Sent item back (unopened) as agreed and seller has not refunded me

trebs36
Community Member

This issue is currently with Paypal, escalated to request for refund, but I am looking for comment as to what might be the decision.

 

In short I purchased a mobile phone, listed as unlocked (it's not), returned as agreed for a partial refund of $330 (stupid me and I paid for all postage including registered, signed for return postage) - all done outside the resolution centre as Paypal suggests you try to resolve yourself first.

 

So the seller receives it back and I get a notice from Paypal of the refund last Saturday. Today, Wedesday, I get an email from Paypal stating that due to account problems with the seller, the refund to me has not gone through and that I should contact him. Meanwhile the seller has relisted the phone as 'Carrier Telstra' ie locked and has sold the phone buy it now. Bordering on a criminal act in my opinion.

 

No point negotiating any further with him so I lodged the claim for refund through Paypal this morning, Wed.

 

Despite being polite and patient through the process of dealing with this fella (I can't see how he has achieved 100% positive feedback) I have made some mistakes I have learnt from this horrible experience. In return he has been sneeky and arrogant eg I asked him pre sale if he had the original purchase receipt and could he post it Express Post ( offered 2 times to pay the extra) - Yes he said to both. Purchased it on a Friday and he sent it Ordinary mail (as listed I know) on the following Wednesday and I received it the next Monday. Said he forgot and turned out he did not have the purchase receipt from Telstra either. After that I sort of guessed the phone was going to arrive locked because he would not answer that question. He sent me a copy of the receipt from Aus Post with the postage date conveniently cut off.

 

I needed the phone urgently so we reached an agreement for the partial refund even before the phone arrived and when it did I sent it straight back, package unopened. His re-listing describes marks on the screen, not on original listing, probably because I reminded him of his obligation to list accurately

 

Will Paypal be able to see the ebay emails between us both? I referred Paypal to these in my claim. They will note his rude, arrogant and slow to respond emails to me.

 

Mistakes I made were trusting an ebayer to accurately describe an item, buying second hand (never again) and my biggest one was giving accurate precise negative feedback to him this morning and about 10 minutes after that I get the email from Paypal saying refund did not go through. It is interesting to note that immediately after I lodged the Paypal dispute the earlier Paypal email dissappeared from my Google inbox!

 

What are my chances here? Never had any real problem with ebay until now.

 

I am prepared to lodge a police report and to take this to Adelaide's Today/Tonight where there was a similar recent issue to mine and Paypal reneged on it's responsibilities, decision quickly reversed when it went to air.

 

Thank you

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Sent item back (unopened) as agreed and seller has not refunded me

cq_tech
Community Member
If Paypal ultimately decide the case against you, immediately lodge a complaint with the Financial Ombudsmans Service at https://fos.org.au/ as there is every likelihood that they will force Paypal to overturn their erroneous decision and refund your money. However, prior to doing so, I suggest you ring Paypal and ask to speak with a supervisor and put your case to him one final time, and tell him that you will be complaining to the FOS. Chances are that they'll cave on the spot and reverse their decision then and there.
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Sent item back (unopened) as agreed and seller has not refunded me

Thank you all for the additional advice and info.

 

I just tried another call to PayPal and spoke to a supervisor. She was adament that I needed to wait the 10 days for the seller to respond and or make the refund happen. Mention of the Financial Services Ombudsman did not help but at least PayPal knows that is an option I will use if necessary (thank you for the link).

 

I at least confirmed that PayPal has received my additional evidence email and the supervisor confirmed that she has read the attached pasted ebay email where the seller had confirmed receipt in writing he had received the phone back.

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Sent item back (unopened) as agreed and seller has not refunded me


@trebs36 wrote:

Thank you for that info. Is there any way now, having lodged the dispute and claim that I can contribute/attach further evidence in support of my claim. Seems I can only read what I have submitted.


Yes you can request additional supporting info is attached to a claim. 

 

Document your additional evidence, and IMO, include screen shots of the eBay messages sent between each of you. Have a pdf  file ready to send. 

 

Ring Paypal and request that additional information you have is attached to the case.   They should then give you an email to send the information too.

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