Want refund for item not as described - do I open Ebay case?

[emptycoffers]

This is the first time I've had to do this so not entirely sure what the best course of action is to ensure I get refund and seller gets item back their item with no hard feelings either way.

I bought a shirt described as 100% pure silk (£45 + £5 postage via Paypal as Guest).
However when the shirt arrived it turned out to be a variety of man-made materials - all listed on label - mainly nylon - no reference to silk at all.

Seller (private individual) states No Returns on listing.

Because I paid as a Paypal Guest (no paypal account - used my credit card) I have contacted the seller direct via Ebay listing and said this item is not as described - I would like a full refund of item + postage + return postage.
I don't have the seller's address so will have to wait for them to get back to me.

Am I doing this the right way though?

What if the seller says - go ahead post it to me and I will refund and I never get my money back? Ebay seems sooo complicated to resolve issues that might arise like this and I just want a simple resolution.

Should I Open a Case? To do this I would need to open a Paypal account which I've been trying to avoid. But at least then everything will be formal and recorded.

Should I ask that seller refunds before I return item by tracked delivery?

Does the act of Opening a Case actually affect seller feedback at all? I don't want to do this as it was probably just a stupid mistake (maybe!).

I'm worried that if I don't Open a Case - there will be no record (apart from Ebay messages) of dispute.

What's the best thing to do???

[Twinklebells]

she can't state no returns - yes open a case and yes return tracked. I wouldn't recommend royal mail - use collect + or Hermes instead.

[emptycoffers]

Thanks Twinklebells - have had no reply from seller yet but only been half a day.

Is opening a case the 'proper' way to do things? It's just that from some of the threads on here I've got the impression that 'opening a case' is like the worst thing you can do to a seller... I don't want the seller blacklisted or shamed - just want my money back and we all carry on with no bad feedback either way.

[Twinklebells]

no you should open a case - if she ignores it then she will get a defect, but if she is co-operative then it is not a problem. I don't understand why you are worried about her account when she has lied about an item being silk.

[emptycoffers]

Thanks again - you're right - I would have been £45 down - why am I worrying!!!

[nauticant]

Damn right.

'opening a case' is like the worst thing you can do to a seller can be true if you're dealing with a responsive seller who's going out of their way to solve a problem. If a seller puts up a deceptive listing then it's their look-out, particularly so if they're not being helpful.

[emptycoffers]

Thanks nauticant - because I didn't have a Paypal account, I paid by credit card as a Paypal 'Guest' - I am barred from opening an Ebay case - Ebay direct you to Paypal and Paypal won't handle your problem until you login which means you have to open a Paypal account!!!

Catch22 - they got me! So I opened a Paypal account!

Ebay still won't open a case - they directed me to Paypal.

Did this and opened a dispute with Paypal.
If the seller doesn't respond, it's then up to me to make a claim or the dispute will be automatically closed.
It seems this is just an opening of communication with the seller - a chance to resolve this between ourselves.

Anyway... emailed seller via Ebay yesterday morning... had no response.

Raised dispute with Paypal yesterday afternoon... had no response.

Perhaps she's gone away for the holidays... not sure what happens next?

How long should I wait before escalating this to a claim with Paypal... 48hrs...3 days... a week? Anyone done this?

[Twinklebells]

you opened a not as described case with paypal? I think it is 7 days - I know you have to escalate within 20.

[emptycoffers]

That's right Twinklebells - 7 days, okay thanks.

What if the seller just doesn't respond? Do I get my money back?

They have 100% feedback but haven't been active for a few months...

It's annoying, I just want to post the ruddy parcel back and be done but hey ho!!! People have lives and other stuff to get on with ... I know...

[emptycoffers]

Just been reading the fine print... apparently I have 20 days to escalate to a claim from when I opened the dispute BUT generally you can't escalte until 7 days from the point of payment.

Well... my payment was made 7 days ago but I only got the item yesterday... so I guess it means I can escalate anytime from now on... but I'll wait till the weekend out of decency!!!...

Maybe that's still too quick but hell, if they haven't replied by Sunday - I'll go to a claim - does that seem reasonable?

Does that freeze the payment until PayPal adjudicate?

[Twinklebells]

I think you may need to wait 7 days from when you opened the case.

And yes paypal will freeze the funds. You will need to tracking to prove return - and as I said before I wouldn't use RM signed for as they often don't bother obtaining a signature.

[emptycoffers]

Thanks Twinklebells - do you have a recommended courier?

[Twinklebells]

I use Hermes - £2.98 if under 1kg and they collect from your door. Or £2.78 if you drop off to a parcel shop. Don't need to pay extra for a signature.

[emptycoffers]

Cheers - I've had deliveries from them which were fine - my local Hermes courier is very good.

[EhricJinglingHisBallsOnHigh]

If the seller doesn't respond you will get your money back after a period of time without having to return the shirt.
The benefit of opening a case is that PayPal ring fence the funds until the case is closed meaning the seller can't withdraw it from their PayPal account.

[Twinklebells]

No that isn't true Ehric. eBay do sometimes do no fault refunds, but this is a paypal case. I am sure you will need to pay to return it first before you get a refund.

[emptycoffers]

Okay... so this is what's happened so far... I raised a dispute with the seller via Paypal asking for a refund of item + postage + return postage - as per Ebay guidelines. I contacted the seller via Paypal and Ebay with sames messages.

