eBay...do I file a claim with paypal?

donpisto
5,000+ posts

CarAudio.com Veteran
Here's the story. On occasion I allow my brother to use my ebay and paypal account, but he always calls me before doing so. I approved of him buying something for his gf's birthday and he paid for it. I get one of those notices saying pay for the item, if you have done so disregard the message, so I disregard it.

I get an unpaid item message 8 days after the auction and I call my bro up to verify if he paid, he said he did so I check my account and nothing was sent. He probably didn't press submit after changing the shipping address. So I sent the payment immediately explaining the situation.

The seller has now stated that they will continue to give me an unpaid item and the item is no longer available. They state the auction says I have 5 - 7 days to pay. I reviewed it and it does not say anything about how many days I have to pay for the item. Even if that were the case, I don't see how the item is unavailable after 1 day (especially it being a weekend). I told them I have sent payment and they didn't issue a refund if it is unavailable. Now they are still saying they are not going to do business with me, which is fine, but they still haven't refunded the money. I can care less if I get a strike because it's only 1 and it's from some idiot who can't do business properly and work things out, or at least try to.

My question is: Do I file a claim with PayPal for an unreceived item? Or is there anything I can do to get my money back? They did not respond it he message are for the unpaid item messages, rather they responded to me, and currently the status is "awaiting other party's response."

Cliffs: Thought payment was sent on ebay, it wasnt so i sent it after 8 days of auction ending after receiving unpaid item message. Had the option to pay, did so. Seller saying item is not available and hasn't refunded my money and still trying to give me unpaid item strike.

 
Here is the latest message I got from them:

WE PRIDE OURSELVES WITH GREAT CUSTOMER SATISFACTION FOR ALL CUSTOMERS WHO

RESPECT AND ABIDE BY EBAYS RULES. AND UNDERSTAND THAT ITS GOOD BUYERS THAT

MAKE GREAT SELLERS. YOU ON THE OTHER HAND NEVER ACTUALLY BECAME A CUSTOMER.

YOU ARE SOMEONE WHO BIDS AND DOESN'T PAY UNTIL THERE NOTIFIED THAT A STRIKE

HAS BEEN ISSUED AGAINST THEM DUE TO NONE PAYMENT. YOU WON THE BID ON NOV

6TH AND DIDN'T RESPOND TO ANY OF MY EMAILS WHEN I TRIED TO CONTACT YOU ABOUT

PAYMENT. HAD YOU RESPONDED I WOULD HAVE WORKED WITH YOU. YOU HAVE A RESPONSIBILITY

TO THE SELLER TO BID AND PAY OR RESPOND WITHIN A REASONABLE TIME. NOT 8 DAYS

LATER AFTER A STRIKE HAD ALREADY BIN ISSUED. YOU FAILED FOLLOW EBAYS RULES.

ITS UP TO EBAY NOW THEY WILL BE GETTING BACK TO ME ON HOW THIS WILL BE HANDLED

FROM THIS POINT FORWARD. MY ADVICE TO YOU IS COMMUNICATION IS KEY.

My response:

At this point you are scamming. First and foremost, what you may not know about proper business etiquette, is that any potential buyer is your customer. Second, please indicate where in your auction it states I have 5 - 7 days to pay for the item as you claim? Third, you still have my money and have not sent me the item, nor have you issued a refund for payment which you did NOT deny or refund when you received the payment. Please do not insult me with accusations such as me not being a customer and implying that I do not know how to do business. I have done numerous transactions, not only on eBay but in other online types of business and real world sales.

In regards to communication, I received an email that the item was not paid for. I usually get those after I have even paid for the item, so as indicated in the message I ignore them since the item was paid for, or rather I was under the impression that it was paid for. Second, this so called communication you speak of is flawed on your end. You submitted and unpaid item notice on the 8th day and did not indicate that the item is no longer available, nor did you notify eBay that you will not offer me the opportunity to pay, because obviously I was given that option and paid promptly as soon as I contacted my brother and checked my financial statements to see whether I got charged or not.

Again, I am disappointed in the way you are treating a customer and it is surely not the proper way to run a business, especially when you still have the other party's money and wish not to do anything about it.

And this is what it was:

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=150308416586

I'd also like to add that I didn't pay 8 days after the strike was issued, it was actually the day of...and here's proof of that:

eBay Nov-14-08 at 11:03:02 PST

This case has been opened by the seller with the following reason: The buyer has not responded.

eBay Nov-14-08 at 11:20:46 PST

Buyer has indicated that they will pay for this item. The item details are as follows:

Item: NWT JUICY COUTURE VELOR SET JR WOMEN SZ MED DUSTY ROSE(#150308416586)

Buyer: changitokitty

Transaction date: Nov-06-2008

and the rest of the Paypal dispute filed against me. The message shown above was sent to my email and was not in this dispute, not sure if that helps me or not.

tiffanyjcrane Nov-17-08 at 10:18:27 PST

Item is no longer available. As the listing stated you had 5-7 days to make your payment. You didn't

respond nor did you pay on time as the listing stated. So there for the strike will remain against

you and you will not be receiving any merchandise from this company. When you bided on this Item

this is what you agreed to.

All buyers have 3 days to pay with paypal. If payment isn't made by 7th

day It will be relisted and you will get an unpaid item strike. Thank you

changitokitty Nov-17-08 at 11:17:29 PST

This unfair. I was told that the item was paid for. My account was charged, I received a receipt

of payment, and before that I received this notice. What's the purpose of this notice being sent out

a day AFTER your 7 day period for payment? You state that the customer's satisfaction is your priority.

I'm not satisfied with your actions whatsoever. Payment was sent and I don't see how the item is

unavailable after 1 day since it takes more than that to run an auction.

changitokitty Nov-17-08 at 11:26:47 PST

I just reviewed your auction and noticed that you in this message you stated I have 5-7 days to make

a payment. That information is not listed ANYWHERE in your auction, therefore you are subject to

shipping the item or issuing a refund. The following is taken directly from your auction in regards

to payment instructions:

Seller's payment instructions

TERMS: No exceptions you have 5 days to

ret.

As you can see it states I have 5 days to return, but nothing about how long I have to pay.

 
Lol at your Ebay name "changitokitty" but anyway follow up on that and at the end if your points are correct, Ebay will reverse the neg strike. I would not worry, you will get your cash back. May take a few days, but you will get it back. Smart thing is, that it was paid for via Paypal.

 
Hmmm, good point. I'll bring that up should they state something. Should I file a claim with either paypal or ebay or let eBay take its course.

Here's the pickle I'm in. The longer I wait, the longer my brother has to wait to find something else and his gf's bday is coming up soon, not sure when exactly, maybe end of this week or next. I'll be paying for the item but he's paying me back at the end of the month. I don't want to find something else, pay for it, and then this person ships it (though I doubt they will I dont want to take the risk), because then I'll be stuck with something I dont need.

 
Lol at your Ebay name "changitokitty" but anyway follow up on that and at the end if your points are correct, Ebay will reverse the neg strike. I would not worry, you will get your cash back. May take a few days, but you will get it back. Smart thing is, that it was paid for via Paypal.
Lol, inside joke with my lady, haha.

 
Problem solved.

Tiffany Crane (BROWNEYEDGIRLTIF@AOL.COM) has issued a full refund for your payment.

Message from merchant: THIS IS YOUR A FULL REFUND

***

Speak ENGRISH bish!

 
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