Seller threatening me after I received an item different from the description

[d999ma-2]

I purchased an item from a seller from USA who has 100% rating. The listing description stated that the item is brand new, sealed and unused. I received the order almost one month after placing the order. However, when I opened the package there was a damaged postal packing inside the box and the box had no seal. They seemed used and old, with only one earpiece working, other wasn’t working. I checked the serial number on each ear piece and it was different from the one on the box. I reported this to seller and he started threatening me and blaming me that I am lying. He threatened that he will make my life hell, get myself and my family arrested. He threatened he will fly to my place. I talked to the customer agent at ebay over the chat and they told me to wait a few days, if the seller don’t provide return label, ebay will step in. I right away reported the threats and the fraud to my local police. He sent me like 10-15 messages blaming and threatening me. What else should I do?
Will I be able to recover my lost money or am I out of luck?

[d999ma-2]

I don’t want to deal with the seller anymore or reply to him! I just want to throw his garbage stuff and get my money back.

[d999ma-2]

So the seller sent me a fedex ground return label. Should I go ahead and drop the return at fedex or should I confirm with fedex first if the tracking number will provide me updates when the package crosses border and gets delivered? Should I also take pictures of packing back whatever I received? Any other tips I should follow? Many thanks @femmefan1946 @pjcdn2005 

[femmefan1946 · Accepted solution]

Okay you're dealing with a madman.

You are covered by the eBay Money Back Guarantee .

From the original listing, open a Dispute for Not As Described.

The seller will be told to send you return shipping.

(He can purchase a Canada Post shipping label through Shippo. )

If he refuses, you get your money back.

If he send return shipping, as a label or through Paypal, you send it back promptly. When it is delivered, you get your money back.

After that, use Report on the original transaction or on the Dispute to explain the threats.

There is no reason to read his Messages.

Don't delete them, while the Dispute is going on. But do put them into a file until you don't need them any more.

Remember he is many many miles away and across a border that is not quite open.

He's not going to show up on your doorstep with a tireiron and a friend named Moose.

[d999ma-2 · Accepted solution]

Thank you for your response. He claimed he is a retired police officer and detective bla bla and sent me a blurred picture of a police badge. Threatened me he will report this fraud to CBSA. Like how can he do a scam and blame me.

[pjcdn2005]

You can't just throw it away and get your money back at this point...you have to follow the money back guarantee ruless. As the other poster suggested, open a return request stating that the reason was that the item was not as described or damaged...something along that line. Regardles of what the seller then wants to do, they are required to either refund  you or pay for a shipping label so that you can return it.  eBay can only issue returns labels for returns within the US but they will require the seller to either send you a shipping label or the money for a shipping label. You can figure out how much the shipping will be via Canada Post. If the package is under 2 kg. you can use Tracked Packet USA. If it heavier than that it would have to be sent Expedited Parcel US. It will take a little effort on your part but since ebay has no way of knowing the actual condition of the item when you received it, it is up to the seller whether or not they want it back or to refund with a return.

If the seller refuses to send money for a label or send a label, you will have to contact ebay to let them know. If that happens the seller will be forced to refund without a return.

[femmefan1946]

TRACKED is very important. You must be able to show the thing has been delivered.

[d999ma-2]

So the seller sent me a fedex ground return label. Should I go ahead and drop the return at fedex or should I confirm with fedex first if the tracking number will provide me updates when the package crosses border and gets delivered? Should I also take pictures of packing back whatever I received? Any other tips I should follow? Many thanks

[marnotom!]

I would seek confirmation that the return label will work for a shipment out of Canada if the information on the label doesn’t suggest that it’s “international”.  Keep in mind that the package is going to require customs documentation.

[reallynicestamps]

And the customs form should note that this is Returned Merchandise.

I'm not sure, but if for some reason the label is not a tracked service (although I think all FedEx labels are tracked) you should ask if you can pay to upgrade it.
Without tracking you cannot prove he has the unwanted items back and therefore you lose the dispute.

We may be being a little over-protective here, because most Disputes go smoothly.

[d999ma-2]

I checked tracking number on fedex website and it's working. I am unaware about customs documents, will the seller provide by himself or do I have to do something? On the label it says (US) I am not sure what it means and the FROM address on the label is my home address in canada and TO address is seller's address (I received the package from this address along with ebay GSP processing center in ERLANGER, KY ) however, on fedex tracking website it has FROM city as seller's city and TO city as the city where it was processed at ebay GSP center (ERLANGER, KY)

[femmefan1946]

Should I go ahead and drop the return at fedex or should I confirm with fedex first if the tracking number will provide me updates when the package crosses border and gets delivered?

Yes.

You want Proof of Delivery.

If the item is high value  (eBay considers $650 high value) you also need Signature Confirmation of Delivery. You may want to pay for that  anyway, as insurance.

With any luck your  crazy Seller has sobered up.

[marnotom!]

It is possible that because the item was handled by the GSP, a less than ethical employee of the Global Shipping Center in Kentucky may have pulled a switcheroo.  If we had known at the beginning that your item had been handled by the GSP our advice may have been a bit different since sellers are relieved of their responsibility for the item's safe delivery once it reaches the Global Shipping Center.

Having said that, your seller's attitude and customer service isn't making them look very good here so I can't 100% entertain the notion that he's got nothing to do with this situation.

The seller's original shipment shows shipping from their location to Kentucky because the Global Shipping Program is a forwarding service.  The seller sent it to Kentucky, other carriers sent it from Kentucky to your location.

If it's likely that loss or damage occurred to the shipment after it reached Kentucky, the GSP is supposed to take responsibility for it.  Unfortunately, it is unclear how the dud merchandise was sent to you.

As far as your concerns about the mailing label are concerned, I don't have enough information to figure out if it would work for a shipment from Canada to the US.  I hope you have an actual FedEx shipping office nearby and not a FedEx agent staffed by non-FedEx employees who may not be very familiar with how this sort of thing works.

[d999ma-2]

This seller started calling and texting on my phone and started abusing me and saying racist words.

[reallynicestamps]

Don't open the texts. Just delete them unread.

If you recognize the phone number- or even the area code- don't answer the phone. And then delete the voice mail unread.

Again, there is a border between you and this nutcase.

If you have a Report open (this is separate from the Not As Described Dispute) you should add the abusive texts and calls to it. Just a list of times should be enough.

[needsmorerobots]

If you've already filed a police report, you could add the racist texts to the file with the police. Or you can just block whatever number he's calling from. I don't recommend you erase the texts in case you need them as evidence with the police or eBay in future.