Seller posted out after cancellation sent

harry_et

Hi, hope someone can help. This is an ebay query
I ordered an item and it failed to show up by the very generous due date. Tried to cancel the order with the buyer but she sent it out that day at 3.30 (order was cancelled at 9.30)
This is a £50 item which she clearly did not have in stock at the time of my order!
Anyway, she has refused to take it back and I am now left with an item I do not want as I ordered from elsewhere and got that in 3 days! (it arrived before the ebay order)
She claims that she sent it out the next day but her own invoice is dated 4 days after my order was placed. She also claims that MyHermes had got the item and it was out of her hands but their tracking shows when it was collected etc. She says that their system is wrong and she posted out next day. She has lied all along as she also blamed the MyHermes fire but my item was ordered 10 days before that even happened.
I did go through the ebay system to say my item had not arrived but had to cancel that when it did arrive as it didn't allow me the option to return.
I wanted to return straight away but nw the system won't allow me to! Have asked the seller 2-3 times to allow me to return and she claims that I am blocking her!
Don't want to return it without ebay involved. Seller says if I return it without the paperwork she will refund?
Am now stuck with an expensive item I don't want. Ebay system doesn't help, What are my options?

ballisticbrian

The problem is simple; you want to return an item for which you closed an *item not received* case and now can't re-open the case. I would phone eBay and explain this to them, but forget all this stuff about fires and who said what and when and cut to the chase.

harry_et

Have tried ringing and it just keeps me on hold.
This is what it says when I click on the return item link
"You can't start a return for this item. You have already opened an eBay Money Back Guarantee case for this item.Please go to the Resolution Center to view details of the case."
When you follow the link to the case details it says
"Your request was closed, Got it. We noted that you closed your request on Dec. 10 because you received the item."
I seem to be stuck in some kind of loop that it is impossible to get out of?
What can I do next?

bxboards

If the seller is a business seller you have 14 days to return the item.

However I don't think you will be able to do much via Ebay, your mistake was to open a 'not received' case. You should have just asked the Seller to cancel if they had not posted it.

Your recouse probably lies outside Ebay now.

harry_et

I did try to cancel after the item failed to show up. This was done am and parcel posted out pm on the same day.
Seller didn't respond but then once the parcel was safely en route she claimed that it had been dispatched days earlier? The myHermes Web tracker says different but she has totally refused to have it back. She is a business seller

harry_et

So am I right in thinking that all a seller has to do is ignore the buyer and sit tight for a bit. Buyer has to put up with this as there is nothing they can do?

kathe333

This might not be much help but have you tried doing the online chat with ebay? When I have had problems in the past they have been pretty helpful.

harry_et

Will try that thanks. Just can't afford to lose £50 and hate to get such sloppy service. Also. I left them appropriate feedback and they have put some very negative stuff about me in their reply. How do I sort that out?

the_lunatic_is_in_my_head

Assuming they are business and the item is excluded from your rights to cancel send them a notice before action.

If they are refusing to accept a return it's doubtful they have sent you the required information either so IIRC all you have to do is advise you wish to cancel your contract and be refunded in full and the goods are available for their collection by a recognised courier.

harry_et

Hi, tried the chat and they referred me back to the phone system. Philippines called me back and they are escalating it and asking the seller to accept the return. She has 8 days and then I can escalate it
Does that sound good? Hope so