I am so angry!

StormWarrior

I ordered an item form ebay, from a seller called divali-health-and-nutrition. Nearly a month later, my item was nowhere to be seen. I sent lots of emails but got no reply. I checked their feedback and realised they had ripped many others off the same way! I left them bad feedback and filed a paypal case. Even though I had done nothing wrong, they left me bad feedback, the only bad feedback I have ever got!

I won my case, and paypal refunded me from divali's account. Then a package arrived for me by recorded delivery, which I signed for. After I won my paypal case, divali sent me the item, and now having my signature, they have started a case against me for getting my product and a refund! I am so angry, ebay had better not take any money from my account! I don't even want the product any more, I would rather send it back than pay for it again.

jor el

I'd say keep it. You payed for an item and it didn't arrive. Started a complaint and got your refund since presumably the seller had no proof of postage. That ends that and you have no more obligation to the seller. Then, after this, the seller decided to send you something which you didn't order, didn't pay for and don't want. Though shít on them, free gift for you.

Having your signature means nothing, that could be for anything and there's no proof it was for the item previously in dispute. That dispute is now closed and I don't think Paypal or eBay will care to re-open it.

What case has the seller started? Is it a non-paying bidder complaint? If so, email eBay and explain how you won and paid, but got no item and was refunded by Paypal and that's the end of it. If the seller can't prove he posted the item before the refund took place then the sale can't be linked to the receipt he has.

Hoops1888

Sorry to hijack your thread but I have a question.

I bought a top off Ebay wasn't mad expensive but its been 3 weeks the guy says he has proof that he posted the item does this mean I cant get my money back?

Alanstrainor

In reply to the op, what the seller has done is called inertia selling and you do not have to pay for it, you do not have to pay for it's return either, it is on the seller to take it back, but dont do anything with the package, just keep it as received for the time being. If 6 months pass without the seller looking for the goods back then they are legally yours.

StormWarrior

But I'm worried ebay may just take the money out of my paypal account.

Alanstrainor

Such acts are protected under the sale of good and supply of services act, however i'm always unsure with ebay. But you still are in the right in this case. well as far as i can see anyway. I would contact Ebay and see what they have to say about this. Just stand your ground. Hope it goes well for ya i hate hearing about such Bas***d sellers on Ebay.

Vikings

Stormwarrior: You paid for an item and it has now been received, if your seller is able to prove this then you will be asked to refund them via PayPal.

The seller in this case probably appealed your non-receipt complaint with tracking, which if found to be valid will close the case in the seller's favour. Under PayPal's terms and conditions you are not allowed to be in receipt of both the item and the funds. This goes for both buyer and seller.

StormWarrior

The case that I opened against the seller had already been closed in my favour when they sent the product. I haven't used the item and don't even want it any more. I have no intention of paying for it, I would rather send it back. It was something I needed for my holiday, since it didn't arrive in time I have absolutely no further use for it.

Vikings

The seller can appeal the outcome of the case providing they have proof that you have received your item. As you have received it you should not have the item and the refund.

I can see why you would rather send the item back however I do not recommend doing this, wait for a response from the PayPal claim and it will inform you what to do to resolve the issue.

bigjohn382003

Hi OP , The best thing for you to do is return it recorded delivery.If you dont want it now theres no point in keeping it.The seller will open a claim and unless you can prove to paypal that you returned it they will go in his favour.As for feedback there has to be something wrong.If the seller has left you neg feedback and you win the case the feedback score is removed.The remarks will remain but the neg will be wiped off.

bigjohn382003

3#
This all depends if he has sent it recorded delivery or not.Everyone can get proof of postage but ebay will only accept it if it is recorded .It is the sellers responsability to make sure the item arrives with you so dont get a sad story about it being lost in the post.Email them and say that the item hasnt arrived and you want a refund.Same as the op if he doesnt cough up do a claimback as non delivery.

Jumpy

Why not just verify the date it was sent with the date that Paypal refunded your money? If it is after, then the seller posted without funds.

AntiRip

Although this seller has a rating of 98.9% they do have a lot of negative feedback. They also leave revenge negative feedback
:rolleyes: ****BUYER GIVES UNPROVOKED NEGATIVE - BEWARE****

StormWarrior

What is making this alot harder for me to work out is that ebay and paypal both seem to have totally wiped the transaction off the records. There's now no sign of me having paid for the item or getting my refund.

Beano

Let me see if I have this right

1. You ordered an item.
2. you paid for the item
3. It never arrived
4. You got a refund through paypal/ebay
5. Seller ships item
6. Seller now demands payment for item shipped after dispute was resolved

Assuming I understand you correctly then the seller hasnt a leg to stand on. The original contract was finished so the goods he sent were unsolicited and It is up to the seller to arrange for the goods to be returned at their expense. Do no send them back. Let them arrange for them to be picked up.

Saruman

OK so i assume by now you have in fact contacted Ebay, so what do they say you should do?
I would agree with others, the transaction was closed and you were not expecting the item but it was sent afterwards.
Was it just regular post? Im not sure if they can track that as you have to sign for any package type post with an post but it does not mean its registered so cant even be proved you got it.

egan007

Driver to Ebay blanchardstown - ring someones neck

jor el

StormWarrior wrote:

What is making this alot harder for me to work out is that ebay and paypal both seem to have totally wiped the transaction off the records. There's now no sign of me having paid for the item or getting my refund.

If you look at your account history in Paypal there will be a record of it. The short-term record/summary probably won't show it anymore. In My eBay however, the item will be showing as unpaid. You'll need to contact eBay about the non paying bidder claim he's put in against you to get them to remove it.

You shouldn't have to pay, or pay for the item's return either as it was essentially sent unsolicited. If you still have the packaging that it arrived in, you'll see a date stamp on it. If this is after the day that Paypal refunded you then the seller hasn't a leg to stand on.

The main thing is to contact eBay as only they can resolve this issue before you get a NPB strike against you. You should also be able to get the neg feedback removed as retaliatory feedback is against the rules.

Vikings

My advice still stands, wait for a response from PayPal before you do anything with the item. The item was received by you, the seller can probably prove this if tracking was used on the package, as you received the item you purchased you may be asked to refund the seller.

parsi

Alanstrainor wrote:

In reply to the op, what the seller has done is called inertia selling and you do not have to pay for it, you do not have to pay for it's return either, it is on the seller to take it back, but dont do anything with the package, just keep it as received for the time being. If 6 months pass without the seller looking for the goods back then they are legally yours.

I doubt that that is intertia selling. The product that was shipped was one that the OP specifically requested. It didn't arrive out of the blue. So it may not be inertia selling but is possibly dodgy.

Does the OP know when the package was actually sent ? I have had replacement items shipped out by eBay sellers and the missing products arrived on the same day.

StormWarrior

I have sent ebay several more messages but they haven't answered any yet. (does anyone know what the best email address to write to them is, there seem to be several?) there's no record of the transaction at all on my paypal account.