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Original poster

Still no refund from seller from two months ago!

17 replies

Itdidntworkout · 15/08/2012 15:24

In May I received an item which wasn't as described. The seller refused all contact, so I initiated a dispute through the resolution centre. They responded and over the course of three weeks, he agreed to refund me once I returned the dress. Everything was received, he was happy to refund my money. He then asked me to withdraw my negative feedback.

When I looked at the resolution centre notes, it stated that the seller had offered me a partial refund (less postage) through Paypal, which I accepted. I thought that this meant a payment was made, so withdrew my feedback and closed the case. Well, I looked at my Paypal account today and no payment was ever made! I should have looked earlier, but I guess I was too trusting and as everything was going through the resolution centre, I assumed he would come good.

What do I do? The case is closed, so I can't reopen it and because the item is more than 30 days old, I can't bring another case. The seller now has no items for sale (possible because of the summer hols, but I doubt it). I have emailed him and issued him with an invoice for the amount via Paypal.

Is there anything else I can do? I feel so stupid and naive!

OP posts:
Original poster
Itdidntworkout · 15/08/2012 15:49

Also thought it worth mentioning that according to the seller, I had to close the case as Paypal account was blocked and the only way to unblock it was for me to close the case.

OP posts:
lljkk · 15/08/2012 15:52

How much are you out of pocket?
Might just have to let it go as learning experience.

FiveMonths · 15/08/2012 15:54

There's sadly nothing ebay or paypal can do - you must never close a case till the refund has been made, not everyone can know this, it's something you'll know now I suppose Sad

How was the payment funded - if through a credit card then claim via your card company. The bank may also do it as unauthorised funds but this is less likely - good luck though.

Original poster
Itdidntworkout · 15/08/2012 16:06

Out of pocket £40. Paid via my debit card. I have their address, should I write as well? I didn't know you had to keep a case open. They stated (see below) that it had to be closed to make payment.

This is what the seller wrote:

Seller's message:
"I have received the dress,please withdraw negative feedback and close the case,as I am trying to make a refund but as you have opened the case my pay pal is blocked and I cant return the money to you.I will refund you as soon as it will be possible.I am leaving today for a weekend so I hope we can sort it out before I go."

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FiveMonths · 15/08/2012 16:12

Yes this is very common and very confusing - I actually don't know how it works from the seller's POV but I think they are being genuine. It is just a shame they have not bothered to refund you in the event.

It is always stated by paypal in claim situations that you must not close the case until you receive the money back - but they don't make this clear unless you ring them up.

I would write to them asking them to refund but only really if you're prepared to threaten them with the small claims court - which you are allowed to do.

Do you have proof of delivery from when you returned the item? Good if you do. Though they state they received it anyway - keep your emails if you plan to go this route.

The CAB consumer advice line will have more info on small claims. Google them - used to be consumer direct. it's essentially the same thing.

FiveMonths · 15/08/2012 16:14

I think I remember I had this happen once with a seller saying they couldn't refund - I think paypal said, the seller needs to contact paypal themselves, and tell them they agree to refund, and then paypal will help them to do so. Or something. It is definitely a failure in the system and it happens a lot.

Original poster
Itdidntworkout · 15/08/2012 16:24

Thanks guys.

Five - I did have the receipt, but when they said they received it, I threw it away. I had no reason to keep it.

I'm angry with the seller and even more angry at myself!

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Original poster
Itdidntworkout · 15/08/2012 21:51

having read bits and pieces online, basically, the seller offers a refund, you accept and when it doesn't arrive you have no redress. To accept their offer is to close the account.

How do they get away with it?

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fergoose · 15/08/2012 22:37

the seller certainly is not genuine! Them telling you they couldn't refund and you having to close the case is a lie. They are now too late to refund you the original payment, but they could still send you a gift paypal payment for the money if they were honest.

Sadly, the only recourse is you either do a chargeback via your bank or credit card or write to the seller via recorded post giving them 14 days to pay you in full or you will take them to small claims court for your refund.

fergoose · 15/08/2012 22:37

Oh and print out all the emails saying they have received the return and asking you to close the case, etc.

FiveMonths · 16/08/2012 07:44

Fergoose, sorry, I only meant that the email from the seller sounded fairly genuine at the time - but clearly they decided to not be forthcoming with the refund when they realised they could get away with it.

I say this because I've had several cases where the seller has been genuine, and well intentioned, (afaik) but has been unable to refund because paypal has frozen their account - and has asked me exactly the same thing, to close the case first.

I did have to call paypal and ask their advice and they said something about the seller having to call them, and they would process it on their behalf, or something - so it is a common problem I think.

anyway yes to small claims letter, (get a template on consumer direct/cab website, I think) and see what the bank says about a direct debit chargeback if you used a debit card. You never know.

Original poster
Itdidntworkout · 16/08/2012 08:49

They are based in Scotland, does that make a difference? Are small claims only for England and Wales?

Just looked at their feedback - once they received the dress, they relisted and sold it again 7 days later!

OP posts:
Original poster
Itdidntworkout · 16/08/2012 09:01

By the time I spent issuing letters at the expense of Recorded Delivery and £30 for the English small claims application, I'm going to be out of pocket. It's the principal.

I'm tempted to get their number from Directory Enquiries and call them - is that harassment?

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fergoose · 16/08/2012 09:27

no you wouldn't be out of pocket as you add the costs of the claim to the overall costs and they will have to pay you that back too

FannyFifer · 16/08/2012 09:29

Where about in Scotland?

fergoose · 16/08/2012 09:32

If they are a business seller their number should be on the listing - but no, just a call asking for your money before court action isn't harassment I don't think.

Original poster
Itdidntworkout · 16/08/2012 14:16

Fanny - they are based in Elgin and 192.com states that they have been there quite a few years, so I doubt they'll be going anywhere in a hurry.

They're not a business seller, but certainly sold plenty of dresses, so I could argue that they acted like a business.

I shall wait until tomorrow to call them, to them a full 24 hours to pay the Paypal invoice I sent them.

I'll keep you posted....

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