myself saved, including on Dec. 21 when he apologized for the delay and said they had now been sent out. > > Personally… as I said, I don’t scare what YOU think of me. You are beneath my radar. I was simply looking for input. Apparently others _have_ won eBay cases before, which you have yet to acknowledge. Besides. it looks as if your complaint isn’t really with eBay at all, but with the seller. Would you like me to move this to The BBQ Pit? ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 30, 2010, 7:34pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/35 "2010-12-30T19:34:09Z")
> [@Nars\_Glinley](#): > > Wouldn’t the canceled check be proof of payment? Well, to the US post offcie or other legal authorities, yes. But since in this sort of transaction, the buyer is not allowed to pay except thru Paypal, then no. EBay streamlined their Case procedures quite well and carefully. It’s very very easy to file a claim and get a refund. The eBay case resolution is very simple- ebay will check Paypal to see if you have paid. If so, then they will see if the seller has delivery confirmation. If the seller does not (and it’s past time for delivery), you win the case. ---
**Author:** ![Swallowed\_My\_Cellphone](https://avatars.discourse-cdn.com/v4/letter/s/9d8465/32.png) [@Swallowed\_My\_Cellphone](https://boards.straightdope.com/u/Swallowed_My_Cellphone)\ **Post date:** [December 30, 2010, 7:43pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/36 "2010-12-30T19:43:19Z")
> [@Nars\_Glinley](#): > > Wouldn’t the canceled check be proof of payment? It doesn’t make much of a difference if he has “check proof” if eBay’s policy is to only help you out if you used PayPal. Yes, the seller ripped off the OP. Yes, the OP can prove it with a canceled check, but it still is _not_ eBay’s problem to solve if the transaction didn’t go through their approved systems as per their policy. The OP made a choice and agreed to go through with a transaction that is not protected by eBay. So it’s a $48 lesson learned. ---
**Author:** ![lisalan](https://avatars.discourse-cdn.com/v4/letter/l/0ea827/32.png) [@lisalan](https://boards.straightdope.com/u/lisalan)\ **Post date:** [December 30, 2010, 8:18pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/37 "2010-12-30T20:18:35Z")
Did the seller give you a tracking #? Let this be a lesson to you. NEVER buy anything on ebay unless it’s though paypal. The seller was trying to scam you and that’s why he removed paypal as an option. ---
**Author:** ![MsWhatsit](https://avatars.discourse-cdn.com/v4/letter/m/eb8c5e/32.png) [@MsWhatsit](https://boards.straightdope.com/u/MsWhatsit)\ **Post date:** [December 30, 2010, 8:23pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/38 "2010-12-30T20:23:56Z")
> [@DrDeth](#): > > **PapSett** is not “Joe Random Buyer”, he has been a eBay user since 2000, with a rating of 786, and is also a Seller, having sold nearly 100 items in the last year. I’d say that is a very experienced ebay user. OK, in that case, yes, he should have known about these rules; agreed. I still don’t feel it’s fair to assign him more than a tiny share of the blame for this issue, though. (Although eBay doesn’t deserve a huge amount of blame, either; most of it rests with the scamming seller.) ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 30, 2010, 8:40pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/39 "2010-12-30T20:40:59Z")
> [@MsWhatsit](#): > > OK, in that case, yes, he should have known about these rules; agreed. I still don’t feel it’s fair to assign him more than a tiny share of the blame for this issue, though. (Although eBay doesn’t deserve a huge amount of blame, either; most of it rests with the scamming seller.) I am not assigning him any blame. Only thing he has done “wrong” is to blame ebay. It’s Ok once in a while to take a risk and not follow eBay procedures- just when you do, don’t blame eBay. And, it looks like (according to the OP) the seller admits making a mistake and the goods are on the way, let us hope. ---
**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\ **Post date:** [December 30, 2010, 9:25pm UTC](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802/40 "2010-12-30T21:25:27Z")
Sellers will sometimes try to avoid using Paypal because they keep a portion of the payment. eBay won’t allow them to not accept Paypal. Have you tried reporting them to eBay for that? If you threaten the seller with this, will it change their tune? [Previous page](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802.md?page=1) [Next page](https://boards.straightdope.com/t/has-anyone-ever-won-an-ebay-case/565802.md?page=3)