Ebay seller never delivered, question about what we can do now.

[fbdoone]

We're in Mississippi. Two years ago my wife bought an item via eBay from a seller in Pennsylvania. The seller never delivered claiming an accident or some such. We got a partial refund from Paypal. The remaining balance was about 350 which we ate. Recently my wife started emailing the seller, and after using some language I wish she hadn't, has threatened assorted legal resolutions to the matter. So now I'm wondering exactly what our rights are at this point. She's threatened felony charges and detectives and such things, which I wish she hadn't. She thinks we can charge him here with felonies, but to my knowledge we're bound by California or Pennsylvania laws, since that's where the sale took place (Paypal/Ebay, or the seller's state). Also, after this amount of time I'm not even sure we can sue. Can we? Paypal says that acceptance of a partial refund closes the case.What is the name of your state?

Also, my wife used some rough language, and I want to make sure the seller can't come back and bite me in the ass about that.

 

[JustAPal00]

I'm not sure I understand. I am very familiar with ebay, PayPal, and their policies. If you use PayPal to pay for something and the seller can't prove that you received it you are entitled to a full refund. Unless the item was over $2000.00 then you would grt the $2000.00 limit. Was the item you purchased over that amount?

 

[Zigner]

I'm not sure I understand. I am very familiar with ebay, PayPal, and their policies. If you use PayPal to pay for something and the seller can't prove that you received it you are entitled to a full refund. Unless the item was over $2000.00 then you would grt the $2000.00 limit. Was the item you purchased over that amount?

Are you familiar with exactly what policies Paypal had in effect 2 years ago? I can guarantee they were much different than they are now.
The fact of the matter is that our OP has no case. They were offered a settlement and they accepted it. Then, they waited two years to try and exert a claim that is contrary to that settlement.

 

[fbdoone]

Are you familiar with exactly what policies Paypal had in effect 2 years ago? I can guarantee they were much different than they are now.
The fact of the matter is that our OP has no case. They were offered a settlement and they accepted it. Then, they waited two years to try and exert a claim that is contrary to that settlement.

Well, we're talking about a case against the seller, not Paypal. Does the fact we accepted a partial settlement mean we can't charge him with theft? His excuse was that he put up the auction, paid for all the shipping (we got a tracking number) but then his "partner" absconded with the goods and money after the sale.

 

[hilsenedken]

my rule of thumb is that whenever i try to buy something from ebay, i only buy it from a reputable 'power seller' - these people usually tend to have more than 500 completed sales. you can see it in their profile. also, you can always ask them questions by clicking on the 'ask the seller a question' link - if their answers gives even a hint of a smelly fish, back off. you don't want to get yourself mixed up with people like that.

__________________________
http://www.gurucountry.com

 

[JustAPal00]

Are you familiar with exactly what policies Paypal had in effect 2 years ago? I can guarantee they were much different than they are now.
The fact of the matter is that our OP has no case. They were offered a settlement and they accepted it. Then, they waited two years to try and exert a claim that is contrary to that settlement.

Well actually I am! My brother and his wife have been selling COACH handbags on ebay for 5 years. About 3000 purses a year! My girlfriend also sells them but only about 250 a year, and I have well over 100 feedback! Their policy has been almost the same for about the last 3 1/2 years. If you are a seller and you a) take a paypal payment. b) ship to an address confirmed by paypal c) get a dilivery confirmation. If the buyer says they didn't receive it, you do not get charged back. As a buyer, if you use pay pal and you don't receive your package, you are covered upto $2000. If YOU don't know what you're talking about then quit posting here or just answer the easy questions!

 

[Zigner]

Well actually I am! My brother and his wife have been selling COACH handbags on ebay for 5 years. About 3000 purses a year! My girlfriend also sells them but only about 250 a year, and I have well over 100 feedback! Their policy has been almost the same for about the last 3 1/2 years. If you are a seller and you a) take a paypal payment. b) ship to an address confirmed by paypal c) get a dilivery confirmation. If the buyer says they didn't receive it, you do not get charged back. As a buyer, if you use pay pal and you don't receive your package, you are covered upto $2000. If YOU don't know what you're talking about then quit posting here or just answer the easy questions!

