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Debra
Debra, Lawyer
Category: Canada Law
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I sold a new kitchen sink faucet assembly to a Canadian

Customer Question

I sold a new kitchen sink faucet assembly to a Canadian Buyer through eBay, and the buyer complained that it didn't 'look new'. I offered a refund and sent it with a pre-paid return authorization through Federal Express. The refund was accepted, but the item was not returned, and eBay/PayPal claims no responsibility in the transaction. This happened over a year ago. Value is $200US. Buyer used a US shipping address in Niagara Falls, NY (Mailboxes USA), who provided some contact data for the buyer (but not a street address). Any recourse?
Detailed transaction info available, but this is the gist of it.
Thanks!
Larry Schear
Indian Shores, FL ***@******.*** (###) ###-####
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Why did you the refund before you received it? Did you do tell PayPal exactly what happened?

Customer: replied 1 year ago.
RE: I need more info about your Canada Law question
Larry Schear High priority 2:31 PM
To: JustAnswerThought I was dealing with an equally-honest person! MY error! PayPal is fully aware of what I did, and When, and Why!Buyer may lives (lived?) somewhere in or near St. Davids, Ontario. Buyer is "Alexa Vanderveldt" or "Alexa Reinink"On May 19th, 2015, I received the following from eBay:Thanks for telling us about your problem with an eBay buyerHi Larry,Thanks for letting us know about a problem you had with a buyer. Here's a summary of your report:User ID: axela749Reason: Returned a damaged or used itemComments: Ref: PayPal Resolution Center Claim/Case PP-003-837-816-081 Item sent after PayPal payment was received. Buyer claimed the item was mis-represented (claimed it was used instead of new). Requested full payment return plus 25% for 'her trouble of returning it'. To maintain my exemplary eBay record, I refunded her payment in full AND sent her a pre-paid FedEx return authorization label from her shipment address (in Niagara Falls, NY; Buyer lives in St' David's, Ontario, Canada), even though the item was sent "No Returns". She never returned the merchandise, nor has she refunded my payment. I contacted the operator of US Address, a mailbox-supplier in niagara Falls, to acquire her home address; as it was outside the USA, eBay refused to provide that info to me. I am now due either my merchandise in its original condition (I have pictures) or my $200; any other resolution constitutes theft, and should be followed by prosecution in an appropriate venue. PayPal has been sympathetic, but otherwise unresponsive (yes, I know, now, that I should have made the refund through the Conflict Resolution Process rather than directly; still it WAS made through PayPal). Can eBay help me through this avenue? Thank you. Larry Schear eBay ID = lschearWe'll take your confidential report and review it with other internal information (including reports from other sellers). Although we know you've submitted this report, it is anonymous to your buyer. Also, please note that we won't be able to tell you of any specific action taken for confidentiality reasons.Sellers like you help keep the eBay marketplace a safe place to buy and sell.Email reference id: [#d82d583eb01c4e46b3428a0c85df0217#]eBay sent this message to Larry Schear (lschear). Learn moreeBay is committed to your privacy. Learn more about our privacy policy and user agreement.© 2015 eBay Inc.,***** San Jose, CA 95125Letter (e-mail) I received last May from Carol of USAddressinc in Niagara Falls, NY:Date: Sat, 23 May 2015 13:01:26 +0000
From:***@******.***
To:***@******.***
Subject: Re: US Address Inc Customer Contact RequestHi Larry,After a week of telephone tag, I finally got hold of her this morning. She is claiming that she spoke to paypal who told her that she does not have to return the product. I told her that paypal would never tell her to keep your money as well as the product, regardless of whether it was broken or not, and that she has to return it.I asked her to get it ready for me to pick up this afternoon from her house in Canada.She said that she will call you and speak with you and I am to call her back on Monday.Please let me know by Monday if she contacts you. I will be in Toronto and I will get the product from her one way or another.CarolFollowing this e-mail exchange, I received a phone call (today, May 23rd, 2015, at 10:52 AM EDT) from Carol, of US Address in Niagara Falls, NY, (Alexa’s shipping address of record with PayPal) who told me the following:- She (Carol) has been in phone contact with Alexa, who saido Alexa said to Carol that she (Alexa) has been in contact with PayPal, who allegedly told her that she neither had to return the merchandise nor return my refund, regardless of the condition of the merchandiseo She (Carol) said that Alexa was considering a harassment claim against me (for my payment-dunning requests)o She (Alexa) would be contacting me by phone ‘soon’o She (Alexa) requested of Carol not to take any action before next Monday, because she would have things settled by then- Carol said that she (Carol) frequently travels to Canada and indicated to Alexa that she (Carol) would stop at her (Alexa’s) house this weekend to pick up the contested product for its return to me. Alexa had said to wait until she (Alexa) had spoken to me.- Carol also said that the local address Alexa had given to eBay/PayPal as her home town was NOT in St; David’s, Ontario! (all the address provided to me when I asked for her contact information through eBay).- Carol said that Alexa had asked that her (Alexa’s) contact information NOT be released to me;- Carol then mentioned (to me) the possibility of my trying to get a (Niagara Falls) court order to release Alexa’s
Customer: replied 1 year ago.
Please see attached documents!Thanks!Had a kitchen sink faucet problem of my own last week, and this concern has raised itself in my mind again!Larry
Expert:  Debra replied 1 year ago.

