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.

[id43564]

Yes all stowed away in their own folder.

Asking chat, was the email address he got in the message I just sent masked or not. No clear answer.

The policy says that email addresses sent via messaging are changed to an Ebay address so no doubt he plans to use that as an excuse for further delay.

Oh and chat are now telling me to wait for the, guess what......return label!

Member to member contact policy:

https://www.ebay.com.au/help/policies/member-behaviour-policies/membertomember-contact-policy?id=426...

[twyngwyn]

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

Maybe it's different in the UK (because he's a registered business) but I would have thought putting all that info out there, he's probably avoiding fees

[id43564]

He knows and exploits every trick there is. He isnt worried about the investigation because he has continued his games even though I warned him about him having been reported. He knows nothing will happen.

[id43564]

Parts of this evening's chat:

"We have our Specialist team who will thoroughly review the details and seller's selling practices. An appropriate action will be taken against the seller if we encounter the seller is violating eBay policies for their own advantages. The action maybe temporary restriction or permanent suspension of an eBay account." "We take this very seriously. I can assure you that when these incidents happen, we always work as quickly as possible to investigate and make sure eBay is a safe and reputable place to buy and sell" "Be assured that necessary action will be taken on then and their account once investigation is done". "I have also raised complaint and reported this seller so that this can be investigated on priority".

[id43564]

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

As he marked it as sent untracked shortly after the order was made (possibly within 2 days) could he not argue that he did send it then and that it got 'lost' in the post and that is why he sent a 'replacement' (even though he was asked for a refund).

If he can successfully argue that he did send it untracked (without being able to prove it) he could theoretically make significant deductions for the return. Ebay has promised I will get a full refund with no deductions and that he will be liable for the cost of return if he wants it back .  But their promises, even in writing, don't seem to be all that reliable in the face of someone who is running rings around their system.

So does claiming to have sent it international untracked (especially where the listing did not state that was the method AND I objected to that method straight away, by messaging him at the time), give him a way to excuse himself for not having sent it until after the due date?

Is untracked ever an available excuse/proof of posting acceptable to Ebay on appeal by a seller?

[countessalmirena]

Untracked = swinging over a piranha-filled pool on a fraying rope as eBay sorrowfully state “Please provide  tracking number showing that you sent within your handling time”… 

[id43564]

Thanks for that.

It seems, barring any more conjuring tricks involving sleight of hand and further devious knowledge of the Ebay procedures and rules, which even you good people haven't seen before, there may be light at the end of the tunnel.

He can't get out of paying for the return (if he wants it back).

If he does arrange to get it back, he can't make any deductions and has no real chance on appeal.

I think that all that he is now holding in his hand of cards, is the ability to delay sending the return postage until the 17th, then delaying the refund until the last minute. To do so after all this, shows what a petty, small-minded person he really is.

He also does run the risk of Ebay taking action against his account and for what benefit, I really don't know.

[id43564]

Seller provided a UPS return label, only it's a UK to UK label. not AU to UK. More pathetic games.

Nor do we have any UPS service here. We only have AP.

[lezned-toycollector]

You could always ask for another $3K to cover the airfare and expenses required to use the label you were provided.

[id43564]

Just asked chat if Ebay will cover the fuel cost of the 80kms in travel to go to the PO twice....no deal.

Although I think AU consumer law states that in this sort of situation, the buyer should not have to suffer any associated expenses when returning an item.

....and frankly Bradford is not a place I ever want to visit. A total dump. At least I can rest assured that his karma has already provided him with a lifetime of suffering by living there.

Chat told me this morning that this sort of case is very rare. I asked him, "so if this case is unusually awful....then why is he still able to sell on Ebay?"