Ebay seller "borrows" money (too mild for pit)

In My Humble Opinion (IMHO)
1

Or it least in my case that’s what it looks like.

I won an item on Ebay and paid via PayPal the same day. The item was intended as a birthday gift so I told my daughter she would be getting a package via UPS within a week or two. I emailed the seller on the 9th day letting the seller know that the item was not yet received (shipping stated UPS ground apx 1-6 days). Seller responded that they had an unexpected move came up (or rather, their move was pushed up whch delayed shipping) and would ship out Mon/Tues. I responded immediately, indicated the item was a bday gift and would appreciate item shipped Priority under the circumstance.

Well, I waited until the end (Sat) of the week the seller indicated item would be sent. I opened a dispute since seller did not contact me after that and it had been 16 days (not incl holiday/weekends) from time of payment. Seller then indicated that I did not say I needed the item by the end of the week (hello - I said bday gift and asked for priority shipping!) and he can ship out tomorrow (he also indicated he could not find all the items listed) OR I can wait for a refund which will not be until NEXT FRIDAY. Also, the seller responded to my complaint and indicated that he did not say he would ship the item out on the date indicated (in my complaint, I quoted seller as “Mon or Tues”. I then added the dates to the side because even though the actual date was not indicated, it was assumed… really, was I to assume it was to be any Mon/Tues he felt was a good day until August?)

WTFudge!?!? Since when did I become a loan officer at 0% interest and no collateral?! Because this is exactly what it looks like - seller listed item, rcvd money, used money to move and did not ship item, says he will (again) ship item or will refund money when he can.
So… how should I proceed since the seller did not ship when they indicated and there was lack of communication from the seller? Oh, and I did check and make sure there were not any reported natural diseasters at seller’s location.

This is what I am tempted to post on PayPal in response to the seller:

I have copies of the Ebay correspondence if you really want to debate what was relayed. Granted, you did not give a specific date of shipment, but the date was implied as well as my request for Priority delivery and why.

I paid for the item the same day the auction closed. Payment was accepted and transferred to your acct on the same day.

I am accepting your response to ship the items and to avoid confusion that date is Wed June 18, 2008 (your response date on Paypal is 6/17/2008 @ 20:16 PDT). In all fairness, due to the timestamp of 10:16pm PDT (12:16am central time) I did not receive the message until today and will accept tomorrow (Thurs June 19, 2008) as a shipping date. I believe shipping it priority/overnight at seller’s expense is fair and I request to have a tracking number the same day posted on Paypal and/or Ebay.

If you do not agree, then I expect a full refund IMMEDIATELY. That means I expect to have the funds returned to my Paypal account no later than 11:59pm June 19, 2008.
Failure to do so will give me the reason to believe that your intention was to sell an item to fund your expenses and not ship the item, and then refund the “loan” at your convienence.

2

I would keep it simple. The item was not shipped in time. You want your money back. It appears you are dealing with someone who is seriously incompetent or not acting in good faith. If that happened in a retail store, I hope you’d walk out. I don’t see any point messing around still trying to do business with this person. Just go a different direction with the birthday gift.

3

I agree do not make it complicated. Just get your money.

4

Will Paypal refund the money right away or will I have to wait until the seller issues the refund? Afterall, what’s the guarantee he will refund it without drawing that out?

5

Paypal will refund immediately if money is in paypal acct. If money has been transferred out & PP acct is empty it will be 3-5 days to pull it from seller’s bank acct then to you.

6

FWIW, the seller didn’t get zero percent interest on your " loan"; he paid the costs of listing the item on E-bay.

7

And if seller’s bank acct doesnt have the funds?

8

It’s possible to get screwed, even with PayPal and their “Guarantee.”
The only consolation is that the seller will have to jump through a few hoops to use PayPal and ebay in the future.

9

In your situation, I would file a non-paying seller dispute - if you end up with the goods in your hand, you can always close it, if not, it means you’re one step closer to getting an enforced refund. Filing a dispute is often a good way to gee up an apathetic seller or just to bring the matter nearer a conclusion.

The seller may try to persuade you to close the dispute, promising that the goods or a refund will be sent Real Soon Now. Don’t. You get one shot at filing a dispute - open it and leave it open until you’re satisfied.

I wouldn’t even bother trying to talk to the seller any more - that hasn’t worked so far - and there’s no reason to suppose it will start working now.

10

I second what **Mangetout ** said.

It’s not personal, it’s just business. You paid them, they didn’t ship. You contacted, they didn’t ship. End of story. Time to get your money back and close them down.

11

Just to add… you have a limited window of opportunity in which to invoke a payment dispute - I’ve heard of flaky sellers stringing people along until past the time when any action can be taken. Don’t let this happen to you.

12

I told the seller if he sends the item tomorrow & sends me the tracking number, I would agree not to leave Ebay feedback as long as everything was as described in the listing. Seller agreed - BUT - he said he needed me to close the dispute to get his acct back to 0.

Does this mean that Paypal already put a hold on his acct for the amnt since he admitted he hadnt shipped the item yet?

Dont worry, I didnt close the dispute and I told seller I would not until the item is received.

13

I don’t think so - I think it just means he’s trying to pull a fast one.

It really does sound like the classic flaky/scam seller who wants to take your money and fob you off until it’s too late to get your money back.
If he tries any more nonsense like that, I would reply to the effect: “No, YOU need to resolve the matter to my satisfaction before I can close the dispute” (which I see you’ve done)

Was it an expensive item?

BTW, don’t do anything until you have the actual item (in full working order, etc) - or the refund in your grubby mitt - do not accept the tracking number as evidence of anything - it might be a package containing a brick, or it might be the number of a package he sent somewhere else.

14

It was expensive - well, slightly under $200. There are some others waiting to be bid on, so it’s not like the item is hard to come by. The guy has a good Ebay rating for the most part, but damnit if the red flags didnt go up after his response to my email.

i’ve never really had a prob w/sellers before & I am a frequent buyer. This one particular item has been a pain in the arse (the item in general, not just this particular seller’s item). I told my daughter it’s a sign that she’s just not meant to have it. If this falls through, I’m giving her cash and she can save up and buy a new one instead.

15

If your PayPal payment was via credit card, PayPal will issue a credit to your credit card if they side with you. Even if they do not side with you, you still have recourse to challenge the charge when it shows up in your credit card bill. If you paid through a cash transfer, you’re at the mercy of PayPal to find the money to send back to you. I’ve only had a few bad transactions with sellers on eBay, but have always gotten back my money from PayPal. Good luck.

16

Then you are screwed. I know this by experience. And because I waited to file my dispute, I only got the remaining $12 of a bank account that owed me over $100.

File now. Don’t wait. Cover your ass, not the sellers.

17

Absolutely do NOT close the dispute until you have the tested merchandise in hand or the money back into your account.

The whole “back to zero” comment is a red flag because there is no hold on moneys in his possession until paypal has notified you that the dispute has been resolved in your favor.

I have had success motivating lazy sellers by first getting their address from eBay and then using that and the net to look up their county and then the prosecuting attorney for that county. Drop them an email stating that you will be in contact with proscuting attorney John Smith to start prosecution proceedngs for fraud. Dropping the name of their local prosecutor seems to have a galvanizing effect for some reason.