I am not permitted to review documents. I am sorry about that.

So do you believe Carol will pursue this as much as is necessary?

Customer: replied 1 year ago.
Thought I was dealing with an equally-honest person! MY error! PayPal is fully aware of what I did, and When, and Why!Buyer may lives (lived?) somewhere in or near St. Davids, Ontario. Buyer is "Alexa Vanderveldt" or "Alexa Reinink"On May 19th, 2015, I received the following from eBay:Thanks for telling us about your problem with an eBay buyer
Hi Larry,Thanks for letting us know about a problem you had with a buyer. Here's a summary of your report:User ID: axela749Reason: Returned a damaged or used itemComments: Ref: PayPal Resolution Center Claim/Case PP-003-837-816-081 Item sent after PayPal payment was received. Buyer claimed the item was mis-represented (claimed it was used instead of new). Requested full payment return plus 25% for 'her trouble of returning it'. To maintain my exemplary eBay record, I refunded her payment in full AND sent her a pre-paid FedEx return authorization label from her shipment address (in Niagara Falls, NY; Buyer lives in St' David's, Ontario, Canada), even though the item was sent "No Returns". She never returned the merchandise, nor has she refunded my payment. I contacted the operator of US Address, a mailbox-supplier in niagara Falls, to acquire her home address; as it was outside the USA, eBay refused to provide that info to me. I am now due either my merchandise in its original condition (I have pictures) or my $200; any other resolution constitutes theft, and should be followed by prosecution in an appropriate venue. PayPal has been sympathetic, but otherwise unresponsive (yes, I know, now, that I should have made the refund through the Conflict Resolution Process rather than directly; still it WAS made through PayPal). Can eBay help me through this avenue? Thank you. Larry Schear eBay ID = lschearWe'll take your confidential report and review it with other internal information (including reports from other sellers). Although we know you've submitted this report, it is anonymous to your buyer. Also, please note that we won't be able to tell you of any specific action taken for confidentiality reasons.Sellers like you help keep the eBay marketplace a safe place to buy and sell.
Expert:  Debra replied 1 year ago.

Yes I saw that but do you feel this will be resolved by Carol?

Customer: replied 1 year ago.
Carol is a friend of Alexa, and had provided me with about as much information as she feels comfortable oing, which did NOT include Alexa's address or telephone number (as Alexa is registered with eBay as living in Canada, they do not (or will not) provide such eBay member contact information to me. Carol is a dead end for information (at least to me); might respond otherwise to a letter from a Canadian lawyer! I view her lack of return of the item in question to me after I had complied with her note of dis-satisfaction as theft, and would loke to have the local police authorities involved in recovering my property in it's original condition (new, as delivered); failing that, the return of my $200US PLUS any associated legal fees involved in the collection process. Is this (a) possible, and (b) affordable?
Expert:  Debra replied 1 year ago.

It is not likely possible as the police will most likely say this is a civil matter though you can try.

And it is not possible to sue for $200.

But you can pressure her and ebay and paypal by sending them each a letter or having a lawyer send it threatening a lawsuit.

You can send her letter to Carol.

Ebay and paypal should be stepping up and doing what is right to get you that faucet or else what it is worth. It is part of their guarantee though I still don't understand why you sent the refund first and they may say that because you did this is your fault.

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