Seller claims returned package was empty, now what?

Hi. I bought a memory card from a seller in Canada. It was listed as a 'Genuine Samsung Evo 64Gb". When the card came it was in what looked like new, opened, authentic packaging and the card looked legitimate. I put it in my phone (it's a micro sd card) and my phone popped up a message sd device inserted then a couple seconds later sd device removed. I thought that was odd and maybe it needed to be formatted first so put it in my computer and the card wouldn't format. Went to the Samsung site and looked up the card and noticed a few physical differences but the one that made me realize it wasn't real was that it said on the genuine cards 'made in Korea', mine said 'made in Taiwan'. Looked up fake Samsung evo micro sd on google and sure enough, lots of info describing the exact fake card I was shipped. I took it to a local retailer (just to be 100% sure) to compare it and sure enough it wasn't the same card or packaging. Started an eBay claim to return the item because not as described, paid over $10 to ship it with tracking. It sat at the post office until the final notice was sent to the seller and he finally went and picked it up (only 3 days before they were going to ship it back to me because it wasn't claimed). He sent me a message last night stating that the packaging was ripped open and the card wasn't inside but the product packaging was still in the bubble shipping envelope. When he accepted the return I put the memory card back in the original (fake) Samsung packaging and wrapped it up with clear shipping tape. Then I put that back into the bubble envelope and wrapped that in clear shipping tape. I'm sure we all know how tough that shipping tape is and even if by chance the bubble envelope got opened there was no way the memory card could have come out of the original packaging unless Canada post has a dishonest worker, but I tend to think it was the guy selling the fake cards. I have been buying and selling on eBay for over 10 years and never had an experience like this. So now I'm stuck waiting for something to happen because when I click on the open dispute it says waiting for item to be received and the 'contact eBay' link does nothing but say follow through with the return process. I know that I can go to PayPal and file a claim to get my original money refunded but that closes my eBay claim and leaves me out the $10 for the return shipping. Has anyone else had an issue with this or have any advise on what is the best next course of action. At this point I'm not really concerned about the $35 I'm out (25 for the original purchase and 10 for return shipping) although it bothers me but am more concerned about the seller getting away with this. I have his name, address and plan on providing them to Samsung Canada as a seller of 'fake' products plus have already reported it to eBay but the reality is nothing will probably come of it. Oh well, another lesson learned. I won't post his name here because I'm not sure if that is allowed but buyer beware of items like this and test them by filling them up with data because if they are fakes the card won't fill to the full capacity. Good luck (I feel a tiny bit better by 'venting' about this bad transaction and dishonest seller)

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Seller claims returned package was empty, now what?

If the item was Not As Described, the seller is obligated to pay Return shipping for you.

 

Make sure you call ebay. This sounds as if it could get a bit messy. 

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Seller claims returned package was empty, now what?

If the eBay dispute says "waiting for item to be received", is there a place to provide the tracking number?  If not, phone eBay and give them the tracking info.  This should close the claim in your favour.

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Seller claims returned package was empty, now what?

If the item was Not As Described, the seller is obligated to pay Return shipping for you.

 

Make sure you call ebay. This sounds as if it could get a bit messy. 

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Seller claims returned package was empty, now what?

When I shipped the item back I made sure it was Expresspost with a tracking number and signature required. I posted the tracking number under the return details but because he claims there is no card in the package he won't click on the returned item received even though it shows up as delivered with his signature at the Canada Post Website.
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Seller claims returned package was empty, now what?

Call ebay Customer Service. When you return an item using the Resolution Centre, your money is supposed to be automatically refunded as soon as it shows delivered. If you didn't use the Resolution Centre to do your return, ask ebay Customer Service if you should do it now, retroactively. State it was counterfeit and that you have proof. Your return shipping should be paid by the seller AND your money back is automatic. It is extremely concerning that your sender is trying to say it was missing from the package; he is clearly trying to avoid refunding you.
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