EBay collections - not included in BK?

[tazunemono]

I sold a laptop on EBay back on April 16

April 25, the buyer complained that the laptop I shipped to him (was sold as parts) had a broken screen and put in for a refund. The screen was not broken when I sent it to him, so I said no. He initiated the "dispute process"

My BK was filed April 27

Since May 18, EBay has since been trying to collect from me, threateneing via email to send me to "collections"

What should I say? The "original action" was before my BK, but if they send me to collections, it will be "post-filing" so not be covered by my BK?

On June 11 they closed my account.

I'm confused - should I settle this $134 dispute myself, or send them a cease and desist letter? I'm pissed off because I sent this guy a parts laptop, with a working screen, and he sends me back a broken laptop that I cannot resell. Item was well packed and UPS would not take responsibility. I ddn't break this thing, and now I'm out a good parts laptop AND $134! Boo.

Thanks!

[tobee43]

did you list ebay as a creditor? most likely not, by the dates you have listed it would then be post filing if it wasn't and included in the bk.

you do enough business on ebay and you are bound to have a problem sooner or later. if it were me, i would just settle for the $134 and let it go, it simply isn't worth all the trouble, even though i'm certain you sent in in excellent condition. i get that ALL THE TIME. it arrived bent and cracked ok i say...send a picture and let me see...that scares most of them to back off. however, the few it hasn't, i either cave in or give a partial refund as i want to keep the business as it helps pay for gas and food for us.

ebay is getting harder and harder to deal with. you didn't break it and they don't let you do insurance anymore! which is a big problem and ends up as a lose lose!

[ksgirl38]

Maybe this is a little off topic, but was the shipment insured? If so, seems like you should be able to just file a claim with the carrier.

[tazunemono]

No, it was a 'non-functional or for-parts' auction, so i didn't insure it. The laptop would die after about 3 minutes of use. So, I just shipped it with UPS. It was very well packed. I think this guy got it, determined it wasnt quite what he wanted (or couldn't fix it), and made up an excuse to send it back to me. Bummer.

[ksgirl38]

Well, sounds like he got what he paid for then. That's a risk you take when you buy on ebay.

[frogger]

I don't know if it's the same now as it was in the past, but UPS had a $100.00 insurance policy on anything that was shipped. Anything over $100.00 required for you to pay additional insurance.

Your mileage may vary....

[tobee43]

I don't know if it's the same now as it was in the past, but UPS had a $100.00 insurance policy on anything that was shipped. Anything over $100.00 required for you to pay additional insurance.

Your mileage may vary....

with ebay anymore they want you to to through THEIR system for these types of things and now if you use paypal or them for shipping you can't buy the insurance anymore. i have a few times used the US post office site to insurance something, but have you ever tried to collect on that???????? OMG!!! they never ever pay!! UPS i don't know so much, i never use them and have been shipping with ebay using paypal for about 15 years now. i have really only had a few problems with shipping mostly with things getting bent.


i LOVE ebay and have sold for all those years as well as purchased from them. i find the risk is far less than what one may think when one is not an avid ebayer LOL!!

[bcohen]

If you are confident that you sent the item as it was described, and the buyer is trying to scam you/swapped parts, then you don't legitimately owe the money, so I would tell Ebay to pound sand. I would also make the argument that since the event which triggered this alleged debt occurred BEFORE your "no asset" Chapter 7, the debt is discharged, just as the bill for a doctor's visit before the filing date would be discharged, even if you didn't receive it until after you filed. Send a copy of the BK discharge order to the collection agency, along with a letter warning them not to contact you again, and most likely that's the last you will hear about this so-called "debt".

[Bell30656]

eBay refunds to the customer then collects from you. eBay has made sure that they side with the customer and not the seller in just about every occurrence. I had a similar situation with an item that I sold. If you are getting collection notices from eBay then they have already paid the money on your behalf back to the purchaser. You can get out of the debt easily enough because of your bankruptcy but you will never be able to use that eBay account to sell again. You can of course, establish another eBay account.

[lillymarlene]

I have been selling on eBay since 2000 and have seen many changes, not for the better. They are making it extremely difficult for us small sellers that really built their business to what it is today. This having to use eBay's PayPal only as a method of payment acceptance (though they've had this rule for awhile) is just awful. Then of course some of the latest things, they keep pushing that you use their system to purchase electronic postal labels, and the default for shipping insurance will come up as their insurance. However, I never accept their default, and opt for the insurance from the USPS. BTW, I have had to and been able to collect on it a couple of times over the past ten years.

To the OP, most likely you will not have to pay that $134 that eBay is demanding. However, if you want to continue selling, you will somehow or other have to try and start a new account. Unfortunately, as other people have said here, eBay almost always sides with the buyer.

[helpmeout]

The buyer initiated the dispute process before you filed for BK. IMO, and I am not an attorney, it is included in the BK. And I would send E-bay the BK discharge paperwork with a cease and desist letter. Oh, and keep the $134.

[tazunemono]

The buyer initiated the dispute process before you filed for BK. IMO, and I am not an attorney, it is included in the BK. And I would send E-bay the BK discharge paperwork with a cease and desist letter. Oh, and keep the $134.

That was my thought! Thanks

[Bell30656]

Keeping the $134 legally isn't the problem. However, as I stated if the OP wants to continue trading on eBay he/she will need to start a new user ID because that user ID will never be able to be used for selling as long as this remains unpaid. If your user ID has a really old date and a lot of positive feedback it is worth far more than $134.

[bcohen]

Keeping the $134 legally isn't the problem. However, as I stated if the OP wants to continue trading on eBay he/she will need to start a new user ID because that user ID will never be able to be used for selling as long as this remains unpaid. If your user ID has a really old date and a lot of positive feedback it is worth far more than $134.

Sending Ebay a copy of the discharge order, along with a sternly-worded letter about attempting to collect on a discharged debt may very well fix that. They should zero out the balance owed on their books, since it was discharged in bankruptcy, and then you can continue using the account.

Otherwise, you can always open a new account, though you MUST use a different mailing address, email address, credit card, and bank account, or else Ebay will link the two accounts, and close the new one.

[Bell30656]

When you send the discharge order, they will cease collection activity. However, they will also terminate that account. I know this from personal experience. I had two eBay accounts. One of them had been good for 10 years. Lots of positive feedback. However, there was an eBay buyer that filed a Not as Described complaint against me on an item that I was selling to get money to file for bankruptcy. eBay refunded the money to the buyer over my objections. I included them in my filing. After I sent them my discharge, they sent me back a letter saying that the account had been closed and there would be no further collection activity. If I search for my old user name this is what comes up... "The user ID or email address was not found. Please try again."