04-05-2014 05:13 PM
04-15-2014 02:57 PM - edited 04-15-2014 02:59 PM
sssuper........... if you're still around at all, I'm wondering if you know what was in the police report??
That is: Can anyone just drop into a Police Station and fill out a report with no proof or evidence that an item was stolen or never shipped?
Is that all it takes to get a refund from the ebay/paypal duo?
04-15-2014 04:31 PM
Yes anyone can drop in to a Police Station and file a report. They just have to understand that when you sign your name to the report you are opening yourself up to SERIOUS criminal charges if you are lying (Obstruction of Justice, Perjury and other offences).
eBay takes the attitude that while you might lie to them on the phone where there are no repercussions you won't lie on an official police report.
Not sure what eBay would do if both parties filed police reports, probably just give both parties their money back and consider it a no fault transaction.
Online I found a Q&A for this false police report question (Ontario), might not be the definitive answer but given the source and the detailed answer I'd say it's very credible.
http://www.justanswer.com/canada-law/5gwaw-province-ontario-if-false-statement-made-police.html
04-15-2014 07:42 PM
Your absolutely right - a police report is effectively considered an Affidavit, sworn testimony, etc., and is treated as such by the Courts. I say this from many years of working in civil litigation, where the police report was always one of the primary pieces of evidence adduced at trial. It is taken very seriously, and if a report is proven to be false, it can result in jail time in some cases.
04-15-2014 09:19 PM
Since there is no reasonable solution, I'm surprised they allowed the report to be filed.
I recently had an item go missing which showed up in an auction and no one wanted anything to do with it because when it comes to missing mail, it's just not possible to pinpoint what went wrong.
I found that filing a report was not something I was able to do because no one wanted to spend the time on a case that could never be solved.
I have to wonder why this case was treated differently.
04-15-2014 10:48 PM
04-16-2014 08:11 AM - edited 04-16-2014 08:13 AM
sssuper: Have you seen the police report? You have a right to see the report.
It was filled out in the destination State, but shouldn't the report have been filed in your location if that is where the buyer is saying the theft took place?
In other words........... that is one reason these reports are usually not filed. No one knows where it should be filed. Another reason is that there is no chance for a resolution because your buyer isn't even in Canada, but even if you resided in the same country that wouldn't change a thing.
In Canada when I had an issue with a missing item I had hands on experience with how the police deal with such issues (they won't) and in my case I knew exactly where my item was.
I'm surprised to hear that the Police were willing to get involved at all because here they would have nothing to do with it.
What is in that report?
Also, why not ask paypal what would happen if you filed your own police report?
04-16-2014 10:34 AM
Why would PayPal be informed that Canada Post needs info from the buyer? You are the one who bought insurance, wouldn't CP be in contact with you? And wouldn't they contact the buyer directly in their investigation?
04-16-2014 11:28 AM
Am I the only one who thinks the buyer never made a police report? A copy, or even the number, would be an easy thing to send. With the number and the name of the police department the report could be seen online.
Well, it it existed.
04-16-2014 12:25 PM
04-16-2014 12:43 PM - edited 04-16-2014 12:46 PM
I just think something is missing but I'm not sure what it is.
If there was no police report, then why did the buyer get a refund?
Would paypal do that without ever actually viewing the report?
However, I do know that police reports matter very much.
I once had an issue (not the same one I touched on above) and paypal made it clear tome that if I had a police report that they'd help me out.
However, I never did go to the police station because the thought of driving down there, parking, and then telling someone about how some ebayer had shipped an altered item back to me and that I wanted to file a report on it just seemed too wonky.
I just refunded and didn't spend any more time on it.
However, if I paid for a pair of earrings at that price and received an empty box then I'd try to file a report.
I'm pretty sure that the report would have to be filed on the seller's turf.
Not mine.