Seller wont cancel

[clearout300]

I purchased an item which showed a delivery date of 19th-26th September. So I purchased it on the 16th and paid instantly, expecting it'll be here on the 19th because I paid instantly. 

When Friday 19th Sept came around, and there was no item, I requested to cancel. I heard nothing from the seller all weekend. Then, yesterday (22nd) the seller cancelled my return requested. I contacted the seller who then tried to call me on my personal phone. I ignored it as I didn't recognise the number and prefer to keep all communications via eBay anyway.

The seller messaged me today (23rd September) and is now saying he will post the item tomorrow (24th September). He claims it's impossible that eBay showed the delivery date as 19th September (I've contacted eBay support who verified delivery was stated as being 19-26th September) .

Has anyone else had an experience like this? I've told the seller several times I wish to cancel. He hasn't posted the item and is refusing to cancel.

[jonatjonatjonat]

Cancellations are a request only. The seller doesn’t have to comply (though most probably would if they hadn’t shipped yet)

the mistake here is you expecting it to be delivered on the 19th when you were quite clearly told to expect delivery anytime up to 26th!

it may well have arrived on the 19th, but it could also have arrived anytime up to 26th,  which if they are posting tomorrow, is certainly still possible. You can obviously open an item not received claim eventually.

[plpmr]

Adding to the advice already given - 

" He claims it's impossible that eBay showed the delivery date as 19th September (I've contacted eBay support who verified delivery was stated as being 19-26th September)"

eBay confirmed estimated delivery any time from 19th to 26th.

"the seller cancelled my return requested"

Why open a return request when you had received nothing?

[moonlight-rhapsody]

"He claims it's impossible that eBay showed the delivery date as 19th September (I've contacted eBay support who verified delivery was stated as being 19-26th September) ."

I've seen plenty of posts from sellers saying that their stated despatch time is, say, 5 days but that ebay has still given the buyer a delivery timeline of 2 days after date of order.  The seller isn't necessarily aware that ebay has given an incorrect timeline.

I usually give sellers a bit of leeway anyway because the postal service is a bit unreliable these days (assuming it was being sent Royal Mail with no tracking).  It does seem a bit risky on the seller's part though to wait 8 days before despatch and expect it to turn up on the last day of the timeline.  Having said that, the dates given by ebay are only estimates and are not set in stone.

What does the seller say in their listing about their despatch policy?

[clearout300 · Accepted solution]

The seller tried to contact me via phone TWICE and marked the item as "dispached" (without tracking number) then told me to "start a return" - of course, I cannot start a return. I contacted eBay customer support who told me to open a "did not receive" as the seller did in fact NOT post the item. Solved.