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

[JustAPal00]

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...

Yes it is mail fraud! You really should at least look up what you're talking about before you offer any advice!

U.S. Code, Title 18, Part I, Chapter 63

Mail Fraud

Sec. 1341. - Frauds and Swindles
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than five years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both

 

[fbdoone]

I asked you if your purchase was over $2000. You never responded.

I thought i put that in the original post, sorry. The payment was $556, we got $175 back.

You said the guy admitted he never sent the item. That's fraud. Since it was through the mail, it's mail fraud!

he claimed he was unable to sell them because his partner took off with the money and the merchandise, that's when refunds were offered.

 

[JustAPal00]

So the seller is the guy that offered the refund, not PayPal. If you had gone through ebay and PayPal within the first 45 days, you would have received your money back. They can't help you now. It's probably not too late to go after them civilly, but it might not be worth it. Seems to me if you filed in small claims court, you'd have an open and shut case. The problem would be collecting.

 

[Rhino1XL]

If you live close to the seller. Drive/fly to his establishment, and get your money back the old fashioned way**************..... nuff said.