Bad eBay experience (also posted in Victim's Seeking Lawyers section)

[cybertoe]

I purchased an xbox on eBay in December 2009.  When it arrived (mid-January 2010), the package was missing items (hard-drive and power cord) that the seller later claimed were not included in the sale.  I filed a dispute with eBay against the seller, and eBay concluded that I should send the xbox back for a refund.  I told eBay that I did not want to send it back because it was a Christmas gift for someone.  I just wanted the missing pieces.  While waiting for a reply from eBay, the seller agreed to send a power cord.  I told eBay that I was waiting for the cord and would take a loss on the hard-drive, so I would not be using the return-postage label they issued.  After waiting a month and still no power cord, I again contacted eBay hoping that they would convince the seller that it would be in their best interest to send the promised item.  I received no assistance whatsoever.  My next message to eBay Customer Support stated that now I did, afterall, want to send the xbox back for a refund.  I was fed up!  This is the response I received on Feb. 21, 2010:

eBay Customer Support comments:
We have decided to close this case. You weren't issued a refund and no further action is required.

On February 24, 2010 I filed an appeal with eBay.  They never responded, although their site promises that they will acknowledge an appeal within 48 hours.

I put the item up for sale on eBay hoping to recoup some of my losses.  My listing contained the exact same information as did the listing I purchased the xbox from, including the video.  I also stated in my listing that the xbox was being sold "as-is" and that there would be no refunds.  The new owner would be getting an unused item in the new condition I received it in.

On March 1, 2010, I initiated a live chat session with an eBay representitve.  I wanted to know why no one responded to my appeal.  I was told that they were backlogged and someone should be in touch with me soon.  No one responded, and the xbox was sold on March 2nd.

I mailed the xbox to it's new owner who immediately filed a dispute with me.  He claims that the xbox isn't new and that it doesn't work.  I escalated the decision to eBay Customer Support.  This is my statement (I have almost all of the correspondence with all parties involved if anyone is interested):

Your message to eBay Customer Support:
"I purchased this xbox in December 2009 on eBay(see Item# 110469242978) and had different issues that I tried to have resolved. Unsatified with the Resolution Center's decision and eBay's lack of communication regarding my appeal, I decided to sell the xbox because it is of no use to me. I sold this item EXACTLY as I received it from mitchell_mods when I purchased it through eBay and used the exact description as they did in their listing. The xbox was never used because I never received the promised power cord. Since I had no chance to check the xbox out without a power cord, I listed the item "AS-IS" and stated to potential bidders/winner that they would have to contact mitchell_mods if they encountered any problems. The only time anything was touched was when I inspected it directly after receipt and when I repacked it to ship when it sold. Everything was still new & intact when it left me as it never left the box it came in. I also stated in my listing that there are no refunds."

eBay's reply:

Final decision:
This case was decided in the buyer's favor.
eBay Customer Support comments:
"We've asked the buyer to upload tracking and ship the item to you by Mar 17, 2010. Once the item is returned to you, we will issue a refund to the buyer or charge your reimbursement payment method on file."

So now I AM FURIOUS!  My last message to eBay:

Your message to eBay Customer Support:
"I am seeking legal counsel regarding this matter. You are NOT authorized to remove funds from my bank account, Paypal or credit card. My attorney will be contacting you shortly. Carolyn S.

Now I need a lawyer.  PLEASE HELP!

eBay item number for the listing I bought the xbox from:  110469242978
eBay item number for the listing I used to sell the xbox:  180473428645

[cybertoe]

The xbox was returned to me on March 23rd postage due.  The custom case mod was cracked almost in half, and it looks like it was taken apart.  Some of the inside components are broken also.  I have cancelled both ebay and paypal accounts because of lack of communication on their part, altho paypal is hounding me for the reimbursement that ebay authorized to the buyer.

[JINGLHEIMER]

The trouble here is that there IS a law that requires (AS IS or NOT) that if the item is returned within a reasonable period of time (a weeks inspection...) the seller must refund to the buiyer the purchase price for any reason.  AS IS is just a seller intimidation and if you ask me a red flag.

[cybertoe]

Yeah, I was hesitant to put the "as is" part in the listing, but felt compelled since I had never powered it up.  I thought by putting it in there, I would be letting potential bidders know that they would be getting everything as I had received it (also mentioned in the listing), and not to bid if they didn't agree to the "as is" part.  I wish it was returned to me in the same condition as when I sent it out.  It has been damaged beyond repair.