Dishonest seller made me wait until ebay will no longer help me get refunded

[takumi83j]

I bought something from overseas and almost every signficant part was missing when it arrived. The seller was non apologetic (probably thought i was lying) and said they would send the missing parts via regular (slow) post. I gave them the benifit of the doubt and just waited for them to arrived. This was 6 months ago now. I now realise they lied and were just stringing me along so that by the time it was obvious what they were doing, it was too late and ebay won't help. I opened a cases in paypal and as expected no response from the seller but i thought paypal could help me in getting a partial refund. But nope they just closed the case and after i chase it up they tell me they won't help me becasue i 'didn't act in time' and now i can't open it again? Don't they look at these open cases?

I am now infurated as i have waited and did what i thought was the right thing and both ebay and paypal are not going to help me. They both seem happy to let this seller get away with it. The seems extrememly wrong and unfair. Surely i am not the first person to be scammed like this. Are there any other things i can do?

Thanks

[twyngwyn]

you have 180 days (to the day) via PayPal to get some recourse

[lyndal1838]

Neither ebay nor paypal can help you if you do not act within the timeframes of the dispute.

You have let yourself be scammed by not reading the terms of a dispute.

If you funded your payment with a credit card you could try a chargeback through your card provider but they are usually limited to 6 months or less.

[countessalmirena]

@takumi83j,

As twyngwyn said, there is a very specific timeframe in which you have PayPal Buyer Protection.

This protection is not yours automatically or by right, but it is yours within certain limits as a result of PayPal providing it. PayPal's Terms and Conditions must be adhered to in order to take advantage of the protection they offer.

I do understand that you feel that you've been patient and gave the seller every opportunity to follow through on their promise.

The unfortunate reality is that online buying involves risks, and part of that risk is when you deal with a seller who is not an Australian seller and who therefore isn't risking consequences under Australian consumer law. You're quite right; the seller was almost certainly deliberately stringing you along. I am assuming it was a Chinese seller...? Chinese eBay sellers are notorious for doing this.

You have protection under eBay's Money Back Guarantee (MBG) but you must follow the strict timeframe and the T&Cs. There are exceptions to being covered by eBay's MBG, so I suggest making yourself aware of them. (The protection offered by eBay is also not yours by right, but only because eBay offer it with certain terms & conditions.)

You also have protection under PayPal Buyer Protection but again, there's a strict timeframe and T&Cs as mentioned above.

lyndal's suggestion that you try contacting your card issuer (assuming that you funded your purchase through PayPal with your card) and open a chargeback dispute is your only recourse at this point. I am worried that you may have left it too late for that, though. I believe the majority of card issuers won't be any more generous with timeframe than PayPal - but at least it is worth your attempting it. Remember to respond asap with any request for documentation that your card issuer may have - and good luck.

Next time, of course, you won't let the seller play the inch-worm game with you, and you will raise a dispute within eBay's MBG timeframe for INAD (item not as described; aka SNAD - significantly not as described).

Some posts that may be of interest:

Re: Scammed and seller won't refund - no recourse in eBay

Re: How do i start a return on an item that is over 90 days

[takumi83j]

I am within PayPals 180 days. Why would they only give you one chance and then cut you off. I didn't get any warning emails or anything. They have no hesitation to send me marketing spin but total silence when there's a case open with a deadline.

[davewil1964]

It's all automated.

If you don't escalate within the required timeframe, the case is closed in the seller's favour.

Paypal neither know nor care that you didn't read up on the process. That is YOUR responsibility.

[takumi83j]

Why in the sellers favour? I open a case and the seller says nothing it's automatically given to them? Why don't they notify you like they do with the stuff they want you to know about? Your supposed to read pages of fluff? It's clearly a system set up to pass blame onto the buyer.

[takumi83j]

@countessalmirena
Sorry I didn't see your reply it's at least good to hear from a human after being trapped by bots and canned message responses. Yes it was a Chinese seller and credit card charge back isn't an option as I paid out of my PayPal balance

[davewil1964]

I would read the pages of 'fluff' if it was me. But I always try to make myself aware of the T&Cs of the sites I use.

Yes, it is up to you. If the seller doesn't respond, YOU need to escalate the claim.

I wouldn't go with Paypal for INAD, anyway. They require the buyer to pay for return shipping. Much better to use eBay's MBG. THAT requires the seller to pay for return postage, but it is more time-limited than Paypal. Neither eBay nor Paypal disputes cover replacement items.

Frankly, if somebody sends a sub-standard item in the first place, they are unlikely to make good with replacements. As you have found, they are (successfully in your case) relying on you not being familiar with the rules of the site and playing on that to avoid any need to remedy the situation.

So, yes, that 'fluff' can be important. I suppose it depends on how much you value your time vis a vis what you lost by prioritising time over money.

Btw - EVERY poster on this thread is a person. We just happen to know the rules. The Countess is a special person, admittedly, but the rest of us are people.

If you want advice in future, I suggest you don't call or imply that responders here are bots.

[takumi83j]

By bots i was referring to the ones ebay and paypal use to try filter you out of talking to their live chat support. I wasn't saying anyone on here is a bot.

So your saying you read all the terms and conditions of every single site you buy something off? You have a few useful points but the condescending RTFM comments are not helpful or appreciated. I am just the average ebay user and shouldn't have to make it my mission to learn all the acronyms and fine print. They should be upfront with important info like that.

If you think the rules are fair and make sense, fine but i don't. Anyway countessalmirena pretty much answered my reason for being here so we can leave it at that.