Eventually had a reply yesterday, saying she will refund but don't bother returning the item by 'signed for' post, just send it standard.
The difference is less than £2.

I replied saying as long as they refund the cost of the item and the same cost of postage both ways, I will pay the difference for the 'signed for' as I don't want to be caught out with them saying they didn't get the item back.(not in those exact words)

I gave them the full refund figure and said pls confirm you are okay with that and have heard nothing since - best part of a 48 hours later...

The seller hasn't ever replied to me via the Paypal dispute system or acknowledged the dispute.
They have only messaged me via Ebay.
They really are making me distrust them albeit I expect they just don't give a feck about this item.
They have 100% feedback over a few years but over maybe a 100 items - not much recently.

I just want their stuff out of my house before Chirstmas and my money back in my account - but they are on a go slow/no urgency.
Perhaps they're in Guatemala or their Mum's died but ...tell me FFS..speak to me lest you be misunderstood!!!
Perhaps I'm in Guatemala or my mum's died - you know - quid pro quo!!!

Should I escalate to a Claim with Paypal? How do I make them respond without going nuclear?
WTF is it with people?
I am now just really wary about posting the shirt back without further evidence that they are trustworthy ie, a refund now before posting.

How unreasonable am I being and what should I do?

[Twinklebells]

no you must not send back without tracking! You need online proof - send My Hermes for £2.98. I get the feeling seller will try and claim not received and not refund you a penny. So whatever you do do not send back without proof of delivery - standard RM signed for is waste of time as many posties never bother getting a signature. Btw a seller will not refund before you send something back.

And don't buy as a guest - register and then you can neg.

[emptycoffers]

Need help!!! - Worried this is going pear-shaped fast!

Thanks Twinklebells - I registered with Paypal and raised this as dispute with them - however, seller has only ever messaged via Ebay (despite me copying every message to my Paypal dispute which he must the get an email about?) and this worries me.

Saturday night - Ebay msg from seller - saying she will pay for 'signed for' return post BUT will I post to a different address as she will be away over Christmas.
I reply fine.
She replies ONLY via Ebay msg - I have forgotten my Paypal Login but will go home and get it and refund you tonight (Sunday).
I reply fine, if you do that, I will post item as soon as Post office opens on Monday.
Win, Win, Win - I thought - refund in bag and then return item.

Then by today no further contact from seller, no refund, nothing.

I don't feel like returning the item without some contact from seller - where's the promised refund? (even if not obliged to refund first - that's what they said they would do).


The item in my possesssion (the shirt - £45 + £5 p&p) is worthless to me and on Ebay would sell for at most £10 so I don't feel I have any bargaining position in keeping it BUT it's the ONLY bargaining tool I've got - maybe the seller really thinks it's worth more - to another 'mug'.

What worries me is the 'forgotten' Paypal login - no reply ever to any of the Paypal messages I've sent, which must be forwarded to an email address.

Panic now! - Am I even really dealing with the Paypal account holder?

I'm definitely not sending anything back until I get a proper reply via Paypal - this could be anybody who just happens to have the Ebay password.
However, should I now escalate to a Paypal claim?
Should I indicate my panic about possible fraudulent use of the Ebay account?

Feck me! This is definitely not going to be sorted by Christmas now! Feckin time-wasting, joy-stealing miserable life-thieving feckers.

So please, any thoughts - what would you do?

[43percentburnt]

Hi stick to the ebay returns policy.

You return it, and pay for it.

She refunds you once received for the item and the original postage only. As per ebay policy. I haven't used the site for almost a year. But that is how it used to be.

You keep your proof of postage and that can be sent to ebay if she does not refund, then they sort the refund out fir you.

It will not happen quickly it may take a week or two over Xmas.

I repeat she only has to refund the item and initial postage cost. You pay for returns as per ebay policy.

[emptycoffers]

@43percentburn - fortunately that's not Ebay policy now.

When items are 'not as described' (which, if deliberate, is fraud) - the seller is required to pay return postage too.

pages.ebay.co.uk/help/sell/item-not-as-described.html

Increasingly, I am begiinging to view the seller (despite their previous great feedback) as a fraudster.
I would have been ashamed to sell an item which was not 100% truthfully what I said it was.
I would have bent over backwards to remedy my 'mistake' if I had done this.

Clearly my seller is not really that bothered - which casts doubt on their integrity.

Which makes me think they should refund before they get their item back - after all, they are now a 'known' mis-seller. I'm not. My credentials are good - I paid up-front.

Unfortunately, their item is practically worthless, which is why I thik they are not fussed about getting it back - they know it's not worth the trouble.

But it will be worth the trouble when their feedback is rubbished - which is my only bargaining chip.

[emptycoffers]

I repeat, I am happy to send the item back before they refund - but they haven't replied once via Paypal dispute mechanism - which makes me wonder again - are they a fraudster?
Do they have access to the Paypal account to even make the refund?

If only people would just communicate quickly and effectively!

[Twinklebells]

just wait for paypal - do not send back to a different address - and don't send by Royal Mail. Send by Hermes or Collect +.

[emptycoffers]

Do you mean wait until I hear via paypal before posting? Should I escalte to claim?

[FatAmy]

Definitely don't send to a different address as then they can claim they haven't received it- only send to the address on the PayPal account. You won't get a refund until they have received the item so I'd just send it as soon as possible so you can get your money back sooner.

[FatAmy]

Oh I've just noticed you haven't opened a claim yet- do that first!