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help please, seller trying to con me

Hi, il try and explain this as clearly as i can, I purchased a ps3 on ebay and I think the seller is trying to get me to open a dispute so he can send me an empty box and keep my money, basically this happened to me 3 years ago I purchased a watch and the seller never sent it so I opened a dispute with paypal for item not received and then the seller sent me a leaflet on how to buy one! recorded delivery when I received the letter paypal closed the dispute in the sellers favour because the tracking number said the item (leaflet) had been delivered and I had a leaflet instead of a watch and he had my money. Paypal refused to reopen the claim as they said a claim can only be opened once.

Well I think the ps3 seller is trying to do the same thing, I purchased a ps3 two weeks ago and paid immediately, one hour later I got an email saying the postal service we usually use is having delays so we will send the item next week, I said ok please let me know when you have sent it. Week later no email from seller so I sent one, 5 mins later I got an email from paypal saying seller updated tracking information, basically he put item posted via UPS without a tracking number.

This was a week ago, 3 days later I noticed he had edited the tracking info again this time removing UPC as the carrier and leaving it blank (I checked with upc they supply tracking info), so I emailed asking for a tracking number and the response I got was it was sent via royal mail second class so theirs no tracking number. Who sends a ps3 via second class unregistered mail?

I then sent an email saying you put it down as UPC first now youre saying royal mail? the response I got was o well.

Anyway yesterday I sent an email asking for a refund as it still hasnt come after 2 weeks and the response today was file a paypal dispute!

I paid with a maestro so I dont know what to do now if I file a non received claim with paypal I think he will send an empty box and then Iv lost my money and no ps3. Should i file a not as described claim and say he sent me a leaflet or wont that work.

I really need some advice I dont want to loose my money.
Thanks

opt
«1

Comments

  • alfiesmum
    alfiesmum Posts: 1,171 Forumite
    Open a paypal dispute. I can see this as your only option. Hope your money is returned. Do they have good feedback?
  • Its not a business, im pretty sure they is just him, he does have good feedback buy not many and he has only been selling recently on ebay, I know I shouldnt have bought from him, also I noticed one of his feedbacks after I purchased the ps3 was received the day he sold the item which is fishy how could the person have received the item the same day they purchased it and leave him feedback "quick delivery" yes very quick.

    which type of dispute should I open I know if I open item not received hes going to pull a trick because hes told me to open a dispute. I havent been rude to him at all for him to behave like this unless he has an agenda.
  • soolin
    soolin Posts: 74,465 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I agree, open a dispute for itme not received and if anything arrives don't sign for it unless courier or postman is willing to allow you to open it in front of him first.
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  • *Scarlett
    *Scarlett Posts: 1,760 Forumite
    Hi

    From the sound of it, you should get your money back.

    Open a Paypal (or Ebay - I don't know too much about new Ebay process) for item not received. You should escalate this to a claim immediately if you can.

    The seller will be asked to provide on line proof of delivery, which they can't as this was apparently just sent 2nd class.

    If they have not posted within 7 days the seller will also have lost any seller protection.

    If you do receive any thing from the seller that is not the PS3, the dispute can be changed to significantly not described.

    Do not close the dispute upon any promises from the seller of a refund - let Paypal do this for you.

    Did you win this item at a low price? It sounds as if the seller did not want to send.

    Wait until you have your refund and then leave appropraite feedback and dsr stars.

    You had a previous bad experience with a Paypal dispute but I really can't see how the seller could win this one. If it seems to be taking too long and the seller is messing about entering false tracking info you could ring Paypal and ask them to investigate this - you'll get the number via the contact button when you log in.

    Good luck.
  • cyberbob
    cyberbob Posts: 9,480 Forumite
    1,000 Posts Combo Breaker
    If he does send an empty box (which I doubt) all you will need to do is contact paypal with proof of the postage costs and weight of item proving there couldn't have been a PS3 inside. People have managed to successfully do this with Paypal.

    If the seller enters false tracking info into the dispute just phone paypal as normally they will find in your favour a lot quicker if you phone and tell them
  • Thank you all for your responses, if I refused to sign for anything that comes would it show that I refused or would the status stay as undelivered? Im worried the postman signs or they attempt re-delivery and a neighbour signs. Sorry im paranoid a bit at the minuite because I think im going to loose the money.

    I won the 80gb ps3 for £198 which Iv seen it on sale in shops for £200 around xmas but they were all sold out, this was supposed to be the one with the original look not the one that played ps2 games aswell but it looked like that one.

    Actually it sold for a reasonable price considering its a mid range ps3 not the 60gb with the ps2 feature or the new slim ones they are the more expensive ones.

    Thanks again, I agree I should go down the not received route now that you guys have given me hope it felt dodgy to say i received a leaflet. :o
  • cyberbob wrote: »
    If he does send an empty box (which I doubt) all you will need to do is contact paypal with proof of the postage costs and weight of item proving there couldn't have been a PS3 inside. People have managed to successfully do this with Paypal.

    If the seller enters false tracking info into the dispute just phone paypal as normally they will find in your favour a lot quicker if you phone and tell them

    Iv googled this when it happend with the watch and iv seen instructions on how to do it! so its very possible he could, they even fill the box with sand/stones or anything to make the weight correct theirs instructions on that site even telling people to send it to a neighbour to sign so the customer cant refuse to sign as paypal only looks for the postcode with tracking info.
  • *Scarlett
    *Scarlett Posts: 1,760 Forumite
    Do you have a regular postie? You could ask them not to sign for anything on your behalf or to leave with neighbours until this is sorted.

    Many posties think they are doing you a favour by signing for something for you that will fit through the letterbox (and in many cases they are). But this would not be the case with a PS3. Have a word with your neighbours as well and ask them not to accept any parcels for you.

    As a buyer, for Paypal it doesn't matter if you refuse delivery - it will still show on line as not delivered.
    (It's a different matter for buyers returning an item to a seller)

    When did the seller actually post this? As stated before, they lose seller protection if it's more than 7 days - check Paypal T&Cs.
  • optimus
    optimus Posts: 8 Forumite
    edited 30 January 2010 at 3:08PM
    *Scarlett wrote: »
    Do you have a regular postie? You could ask them not to sign for anything on your behalf or to leave with neighbours until this is sorted.

    Many posties think they are doing you a favour by signing for something for you that will fit through the letterbox (and in many cases they are). But this would not be the case with a PS3. Have a word with your neighbours as well and ask them not to accept any parcels for you.

    As a buyer, for Paypal it doesn't matter if you refuse delivery - it will still show on line as not delivered.
    (It's a different matter for buyers returning an item to a seller)

    When did the seller actually post this? As stated before, they lose seller protection if it's more than 7 days - check Paypal T&Cs.

    Thanks scarlett, he said he posted it on the 20th which would have been 6 days, then he said he posted it on the 25th, then he said on the 27th and the last time he said it was posted on the 26th lol


    I wish rbs had changed my card to the visa one now

    Thanks again.
  • aaarrrggghhh
    aaarrrggghhh Posts: 1,297 Forumite
    soolin wrote: »
    I agree, open a dispute for itme not received and if anything arrives don't sign for it unless courier or postman is willing to allow you to open it in front of him first.

    This.

    Top advice.

    Open the dispute, escalate to a claim immediately. Provide all the info you've posted here and DO NOT sign for anything this week. You don't have to sign for Recorded Delivery, you can just ask for it to be returned - refuse it at your door.

    Wait for PayPal to close the claim in your favour for non-delivery.
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