eBay issue, how to proceed?

Apparently I am using different companies than you are. I have never heard of eBay settling a case in favor of the seller. And that included returning an empty envelope.

 

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"Someone stole all of my coins, let me give you $20." Seems legit.

 

Wait, what?

About a year ago, I "won" an auction for four 2007 gold Buffalo 1 oz coins for $5200. At the time, that was right around spot. The seller promptly sent me tracking information. I watched as the package was delivered... to an address halfway across the country. I opened a case, and eBay gave me my money back.

I've had multiple four-figure Buyer Protection cases decided in my favor.

I'm sorry, but if you think "suggestions to contact ebay and paypal are worthless", you don't know much at all about eBay and PayPal, and you probably shouldn't be using them.

 

I've had to return 4 items via eBay. 2 counterfeit and 2 significantly not as described. eBay forced the hand of 2 that refused to refund my money and I got a complete refund from eBay from the 2 that refused. I have no idea what company you are talking about.

 

Of course, but he made it sound like legal charges.

 

I did mean legal charges.

http://www.sfgate.com/business/article/Check-from-a-scammer-bounces-victim-into-jail-2553957.php

http://www.kirotv.com/news/news/cashing-fake-check-could-lead-to-prison/nKYtY/

http://www.king5.com/story/news/2014/08/01/12995964/

https://watchdognation.com/scam-victim-falsely-arrested/

It happens. You might not be convicted, but even being charged can be a long, expensive, and stressful affair.

 

All unfortunate of which some I do recall reading about.

My wife had a Nissan 300ZX for sale and was contacted by one of these scammers. We played along and the scammer even sent a "Cashiers Check" (complete with micro printing) in an over night pouch. Sure looked real but the buyers address, the senders address and the checks address were in three different states.

We took the check to our Bank which was Union Bank and which was a bank that we had our accounts in and knew all the tellers and manager quite well. They immediately knew that the check was bogus when we asked them. No police were called and no charges were made.

Speaking directly to the initial link you posted concerning Bank of America, I believe that BofA was in the wrong and I also believe that with a good attorney that the fellow who was arrested could recover his costs.

Why?

Because he asked the teller if the check was any good. The teller checked and then told him that it was and only then did he ask that it be cashed, the teller then proceeded to actually verify the check to find out that it wasn't.

No doubt there are teams of scammers in this world that work together to defraud banks out of money but cashing a check that is drawn against insufficient funds is simply not the same as depositing a fake check if there is even a check in the envelope that the buyer will receive.

 

the stories you posted seem exactly the same situation that the op is now in.

 

This. He would only pay the $0.30 transaction fee; nothing more. Refuse the package and demand refund by PayPal. If you sign for the package, there could be nothing in it and you don't know what he is trying to pull.

 

double post

 

He could have sued them for malicious prosecution and received not only his costs for defending the charges, but additional damages for stress and damage to his reputation. In that situation, I would absolutely sue. This is also the type of case that can sometimes include a reimbursement of your attorney's fees for filing the civil action, and many lawyers will take these on a contingency fee.

Edited: I am also not convinced that the state law referenced in the article would preclude recovery when the bank knew or should have known that no crime had been committed under the circumstances. I am also glad that my state does not have such a law.

 

Should I open the package or not? Thoughts?

 

I thought eBay said to open it?

 

I don't think I would open the package. Refuse delivery and send an email to the seller explaining why and request a Paypal refund. If he doesn't issue you a refund in a couple of days then open a dispute.

 

I would do whatever eBay suggested. The only thing I'd be wary of is cashing a check from this person.

 

So I received an update to the case I opened with eBay, and it is a very frustrating one. eBay wants me to return the item to the seller and has provided me with a prepaid return label. The only problem is I NEVER RECEIVED THE ITEM in the first place. It seems pretty messed up that I have to return an item I don't actually have. I just get this sickening feeling that this scam artist has handcuffed me here. Because he sent a bubble mailer to me with tracking it looks like he sent the item. Yet I never did anything wrong, and I'm disgusted that eBay didn't just automatically refund and close the case. I can send him his personal check back but what is to stop him from saying he never received the return item? Hoping to call them first thing tomorrow and figure out this illogical mess.

 

Getting on the phone sounds like the right thing to do. Worst case scenario, if you can't get it resolved with them, you can wait for whatever the seller sent you to arrive, and send it back. After all, that's what eBay told you to do, right?

 

Take a scan of the check, front and back, and send it back. Calling eBay first is a good idea. Don't forget to document your conversation - date, time, person(s) talked with, what was said. Having this information helps if things get really messy. Try and maintain a positive attitude - maybe this will work out when all is said and done.

 

Another thought, is the check drawn on a bank that has a branch in your area? If so bring it to them - if there are insufficient funds you will find out without having to actually cash it.