Dispute Console help?

gardnt1

Hi, not a new ebayer, but need some advice about the dispute console.

I have bought an item on ebay which has not been delivered as yet. seller is a powerseller and has ok feedback. Since the 28 days stated on auction is up, I have contacted seller by phone to see where goods are. I have done this 4 times nad had 4 different answers and promises which havent been kept. Because of this I entered the dispute console and have had more contact with seller than ever!! Although i'm being nice they are now getting stroppy and offering a refund. Where do I stand? I want the goods! I am also concerned because I dont want tit for tat feedback as I have a 100 % record and proud of it! Any suggestions.....sorry its long!

masonic

More info required, please. For example, why were you happy to wait 28 days for delivery - was the item being shipped from abroad? How did you pay? What was the value of the item? Is the seller trying to strike a deal with you outside of the dispute process?

soolin

Accept the refund and move on, I wouldn't want to deal with a seller that mucks me around that much. Also be aware that if you paid by paypal you only have 45 days to start a chargeback so don't lose sight of that deadline.

Soo

gardnt1

More detail:

ordered table and chair set, brand new from an importer...did this after getting very positive feedback from those who had already received same item. Used buy it now and sent personal cheque as this is only method accepted...cost £410. Now auction stated 7 days, but wasnt too bothered at first as had to get room decorated etc.... I then noticed on the sellers other listings of same item that delivery would be within 28 days. I rang seller after approx 23 days to enquire when dispatch was and was told she thought it had gone out the day before. Rang next day after thinking about it to ask how courier would contact me to make sur I'm in and was told it hadnt been despatched and wouldnt know til next day when it would be! Next day arrived, rang back to be told of delay instock and no stock til 1st dec but alternative could be offered.... photos to be sent via email that night....none arrived, emailed again, and was told having trouble with broadband connection. Left it over weekend and emailed again, no reply so opened item not received dispute. This really P***ed her off as i was apparently the only one out of 52 happy customers to complain and what right had i !!.. Since then dispute has gone from me being polite to her calling me the worst ebayer out and someone who moans more than a woman. Refund offered , but she wont send until dispute closed... I said only close once received. No replies now to any further dispute messages, so ringing again tomorrow to try and get a date that I will receive payment by.. Will also explain that if it is not received by that date (and put in writing) that I will be escalating claim and starting a small claims court action to recover my money....my only worry is that if goods should arrive...should i refuse? dont want them anymore, and after the wait and mild abuse law should be on my side?

could i report to trading standards or police aswell or not worth it?

have 510 feedback score all 100 % it rather makes me angry that she thinks I'm in the wrong for querying where my goods are!! Powerseller aswell! If i leave her bad feedback, she will only do same for me!

any other suggestions?

masonic

I hope you realise that the maximum you will be refunded through they ebay dispute process is £105 (£120 minus a £15 admin fee). I'm not sure what to advise in respect to this - I think you really need to be persuing it down the 'small claims' route, and I don't know how a partial refund from ebay will affect that.

soolin

Like masonic says the fact you paid by cheque severely limits the assistance you will get from ebay, so you really need to be escalating this to small claims.

In my original response i assumed you had paid by paypal which would have covered you, but the advice is different since you paid by cheque.

Soo

gardnt1

No problems...I was going to go down small claims and was only using dispute to resolve dispute. I was aware of the max payout ebay will give but this is purely an ebay involvement programme although they really dont give much of a thought from experience over the years! Only interested in profit.

Thanks all.

soolin

Actually I might be cynical but although I do like paypal I wonder if the limitations in the ebay dispute process are there to force more people into using paypal? After all, if a buyer has problems with a seller once then that buyer might be moe inclined to use paypal in future as it increases (but not guarantees) your chances of getting a result. As I say though it's probably me being cynical.

Soo

gardnt1

Possibly.....

I couldnt use paypal this time as I too would prefer to go down that route. Aleays gives me extra piece of mind using a credit card too! However as with other ebayers paypal isnt without its problems!

Thanks again, Gardnt1

gardnt1

Thanks for all advice etc.....seller has now refunded after threat of small claims so alls well that ends well!!