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"If that dispute is not withdrawn from PayPal within 24 hours and I get evicted - I reserve the right to sue you for any direct, indirect and consequential costs.
If that dispute is not withdrawn from PayPal within 24 hours and I do not get evicted - I reserve the right to request from eBay that you never be permitted to use their service ever again.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

[daydreams_12]

Your message a little confusing so am trying to read between the lines.

Is seller a new seller, if so his funds in paypal may well have a 21 day hold which is standard for new sellers.  I do not for one minute believe PP told him to mark as shipped .  Do not worry about seller telling you that you will be ëvicted"from ebay.  It sounds as if seller has no intention of selling the items when you dont pay him bu direct deposit.  You have done the right thing paying PP.  My suggestion would be wait a reasonable time for delivery and if nothing turns up open an INR through PP.

Other members with more knowledge than me will be along soon toi advise you further.

Seller sounds like a real tool.

[twyngwyn]

yep, sounds like a 'hold' on funds....maybe at the direction of eBay

see this thread: 

https://community.ebay.com.au/t5/Selling/PayPal-21-Day-Hold-On-Funds-What-We-Should-ALL-Know/m-p/210...

does any of this sound familiar?

[vic_tools_home]

Hi, Sorry I am just under a lot pressure so wrote quite a bit...

I beileve even if PayPal told him to marked as shipped tht only means he truly post items to me instead of only in the word level shipped. 

He marked as shipped at PayPal Only at 25th Oct(Without Tracking and being found he didn't actually posted items at that time, just "marked as shipped", in the word meaning). I have already waited over a week and nothing appeared.

At 2nd, Nov, after the estimate delivery date I decide to call PayPal for help.  Then he quickly respond to my messages with words of "sue you in the court" 

This seller kept sending same message to me everyday and almost drives me creazy.

[vic_tools_home]

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. 

[digital*ghost]

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@vic_tools_home wrote:

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.

---

In short... 

Ok, in seriousness - I am not a lawyer, but common sense dictates that saying "I reserve the right" to someone doesn't actually or automatically grant a person said rights (the other person has to agree to those terms), and consequential loss (direct and indirect) is a very hard thing to sue for and win. Just in case, consequential loss refers to things that happen as a result of something, so they're basically saying if they can't pay their rent (or something) due to not having access to the money you paid them and their account being in debit while the funds are under dispute, and they are evicted, they will try to hold you legally responsible. Again, not a lawyer, but I suspect they have very little chance of that holding up in court. 

If you want to respond to that at all, I would simply say that there has been no such agreement to that effect, and you are not responsible (legally or financially) for what eBay or PayPal do (or do not to) with disputed funds. 

The seller obviously doesn't understand how PayPal holds work. You have paid them directly, not PayPal, and they were obliged to then meet their listing terms, and post out the items within their handling time. If they then could have provided eBay / PayPal with the proof of shipping or delivery, the hold could have been released earlier and all would be well (this would explain their claim that PayPal told them to mark as shipped - what they more likely advised, is to ship the item and provide proof, not just mark as shipped).

None of this is your fault or your responsibility, and you have the right to seek a refund if the seller doesn't meet their legal obligation to send you your purchase(s). 

[maranock]

I understand that it is a lot of money so you are worried but don't be. Paying via Paypal gives you certain protections. I suggest you chill out a bit as you are fine for the moment. You have heaps of time to sort it out.

When the purchase shows that it is over delivery time then open a Paypal dispute for goods not received. As they don't have a tracking number they will have trouble proving that they posted it.

BTW. if it is a new seller and they have a hold on their payments received then they still have to post quickly, even if they aren't able to access the money - they still have it in their account. You might like to inform them of this (politely) before you go to a dispute so they have a chance to change their mind on posting. 

Come back for further advice if you run into other trouble. Oh, and don't worry about their threats, they are empty.

[maranock]

Sorry, I missed where a case has already been opened. Don't worry, he can't sue you so DON"T close the case. If it is a new seller then he might be worried that he may lose his money and the item. Reassure him that when the item is delivered then it is often easy to get any funds on hold released.

[padi*0409]

In addition to what the others have said, put the seller on your BBL in case they try a retaliatory purchase from you to trash your feedback.

[kopenhagen5]

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."

That is just a load of baloney. There is no case for each point.

This is a typical person that never plans on actioning and only uses idle threats.

If he is calling eBay, they are shaking their heads saying, this guy just doesn't get it.

You have a lot of tools on your account but this seller tops the lot.

Ignore and add him to your BBL.

Either he proves delivery or you get a full refund.