Seller didn't ship my item until I opened a dispute - 30 days after I paid... What can I do?

[talie7799]

TLDR; Seller's listing pictures did not match intentionally vague/misleading title or description, didn't ship the item until I opened a dispute - 30 days after I'd paid and the item didn't show up. After I opened the dispute tracking code was uploaded within 2 days and seller calls me a liar. Any tips on whether I can not accept the item or request a refund? Thanks

I'm having a bit of a nightmare with a seller I purchased a piece of guitar kit off before Christmas.

I purchased an item expecting a full guitar (matching the 5 pictures the seller has listed) and the vague description and title. When I asked the seller to confirm it was the full guitar - I was informed: "No it's just a part, I cannot refund you".

Even with misleading pictures and vague title/description, this isn't a reason to refund?

As the seller told me he wouldn't refund I just accepted it - the item was paid for on the 14/12/2020, the item was marked shipped (no tracking code uploaded) on the 17/12/2020 and when checking whether it was shipped on the 24/12/2020, I saw the seller had relisted the same item, same photos however updated the description so it wasn't as misleading as the one I fell for. Took pictures of everything as evidence.

My order was never received so I opened a dispute with eBay on the 14/1/2021 - a month after I've paid, letting the seller know I would like a refund as it has been 30 days since paying and I haven't received my item and no tracking code uploaded.

2 days later he responds calling me "a liar, they tried to deliver it multiple times and I wouldn't accept it, he's been phoning them and they've given him a new tracking code" - so he shipped it as soon as I opened a dispute.

I do not want the item now, I feel like this seller is extremely shady and in my 200+ transactions I've never dealt with something as dodgy as this bloke.

Any tips on where I can take this?

TLDR; Seller's listing pictures did not match intentionally vague/misleading title or description, didn't ship the item until I opened a dispute - 30 days after I'd paid and the item didn't show up. After I opened the dispute tracking code was uploaded within 2 days and seller calls me a liar. Any tips on whether I can not accept the item or request a refund? Thanks

[m25jet]

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@talie7799 wrote:

He escalated in the case this morning - as he has just shipped the item (whether it's in there or not) he has a valid tracking code so I imagine when the customer support responds to the escalation they will just award it to the seller From what I've read they are not the most competent at times which doesn't fill me with hope. Nor does the fact that I don't believe Consumer Rights covers me either. Thanks for the reply regardless 

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In the event that eBay decice the case in the seller's favour then log into your PayPal account and open a case against the seller there.  Unlike eBay, who only allow buyers thirty days from the latest estimated date of delivery to open a case, PayPal allow buyers a maximum period of one hundred and eighty days from the date of payment during which to open a case against a seller.  In addition to that, PayPal also investigate cases far more thoroughly than eBay do, so if you don't receive the item or if you receive an item that is not as described in the listing then open the appropriate PayPal case, making sure that you escalate the case after two days but before the twenty day cut-off point.

Should it become necessary to open a PayPal case in order to get your money back you ought to stand a pretty good chance of receiving a total refund.  However, do not allow the case to time out, otherwise you will not be able to open another case in relation to the same transaction.

[john1297576]

What have you done about the case you opened? If you have not closed it, then escalate to ebay immediately, you can which will be after 3 days on the 17th to the minute when you opened the case.

Seller only has 3 days in which to refund, if you have to escalate he will have to pay he selling fee and gets a Defect. If it turns up then contact ebay and ask if the Not Recrived Case can be changed to a NOT AS DESCRIBED CASE.

Seller will then have to supply a reply paid label, and on return refund in full.

If seller has relisted it seems unlikely that he has posted, unless he has more than one to sell. What is the "tracking" showing?

Do not believe a word this seller says, he has obviously lied before and will do so again. Do not close the case on any promises.

Remember to leave suitable feedback (a Negative would be appropriate) within 60 days, do not mention ebay or cases and refunds. Best just to say "A very unsatisfactory transaction" and mark down te stars

[talie7799]

He escalated in the case this morning - as he has just shipped the item (whether it's in there or not) he has a valid tracking code so I imagine when the customer support responds to the escalation they will just award it to the seller From what I've read they are not the most competent at times which doesn't fill me with hope. Nor does the fact that I don't believe Consumer Rights covers me either. Thanks for the reply regardless 🙂