Scammed out of money

[rbmccaffery]

So i sold a used cell phone on ebay to a guy for $152 and some change. He paid with paypal, and received his phone a few days later. He called me and said that he could not get the phone synced up with his plan (the phone was a verizon, and he had a verizon plan).
So i said, ok, the customer is always right. I issued a full refund and i even gave him $5 dollars (which is plenty) to ship it back to me. It's been a month and a half, and i have not seen my phone. I emailed the buyer, and he said he sent it out, without a tracking number, so who knows where it is, and that it is not his problem that i don't have it yet.
Isn't he liable for the safe return of my phone?
I have tried working with paypal, and ebay, but i keep getting the run around.

Can i sue him for the money that he paid me (the $152 something) and for the depreciated amount of the phone? Since, the money i refunded should still be mine until i get the phone back.

Thanks bob

 

[army judge]

Sure, you can sue him, if you can locate him to serve him?

If he lives in another state, that won't be easy.

If you travel to that state, it'll end up costing you more than you could recover.

More bad news...even if you prevail in court, (assuming you solve the dilemma of venue and service) how will you collect the judgment?

My considered legal opinion is let it go.

My personal opinion after hearing many sad stories from that crap online auction site, stay off of it.

People get ripped off regularly, and the site is only concerned that they get paid; while they don't care if you do!!!


Sent from my iPhone using Tapatalk

 

[styles]

Stay on paypals back!!

Ive been in many litigations with them.

Make it practice not to refund money until you get your item back.

This is your mistake.

Give him negative feedback and start a complaint on paypal and ebay.
The resolution center will walk you thru it.

If you are unlucky, you can plead to ebay to give you credit as a seller for the future at least.
This way they dont lose anything returning money they dont have yet.So they may go for that.

Good luck

 

[mightymoose]

Yes... this was your mistake for refunding before you received the phone.
Cut your losses and let this one go. On the bright side... you are only out a used phone plus $5. The damage isn't really that bad.