Help! Seller won't post items and threatens to sue in the court after I asked PayPal to step in.

[vic_tools_home]

Hi, Thank you all in advance for having time reading this:

I won 2 auctions at 24th night, Oct from a seller, with about $3100 after postage costs. I paid all amount through PayPal at 24th night, I would say within an hour (or a bit more but difintely not exceed 2 hours). 

In the morning of 25th, seller sent me message said I set up my PayPal account so that he can not access to the funds but it is not true after I spoke to PayPal representitive. PayPal told me that mine is nothing wrong. He also asked me to use direct transfer of money instead but I won't do it as I have been scammed by purchasing without PayPal. Told seller if doesn't accept PayPal just refund me and cancel orders. He refused.

Seller then marked both items I bought as shipped at 25th in PayPAL Only (He sent me messages said PayPal told him to marked as shipped), I noticed this at 27th so asked him to provide valid tracking number and courier he used. Seller just repeat the same message that PayPal told him to marked as shipped and he will post quickly once receive the payment.

Through the whole last week, I sent seller 2 messages for same question and another 2 times by eBay repensentive. 

And I got response from this seller after I asked PayPal to step in at 2th Nov. 

Here are some parts of 2 messages: 

"If that dispute is not withdrawn from PayPal within 24 hours and I get evicted - I reserve the right to sue you for any direct, indirect and consequential costs.
If that dispute is not withdrawn from PayPal within 24 hours and I do not get evicted - I reserve the right to request from eBay that you never be permitted to use their service ever again.
I am in discussions with eBay management regarding this matter."

"1. You did not pay me. You paid PayPal. I have received no funds and you have actively stopped those funds from being paid."

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Here comes my question:

I have use same manner , which is pay by PayPal through eBay, to purchase tens of orders and I haven't get any problem like this.

The seller in his logic claim that I only paid PayPal instead of him and he will sue me if I didn't close cases.

As about "Actively stopped funds from being paid" is referring to I called PayPal at 2nd Nov (The estimate date of delivery) for help and PayPal representitives helped me to do it. 

The seller added marked as shipped at eBay and added a tracking of courier called Hunter Express at 2nd Nov after sending those threanten messages (He only marked as shipped at 25th in PayPal only). I called Hunter Express that day(Waited around 30min) and was informed that they didn't have a site of it and the seller just booked that order. Which means he didn't post real items I paid for when he marked as shipped at PayPal (25th).

From the day PayPal opened cases this seller kept threaten me If I didn't close cases he "will need to sue me in the court"

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What would you do if stand at my position?

Thanks

[twyngwyn]

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@vic_tools_home wrote:

Hi, 

Mine is not like to yours.. as a seller you did post item though without tracking but my seller didn't post items to me but just marked as shipped. 

I am also a seller but I always post item same day inc Sat. He held items for over a week after I paid. I actually called PayPal 26th or 27th that they say my payments have already been transferred. 

Would you be nervous if a seller told you he will sue you in the court because he thinks you didn't pay him but only paid PayPal?

That sounds creazy to me.

He charged me $130 for postage as well. 

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No....maybe I'm not making myself clear.....sorry....I meant: were you on another site when you purchased or were you on .com.au?

If you were on another site then my link COULD be what the seller is going through with PayPal/Ebay

[brerrabbit585]

I seem to remember something about large amounts not going straight through, but I can't remember the details and I could well be wrong.  A few things don't seem to make sense, especially if the seller tried to get you to pay by another means.  A lot of Chinese sellers will try that one so you have no protection but I'd say it wouldn't be limited to just the Chinese.

[manuelabour]

The seller can threaten all they like. The seller can't sue if he /she hasn't followed the rules of eBay and is now, I suggest, trying to bully you into submission. You are only the buyer and sounds like you have fulfilled your part of the contract. The seller has an obligation to fulfil their part of the contract by accepting payment and supplying the item. If you have offered payment by any of the accepted  and approved methods of eBay and the seller has not accepted them then the seller is renegging under the terms and conditions that they are suppose to abide by when selling on eBay.