Seller wants to ship after I opened an "Item not received" case and opted for refund

[jsmith1994]

I purchased the item on 23/3/22 with a latest expected delivery date of 31/3/22. I had messaged the seller a few times between the 25th and 29th with no response requesting tracking info as they did not put anything on the order page and received a message from the seller on the 30/3/22 saying that they had been away camping and would have the item shipped out on the 30th. I thought that was just some form of excuse but I took their word for it and accepted their apology.

I messaged 3 times between the 30/3/22 and the 4/4/22 to follow up on tracking info and had not received a message back from the seller. I went ahead and opened an "Item not received" case and opted for the refund as I now find the whole situation dodgy, and in hindsight I probably should not have purchased off a user with a new account with 0 feedback and some blurry photos on the items sale page (couldn't resist a bargain). I'm not worried that the fight i've had to try and get it shipped will corelate to an item that won't be of a quality represented as the seller is coming across as extremely dishonest.

On the morning of the 6/4/22 I received a message from the seller stating that they work night shifts and have had issues organising a courier but have booked the courier for tomorrow 7/4/22 and for me to "enjoy my item".  The seller seems to be ignoring my request to have the refund issued via the item not received case and i'm concerned that if they ship the item, I won't get the refund and I cannot ask eBay to step in until the 9/4/22, 2 days after the item is supposed to ship.

As at 3pm 6/4/22 he has now added the tracking ID to the order, when my case specifically says I wanted a refund and I didn't want the item anymore (gives you a choice for either a refund or to wait for the item). Why does eBay allow him to still put tracking info on and not force a refund?

What can/should I do?

[papermoon.lady]

I think you have 3-4 weeks to ask eBay to step in, so it would be enough time.

*Do not close the case* until you have your item no matter what the seller says. He does sound dodgy to me.

You still have the right to refuse the parcel, but then it has to go back to the seller and eBay wants to see that an item that is returned or not accepted really reaches the seller, or they won't refund I think.

[repentatleisure1952]

eBay allows this as one of the options presented to the seller.

Cease communication.

If the item has not arrived by the 9th. then you should ask eBay to step in to receive your refund... which you will receive if tracking does not show as delivered.

[jsmith1994]

That's fine, but I have explicitely said on my case that I want a refund and not the item just on how dodgy the seller is. What happens now that I am likely to receive the item because he has shipped it?

Why would eBay allow me to select "receive a refund" but once the item is shipped automatically resolve my case? (advice given by another user on the international forums)?

Seems like no matter what is going to happen, if I receive the item after explicitly stating I want a refund instead and the seller has ignored that and shipped it anyways that I won't receive the refund??

[repentatleisure1952]

My only answer is don't think about things that MAY happen.

Just because the seller has uploaded a tracking number does not mean the item has shipped.

Just wait till the 9th.

[janeababe]

I don’t sell on the eBay platform, and I can’t say that any of the sellers here would have been in the same shoes as your seller, because the sellers who help answer these questions, are quick to post, so they rarely have cases open up against them…….

so at best, I’m guessing at what your seller may have done. Bear with me…..

You opened a case and had a choice of either (1) wait for item, or, (2) seek a refund. You chose option (2).  Wise decision. 

However, when you opened the case, I’m *guessing* the seller was also given an option of (1) post item, or (2) give refund.

My advice is:

1- stop communicating with the seller.  You have already inundated him with too many emails. 
2- Do not close the case, but I get the impression eBay has already closed the case.

3- wait until 9/4/22 and if you don’t have the item, immediately open  another item not received case, or escalate the current eBay case  (which ever it may be). ALSO, I’m not sure if you can open another INR case tbh! 🤔

4- OR…. Wait for item to arrive and make another decision then. 
(1) open case for Item not as described…. (2) keep item because it’s fantastic and well worth the wait 😉

[domino-710]

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@jsmith1994 wrote:

That's fine, but I have explicitely said on my case that I want a refund and not the item just on how dodgy the seller is. What happens now that I am likely to receive the item because he has shipped it?

Why would eBay allow me to select "receive a refund" but once the item is shipped automatically resolve my case? (advice given by another user on the international forums)?

Seems like no matter what is going to happen, if I receive the item after explicitly stating I want a refund instead and the seller has ignored that and shipped it anyways that I won't receive the refund??

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What are ' international forums '. ??

[countessalmirena · Accepted solution]

@jsmith1994,

Is the case still open?

If so, all you need to do is wait until 9th April, at which time you should be able to escalate (ask eBay to step in).

The seller would need to prove that the item was delivered.

If it is not delivered before the 9th, ask eBay to step in ASAP and you should receive a full refund.*

If the item is delivered before the 9th, then you should examine the item.

1. If it's as described, then you have the "bargain" item. Happy outcome.
2. If it's not as described, then you should be able to open a case to return the item (because it's INAD/SNAD) and return it to the seller for a full refund. Quoting:

If your item has arrived, and you want to return it for a refund, you'll need to cancel your item not received case and open a return request.

If you are worried about making a mis-step, you should contact an eBay CS rep on Live Chat and explain the situation as simply as possible and point-by-point.

• The estimated delivery date (EDD) was 31/3/22.
• The item had not arrived by 31/3/22.
• You opened a refund request on the basis of INR (Item Not Received) on xx/xx/22 (you haven't mentioned here on what date you opened that request).
• Your seller admitted on 6/4/22 that he/she had not even despatched the item yet.
• Your seller then informed you that a courier would be picking up the item from him/her on 7/4/22.
• You had already informed the seller that it was now too late, and you wanted the refund. The seller has not sent the item within their stated handling time. Furthermore, you have become uneasy because of the seller's failure to send within their stated time, and now do not trust the seller.
• The item has now arrived (that's assuming that it does arrive before the 9th).
• You have now examined the item and it is INAD/SNAD (Item Not As Described/Significantly Not As Described - both the same thing with regard to eBay/PayPal returns).
• You have read the eBay help page Getting Help with an item that hasn't arrived, and it states there that ❝If your item has arrived, and you want to return it for a refund, you'll need to cancel your item not received case and open a return request.❞
• You feel a little apprehensive about this process as you've also read that once you close a case, it can't be re-opened.
• You request help from the eBay rep in closing the INR case and opening the INAD case.

However it turns out, you should end up with a satisfactory outcome. As repentatleisure has said, cease communication with the seller at this point.

[jsmith1994]

.com instead of .com.au

I've been shown a snippet in the money back guarantee which covers me!

I can open an INAD case and it'll cover me:

Thanks for the help everyone!