Opened dispute for undelivered item, and I cannot get a refund.

[ashvuj0]

Hi there,

I had opened a dispute for a pair of shoes I'd purchased over ($1000 AUD). I'd checked with the seller if it could be posted to me before a certain date as i'll be living overseas for 1 year and wanted to receive them for I left.

After receiving this confirmation withe the seller that it was all good to be sent off and received pretty fast, I bought and paid instantly. After 3-4 days I'd noticed the buyer had not sent the item yet, I'd emailed, and didn't get a response. By this point, I don't really want the item posted to me anymore as there was a big risk that I would not have received it on time. The seller had not responded to me, and I'd then read some reviews in detail and got spooked about them potentially being a scammer.

From this, I'd instantly called my bank, panicked that I'd spent a large amount and wanted the payment to be blocked asap. (Stupid knee-jerk reaction move, I know). I'd explained the situation to my payment institute who then decided to open a dispute. By this point the seller replies and accepts the dispute instead of challenging  it. From which I'd expect to get a refund or even have the item express-shipped via mail perhaps.

After a week, my payment institute closes the dispute out of nowhere . Very strange, I know.

I'd call back, got information from different people but they all have told me, because the charge back failed, they are unable to do anything else and cannot refund me (under Visa rules?) as they cannot attempt a charge back more than once. Obviously I will be changing banks after this experience.

But at this point, I have no idea where my money is. 
I've contacted eBay and everyone I speak to keeps telling me, ''once the dispute has been opened with the payment institution, eBay cannot intervene or help with the case every again''. Ok I get it, but my bank confirmed they cannot do anything AND the closed the dispute. So when does eBay then release my money they put on hold from the seller? and to who? the seller or myself? eBay cannot tell me where my funds are currently sitting, and for me to contact my bank. I keep telling them my bank cannot help me and they closed the dispute. Again, eBay tell me to contact my bank despite me telling them all this. And it keeps going around in circles. 

So how do I get my money back? or even get the item shipped? I just want either what I'd paid for, or a refund for what I have not received. Obviously the seller won't ship the item as the funds would still be on hold?

Is this stuck in the system forever? Literally nobody can tell me. Thanks so much.

[ashvuj0]

FIXED: After 3-4 days I'd noticed the **seller** had not sent the item yet.

[padi*0409]

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@ashvuj0 wrote:

From this, I'd instantly called my bank, panicked that I'd spent a large amount and wanted the payment to be blocked asap. (Stupid knee-jerk reaction move, I know). I'd explained the situation to my payment institute who then decided to open a dispute. By this point the seller replies and accepts the dispute instead of challenging  it. From which I'd expect to get a refund or even have the item express-shipped via mail perhaps.

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First off you should ALWAYS open an eBay dispute BEFORE any chargeback and NEVER at the same time.

You could try a dispute review through eBay, but I suspect they will turn it down again.

Something in your post doesn't make sense, what dispute was the seller referring to, the chargeback ?  Because I didn't think banks would contact the seller at all - maybe I'm wrong.

Has the seller actually processed a refund to you or is the item still showing as "sold" in your purchase history ?

[davewil1964]

What is fixed?

Your dispute or your novel?

If you went to your bank first and they closed the dispute, you've done your dough. As you have worked out, a dispute through your bank negates the eBay MBG.

It might pay to read up on how eBay's Money Back Guarantee works. In almost all instances it favours the buyer. Unless they jump the gun or panic. Both of which you seem to have done.

[ashvuj0]

eBay weren't the ones who turned down my dispute, it was my bank. 

the dispute being referred to is the one that my bank opened withe eBay.

I'll take a look at what 'dispute review' through eBay is, thanks.

The seller has not processed the funds as they don't have the funds, he sent me a screenshot showing the funds are 'on hold'. The item is still showing as a purchased item and 'awaiting postage.'

[padi*0409]

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@ashvuj0 wrote:

The seller has not processed the funds as they don't have the funds, he sent me a screenshot showing the funds are 'on hold'. The item is still showing as a purchased item and 'awaiting postage.'

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It's irrelevant that the funds are on hold, the seller can still refund you.

[ashvuj0]

The typo error was fixed, not the problem.

I'm writing here for advice, so I figured details and context could be helpful.

Erm. Why would I go to read up on eBay's Money Back Guarantee works when you literally said it won't favour me in this situation?

[ashvuj0]

How is that?
The seller had told me he doesn't have the funds as they're on hold and therefore, cannot refund me.  

[padi*0409]

Rubbish, of course they can refund you, send them the link below.

https://www.ebay.com.au/help/selling/managing-returns-refunds/refunding-buyers?id=5182

In respect to Dave's suggestion to read up on the MBG, that's to help you not make the same mistake again............

[ashvuj0]

I hope so. Sent, and hoping for the best.

I’d figured as much, but that’s under the assumption I’ll be continuing to use eBay as a buyer again. Clearly, it’s probably is not for me.