What are my next steps? Fraudulent seller....

[cerise_noir]

The first time I posted this didn't go through so here goes again. Hope I haven't posted twice.

I bought and paid for an DVD box set for an obscure european show. The box set was used and advertised like new, it had a picture of set in the listing. The listing said the box set was in good condition, complete and good quality. The picture was a private one, (i.e. the seller didn't use stock photos, rather he took a pic of what seemed to be the actual item in his house he was going to send). The only weird thing was that the image seemed to be reversed, but I didn't think much of it at the time, I just thought he used a phone camera and he forgot to flip it from mirror image. Also, the listing was cheap but not dirt cheap or anything.

After I paid, the seller contacted me and said (in his native language): 'Hi, just so you know, the item isn't the box set, its actually privately copied dvds. It is much better quality than the box set in question, and uncensored, so its much more of a bargain. I mean, I guess it was obvious but I thought you should know in case you want to cancel. Please let me know what you decide.'

I looked at the listing and it definitely wasn't obvious that he was selling seperate (bootleg I presume) dvds he copied and not a used box set. Because its a gift, had I known it would never have bought it I mean, I guess a mirror image is code for bootleg or something? But I had no way of knowing that. So I replied and I told him, 'Hi, I was under the impression it was the item in the photo provided. Since it isn't I'd rather cancel, thanks.'

This was 48 hours ago. So far the guy has stopped replying to me, and he definitely hasn't reversed or cancelled any transaction. Obviously I am going to give him another day since Ebay says to wait, and then I'm not sure what to do in terms of dispute.

Should I dispute sooner rather than later? Should I wait longer?

Should I dispute through ebay's resolution centre or paypals? Which is better?

And what option do I pick? Item not described? Or item not received? I guess its the first one, but I am worried they will rule in his favor because he hasn't sent me anything yet--  I haven't received the item to make that call it isn't as decribed-- the only reason I know it wont be as described s because the guy straight up told me he's sending me fakes. But he told me in another language (which I understand) but the resolution people won't know what he said. Will this be a problem at all?

I have no idea what to do as I've never really been in this position before with a seller.

Is it worth chatting with ebay help instead?

Advice appreciated.

[springyzone]

You are definitely within your rights to ask for a cancellation as I am not sure the man should be selling a copy. I have my doubts it it is  even legal to do that. I am assuming he is overseas though and their laws may be different.

First up, I would write to the seller and politely say you have not received your refund and could he please let you know when he does it so you can look out for it.

If the refund isn't there within the  next couple of days or so, I would be inclined to contact ebay chat. I don't think you can ring ebay at the moment because of covid. That avenue hasn't been available for a while, from what I have read. But you can contact them via chat. Explain the situation to the ebay rep, that the seller contacted you after the sale to reveal this is not a genuine item, it's a copy and that you were offered a refund but it hasn't been made. Ask them to look at the messages or show them a translation, altough if I can use google translation you would think  they should be able to as well (but you never can tell with ebay people).

If you get a decent rep, they should be able to cancel the sale on the spot and initiate the refund.

But if they do nothing & you don't get the refund, then what you do next depends on what happens.

1. If the refund isn't made and the item doesn't arrive by the estimated date listed in the ad, you could open an item not received claim with ebay and because there would be no proof of delivery, you should win.

2. If a refund isn't made and you receive the item by the estimated due date, immediately open an item not as described claim. You will have to escalate it after a few days but odds are high you would win it.

3. It is probably best to open your claims with ebay first because if that doesn't work, you can then open a paypal claim (not at the same time though). You can't do this in reverse. So if you were to open a paypal claim, you wouldn't have the option later to try ebay claims.

From all I have read, with an ebay claim the seller not only has to provide ebay with a tracking number but also evidence of delivery, whereas with paypal, all they have to prove is they posted it, so in that respect ebay is better.

[padi*0409]

Completely agree springy, the chat reps should be able to sort it out (they would be able to translate any messages I imagine).

Hopefully it doesn't go as far as a dispute, but if it does an overseas seller can't give an return label.

[lyndal1838]

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@cerise_noir wrote:

This was 48 hours ago. So far the guy has stopped replying to me, and he definitely hasn't reversed or cancelled any transaction. Obviously I am going to give him another day since Ebay says to wait, and then I'm not sure what to do in terms of dispute.

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If you funded the payment with a debit or credit card then the refund will go back to that account and takes a few days to appear.

Two days is probably not enough time for it to be there.  In my experience it takes 3-4 days at least.

[springyzone]

Yes, it is worth waiting a couple of extra days before contacting ebay. I can't help feeling that as the seller was the one to make contact and actually offer the refund, that he is probably likely to follow through. Well, you'd think so.

Possibly he has had second thoughts about his ad and realised it may not have been 100% clear to buyers it was a copy. Easier to cancel a payment than have a disgruntled overseas buyer opening a 'not as described' claim.

So hopefully the refund will show up soon. Sometimes a little bit of procrastination pays off and potential problems sort themselves out.