Issues with a seller, continuing after case closef

[lil-bruva]

Last month I won and paid for an item at auction on Ebay.  Payment was sent straight away.

Three weeks later I had not recieved the item so I notified the seller, my response was along the lines of, I sent it, i have a photo of the envelope, i think you are lying...

So I opened a case for  item not recieved.

Seller sent me a photo of an envelope with a first class stamp and my address, fair enough... but they had no tracking for me, only more accusations of lying, accusing me of trying to get free stuff.

I tried to point our ebays policies in regard to sellers responsibility to ensure the item is received by the buyer, to which I recieved more accusations of fraud along with refund refusal stating as they work in law they know they dont have to refund me....

Case was closed by Ebay one month after auction end, and refunded me.

This refund was followed by yet another message from the seller with more defamatory comments, and I clearly stated that the case is now closed and they need to file a claim with their courier.

Now, somehow, two days after the case was closed, they have marked the item as despatched and provided a tracking number... i no longer want the item, case was closed so far as i am concerned so....

What am I to do if they now send me a replacement item that I have not agreed to?

Surely I am not obliged to pay for it, or even pay for return postage?!?!

This would be unsolicited mail?

It could also be something else in worse case scenario...

I need a little help but I cannot find information on what I should do...

[*guinevere*]

Stop communicating with them, they cannot do anything now. Put their ID on your blocked list  Blocked Bidders

and also tick the box to prevent blocked bidders contacting you.

 As you say, the case is closed. Done with. Any tracking number the seller has is irrelevant now, so even if the item is delivered ebay will not fore you to pay for it.

The usual advice if/when a buyer receives the item after being refunded is to ask the seller to make arrangements to get their item back, but as your seller has been so obnoxious personally I would not do this.

[plum993]

If the ebay case has closed in your favour,then it's possible the seller could appeal the decision and the payment be reversed in there favour,if  ebay take into account the tracking and posting they have just provided

No gaurantee's that will happen,so wait and see what happens.

[lil-bruva]

Sufficient tracking was not provided which is why ebay closed in my favour.... this would be the seller sending something after the case closed, that i have not agreed to....

[plum993]

Yes your right,but an appeal can be raised after a case has closed, and an appeal is looked at on a one to one basis,so it could go in the sellers favour depending on the agent viewing it!!

If it did happen that the seller was to appeal and win a reversal of the payment, there are other options at your disposal to recover your money,so you could comeback here for more info on that should it happen.

If the item arrives your no obligation to return it or pay for it,as the case closed.

[lil-bruva]

So, you are saying that after the case is closed, refund issued etc, the seller is able to send a replacement of the order, or something else by tracked mail just to appeal and take my refund away?!

That would not be legal surely....

[plum993]

Some sellers will do what ever it takes,but as said it may not happen,just a possibility thats all.

[john1297576]

Any tracking provided for a  "replacement" would only prove late dispatch which might  get seller another defect.

Do you really think he is going to spend more money on postage and an item, when the possibility of getting any money is virtually impossible.

[jckl1957]

I have read through the thread.  My advice, as always, is based on what I would do.

If they send you any more messages, you can report and block them from the message.  Open the message in your inbox and scroll right to the bottom, past all the 'small print'.  Click on 'action'.  From the little dropdown menu, you can choose 'report message' and 'block this buyer'.  I would do both, especially if there is anything offensive in a message.

As for the item they have now supposedly sent, I would not accept delivery.  Give it back to the postie or courier, or mark it 'return to sender/unsolicited mail' and put it unopened back into the post box.

[papso22]

If they have now sent something then it will arrive after eBay's original estimated delivery date and you can return it at the seller's expense for a refund, using the money back guarantee and claiming item not as described. 

[red_magpie]

So, you are saying that after the case is closed, refund issued etc, the seller is able to send a replacement of the order, or something else by tracked mail just to appeal and take my refund away?!

If this happens, let us know. It's very unlikely - and if they allowed the appeal, even more unlikely that eBay would take your refund away. It's more likely that they would stand the cost themselves.

I don't think eBay even has powers under the user agreement to claw back refunds. In cases where buyers are refunded for non-delivery, eBay takes no action if they then keep the item arrives as well when it arrives - even with tracking proof of delivery.

Incidentally, if eBay did claw your refund back an even more bizarre situation would arise - because as it was delivered late, you would be entitled to treat it as "not as described" under the money back guarantee. In this case you would again receive a full refund, and the seller would have to send you a prepaid return label if they wanted the item back! It would be good to see their reaction to this!

[*vyolla*]

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@lil-bruva wrote:

So, you are saying that after the case is closed, refund issued etc, the seller is able to send a replacement of the order, or something else by tracked mail just to appeal and take my refund away?!

That would not be legal surely....

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eBay won't accept that kind of appeal from a seller once a not received case has been closed and refunded.

[lil-bruva]

Hi all.

Just wanted to say a massive thank you to everyone for your time, advice and supporr.  It's appreciated...

The seller has now continued with their feud against me by leaving me negative comments in the form of a positive feedback... I have requested the removal of it due to it violating policy...

So again, thank you all... I shall be back if there is any more developments