"Their policy has been almost the same for about the last 3 1/2 years."
(I guess that little word "almost" does you in.)

Please tell me how your advice is helping our OP recover anything from his 2 year old transaction...

 

[JustAPal00]

Well nothing remains EXACTLY the same, ebay is always making minor changes to their policies. If you go back to my first post I asked if the purchase was over $2000, and said I didn't quite understand what had transpired. I wanted the OP to give a little more detail so that maybe I could give advice. Instead of that happening I was pounced on by you who seems to know very little about the subject, but likes to use your limited knowledge to play word games. People come to this site to get other peoples opinions so that maybe they don't have to hire an attorney. Some people here would like to help them. Then there's all you "SENIOR CITIZENS" oops I mean members that like to play games and offer nothing!

 

[Zigner]

Well nothing remains EXACTLY the same, ebay is always making minor changes to their policies. If you go back to my first post I asked if the purchase was over $2000, and said I didn't quite understand what had transpired. I wanted the OP to give a little more detail so that maybe I could give advice. Instead of that happening I was pounced on by you who seems to know very little about the subject, but likes to use your limited knowledge to play word games. People come to this site to get other peoples opinions so that maybe they don't have to hire an attorney. Some people here would like to help them. Then there's all you "SENIOR CITIZENS" oops I mean members that like to play games and offer nothing!

Ok, it's easy...post some backup for your statement of fact ("If you use PayPal to pay for something and the seller can't prove that you received it you are entitled to a full refund.")

If you can cite some actual source for that policy being in place 2 years ago, then you deserve an apology from me.

 

[JustAPal00]

Ok, it's easy...post some backup for your statement of fact ("If you use PayPal to pay for something and the seller can't prove that you received it you are entitled to a full refund.")

If you can cite some actual source for that policy being in place 2 years ago, then you deserve an apology from me.

I'm not trying to prove anything to you, nor do I want an apology. The OP asked for advice, and with a little more of the story I might be able to provide some. If you read the OP's original post, he said the seller admited he never sent the item "claiming an accident or some such". Most credit cards have some sort of fraud prevention. I happen to know that for at least the last 3 1/2 years paypal has covered buyers for up to $2000. If you have something positive to add to the discussion, please do. If not go back to the teen chat rooms and chat with your pals!

 

[Zigner]

I'm not trying to prove anything to you, nor do I want an apology. The OP asked for advice, and with a little more of the story I might be able to provide some. If you read the OP's original post, he said the seller admited he never sent the item "claiming an accident or some such". Most credit cards have some sort of fraud prevention. I happen to know that for at least the last 3 1/2 years paypal has covered buyers for up to $2000. If you have something positive to add to the discussion, please do. If not go back to the teen chat rooms and chat with your pals!

Exactly as I though...anecdotal advice only.

 

[fbdoone]

So no one has an opinion my question? Or would y'all rather go back to bickering?

 

[Zigner]

So no one has an opinion my question? Or would y'all rather go back to bickering?

Opinions have been expressed. I feel you have no case. If you're not beyond the actual SOL, your inaction for so long a period of time will indicate that you accepted the settlement (refund) offered to you.

Google the term laches

 

[JustAPal00]

You can't get advice if you don't give all the pertinant information. There is something missing from your story. I asked you if your purchase was over $2000. You never responded. You said the guy admitted he never sent the item. That's fraud. Since it was through the mail, it's mail fraud! What's the whole story? If you don't tell the whole story, don't expect advice!

 

[Zigner]

You can't get advice if you don't give all the pertinant information. There is something missing from your story. I asked you if your purchase was over $2000. You never responded. You said the guy admitted he never sent the item. That's fraud. Since it was through the mail, it's mail fraud! What's the whole story? If you don't tell the whole story, don't expect advice!

It may be fraud, but it's not mail fraud. If he never actually SENT it, then the mail was never actually involved. Also, OP never said it was sent by the mail...