Item not received case

[id43564]

Seller never sent item.  International item UK to AU.

They lied and marked it as sent untracked (to hide the lie). Item listing did not state as being sent untracked. He has form for not posting out items.

Waited the 3 weeks until due date had passed.

Put in claim last week for item not received and requested refund on the claim

as not prepared to wait any longer.

Seller rushed to post office within an hour or two of receiving the claim and posted the item tracked.

He had been asked for a refund both on the claim and by messages from me, which he ignored.

Item now in Australia which took a few days.

Ebay system has now refused to refund even though the extra few days he had after the due date, has passed. Ebay has now put the case on hold and has extended the due date because tracking shows the item is on it's way, which it should not have been because the claim was for a refund because he never sent it in the first place and I don't see why he should get the business having never sent it and lied about having sent it.

Now been told that I have to wait for the item to arrive up to the 14th March (new due date). How is it possible that the seller can just lie,, not send the item, ignore the claim for a refund, sent the item 3 weeks late after lying that he sent it and then Ebay ignores it's item not received guarantee and just extends the due date to accommodate the liar. And worse, I have to send it back by refusal to accept delivery which takes up to 3 months to be returned as it's a low priority for  Oz Post. Plus I will have to wait up to a total of 4 months from original purchase date to receive a partial refund less GST and outbound postage for an item he was told not to send.

How is any of this fair or right?

I can't get to speak to a supervisor in item not received escalations despite spending 9 hours and about 30 phone calls trying to get past their guard dogs in their call centre.

Thanks for my 15 year loyalty they tell me every time I call up, but the one time I need them to help me they just shout me down to shut me up.

I do not know what to do now that won't end in my being out of pocket by sending it back and that lying snake getting away with gaming the system.

[countessalmirena]

If the seller is found by eBay to be covered under Seller Protection, the refund will be funded by eBay.

If the seller is not thus covered, eBay initially provide the refund but will be reimbursed by the seller. The seller don’t have any choice in those circumstances, as the eBay User Agreement grants eBay permission to access the seller’s funds when a refund is owed.

I have the same concern as gutterpunkz has expressed, mind you.

[id43564]

Dear Contessa (I've always wanted to be able to write that!),

Not sure if I should be concerned, but if the seller appeals:

A) Do I have to wait for the result of that appeal before getting a refund.

B) If he wins, and he has had the item returned, does that mean I may lose my money and not have the item and be forced to be pay the return postage which chat said would be at his cost? Not sure I can rely on anything I have been told. Ebay keep moving the goal posts

I get the feeling I am being run here; he knows all the tricks and I could end up with nothing.....guarantee or no guarantee.

[twyngwyn]

Seller is a registered business on eBay UK, with 2 days handling time, and many red dots for the same issue .

There’s your ‘out’ 

If you click on his store and go to ABOUT,  you will see his name, address, email, phone number 😲

[id43564]

"There’s your ‘out’".

To quote Ms P. Hanson "please explain?".

[twyngwyn]

He had 2 days to send them, so didn’t keep his end of the bargain, technically Not As Described

[twyngwyn]

If I bought one today, delivery would be 19th -28th March

[countessalmirena]

---

@id43564 wrote:

Dear Contessa (I've always wanted to be able to write that!),

Not sure if I should be concerned, but if the seller appeals:

A) Do I have to wait for the result of that appeal before getting a refund.

B) If he wins, and he has had the item returned, does that mean I may lose my money and not have the item and be forced to be pay the return postage which chat said would be at his cost? Not sure I can rely on anything I have been told. Ebay keep moving the goal posts

I get the feeling I am being run here; he knows all the tricks and I could end up with nothing.....guarantee or no guarantee.

---

Your refund should be issued irrespective of an appeal. I do have to say should. But generally speaking, if eBay later find merit in the seller’s appeal, they (eBay) would wear the cost of the refund.

In light of the seller’s clear pattern of bad behaviour, the seller would be doing a Sisyphus to induce eBay to find in their favour on the strict grounds of not having sent the item until past the EDD.

My main concern would be the type of dispute - but as this was chosen by the CS rep, and you have a copy of the chat, hopefully you’ll not be out of pocket.

[id43564]

I know it's not over yet, but I just wanted to thank everyone for being so supportive and helpful. Your collective knowledge of these issues is amazing...thank you.

[id43564]

Ebay UK and Ebay AU seem to have the same policy of not allowing members to send an email address via their messaging system and will block or change the message to not include the address. I assume that the seller knows that already so this appears to be yet another delaying tactic.

I asked chat earlier today to suggest an alternative and he could not provide one. I was told on the phone by escalations today, that if I don't provide my email address to the seller, the case will be closed in the seller's favour.

This is getting absurd.

[twyngwyn]

FGS......I hope you're keeping all the transcripts