I have emailed the buyer asking for the photos/CCTV. - Did not take out any additional insurance -Approached Evri today (31/03) over chat and provided photos of the box opened which the buyer originally sent me/eBay.

Hi, I have come across Consumer Action Group in the past with advice about trading rights and now I am at a stage where i would appreciate your expertise in this specific case. After losing £449.50 through Paypal's decision to award the buyer a refund via eBay. Sold the phone for £440, the buyer has disputed twice he not received the item but instead an opened box that he only realised after delivery. Ebay have awarded me the dispute as you can see the tracking number shows delivered by Herme / EVRi. After that the buyer has gone to the 'payment institution' (PayPal) and claimed the item was 'Not as described' where Paypal have given him a refund without a requirement to send the phone back. EBay are charging me as they claim I am NO LONGER eligible for seller protection as the decision was made by PayPal. Particulars are: EBay Member since 2005 I sold a Samsung S21 Mobile Phone with original packaging for £440 on eBay and posted it to the buyer using EVRi It was packaged in a sturdy parcel, weighting under 1Kg, described as 'Electronics' with tape wrapped tightly around the edges of the parcel and the shipping label attached - Photos were taken of parcel Dispatched it at Herme / EVRi Collection Locker drop-off on Wednesday 16th February 2022 at 1143 hours Delivered on Friday 18th February 2022 at 1150 hours No Signature taken but photo taken by Herme / EVRi that does appear to show the package is possibly damaged from the reflection on the tape (it is taken around 5 metres away) When the buyer received it he provided photos and reported that the parcel was opened and empty Buyer opened dispute with eBay claiming 'Item Not Received' eBay award case in my favour and I was paid £449.50 - listing fees Buyer then went to 'Payment institution' (Paypal) via eBay Buyer then changes reason to 'Item not Described' PayPal decides case in Buyers favour and awards refund eBay tell me to pay the money back I remove eBay direct debit (Cannot remove the funding source without replacing it with another one on their website) 27/03/22 - eBay state they took the money out of my account but this does not appear to be the case Actions Taken Spoke with EBay multiple times. They claim they appealed the decision which was dismissed by PayPal. I stated that they had NOT asked me for any further evidence (i.e photos taken of parcel being sealed prior to sending) but they continue to claim they cannot appeal it again I have reported this Fraud with Action Fraud due to the buyer offering differing disputes that essentially now means (if he has received the phone) he is not required to send it back. Disputed the appeal with PayPal and sent photos of the packing and the original dispute made by the buyer. They are inconsistent, one message handler will invite me to send in documents when i do, they then say the dispute is between and the buyer and eBay. (EBay then refuse to appeal it further) Today 31/03, I have begun the process with Herme /Evri. I provided the two photos from the buyer and been given a case number. I await a response. After seemingly exhausting the appeal with eBay / PayPal I am going after Herme / EVRi. - I will sue Herme / EVRi if required and would appreciate your assistance - What steps will eBay take when they realise the payment was unsuccessful Thanks