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HELP - angry seller

I'm worried about a) not getting my cd and b) getting negative feedback.

i basically brought an item nearly three weeks ago and havn't had delivery of it yet.
I messaged the seller last monday and heard nothing back, so messaged again thursday saying that if i dont get a reply i will have no choice but to contact ebay.

i then get some poo about 2-5 business days delivery (which had long gone even before the first message was sent) and when i replied saying that its out of 2-5 days and it should have been delivered already (and that i want something done by the end of the day as just sending me this 205 shipping poo was irrelavent and clearly showed the message hadn't been looked into properly) i then get a really nasty reply!

i will post the messages below (for those that have the time to read)

ME - Hi, i just wondered if you had shipped the item yet as i have not received anything. thanks

seek-and-destroy (them) - [FONT=Arial, Verdana]Hello,

Sorry for not answering. I was away for a couple of days.

Our german partners usually post items within 2-5 business days (like I wrote in description). Your CD is imported from abroad, so it takes a little longer than within the UK. Please, wait. The package is on the way. Will arrive very soon for sure. We appreciate your patience! Any problems - please, email me again.

Don't worry, all transactions are fully guaranteed. 100% customer satisfaction!

Thanks!!

ME - Hi, Thanks for the reply, but it has already been more than 2-5 days. its been nearly three week so nearly triple that time.

seek-and-destroy -
[/FONT][FONT=Arial, Verdana]2-5 working days to POST, not to DELIVER!

ME - so how long am I looking at?
i repeat, it has been more than 2-5 days!! i'm sorry but if you cannot sort something buy the end of the day i will be forced to contact ebay and report you.

seek-and-destroy -
[/FONT][FONT=Arial, Verdana]I REPEAT AGAIN: IN LISTING WE PROMISED TO POST ITEMS WITHIN 2-5 BUSINESS DAYS. NEVER PROMISED TO DELIVER ANYTHING WITHIN 5 DAYS. ABSOLUTELY IMPOSSIBLE!! MOST ITEMS ARE IMPORTED FROM GERMANY AND USA.

YOUR DISC WAS POSTED WITHIN PROMISED 5 BUSINESS DAYS!!! GERMAN IMPORT! SHIPPING FROM GERMANY TAKES 6-10 DAYS AFTER THE SENDING DATE. AND MAY TAKE EVEN 14 DAYS NOW DUE TO A POSTAL STRIKE..

WHAT DO YOU WANT ME TO DO "BY THE END OF THE DAY"? TO MOVE THE EARTH??

3 WEEKS IS 21 CALENDAR DAYS. YOU PAID ON 16TH, 13 DAYS AGO. 3 WEEKS?? DON'T MAKE ME LOUGH.

DO REPORT TO EBAY. YOUR LEGAL RIGHT. I DIDN'T DO ANYTHING WRONG. AND IT WON'T HELP YOU TO GET THE CD FASTER ANYWAY...

IF YOUR AIM IS ONLY TO LEAVE ME NEGATIVE FEEDBACK DO IT RIGHT NOW! I'LL DO THE SAME AND FORGET ABOUT YOU. BUT IF YOU REALLY WANT THE CD YOU'LL JUST NEED TO WAIT A LITTLE MORE. WILL ARRIVE NEXT WEEK FOR SURE.
[/FONT]


bascially, i've already been threatened by neg feedback if i leave a neg and i obviously dont want to shoot myself in the foot. :(

can anyone advise what best to do? (i'm going straight back to ebay after i've posted this to report item not received anyway)
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Comments

  • FloFlo
    FloFlo Posts: 32,720 Forumite
    Whilst I think the seller should have been nicer, if it stated in the listing that they were importing the cd then its going to take longer. If you paid on the 16th with the recent royal mail industrial (and be aware its happening again today, Weds and Thurs) it could be legimately held up. I would wait until Monday before opening any dispute.
  • yeslek
    yeslek Posts: 1,442 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    (thanks for the reply)

    but the item is stated as being in birmingham in the listing (regardless of importing)

    either way, i have given over ten working days for the item and its not so much the waiting for it that bothers me (i dont mind waiting) but the lack of replies unless threatened and the speed at which the buyer got angry is whats bothered me and now that i feel almost justified in leaving a neg (obviously i'm going to wait and see how long the item really does take) i'm scared to do so :(
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Can you post one of their listings (prob best not the one you won) and we can have a look.
  • yeslek
    yeslek Posts: 1,442 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&ih=011&sspagename=STRK%3AMEWN%3AIT&viewitem=&item=320135756132&rd=1&rd=1

    i actually paid on the 12th July (i remember paying the next morning at work)
  • smartie1976
    smartie1976 Posts: 1,984 Forumite
    No where in the listing does it say the CD is coming from Germany, and I think that it is misleading, as a buyer is led to believe the item is in the UK.
    It's BOUGHT (to Buy), not BROUGHT (to bring) AND you cannot be frauded, only DEfrauded.

    Please do not buy animals from a pet store. Visit your local sanctuary or centre and give a good home to an unloved or abandoned animal.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    He does cover himself fairly well in the description, with current postal strikes I would probably cut him a bit more slack and leave it for a while yet. He is probably dropshipping.

    However, his emails leave a lot to be desired, keep an eye on feedback and leave it 4 weeks then think again. All a bit of a pain I know.

    If no joy after a month just start a PayPal dispute.
  • soolin
    soolin Posts: 74,197 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I agree with Hintza, leave it a few more days and if nothing turns up start a paypal chargeback. Time the chargeback for around the time he has other auctions finish so you have a better chance of retrieivng funds.

    You actually have 45 days to start a chargeback, so however long you decide to give him keep that time limit in sight!
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • RFW
    RFW Posts: 10,408 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I'd probably agree with the others, feedback would suggest he's fairly reliable, description and item location is very vague. I'd guess yours was one of very many emails he'd received and you could say that at least he answered you, so he's still there and not run off!

    You could report seller for item location abuse (listing says Bimingham, seller says Germany) which is in breach or rules. Use the report link at bottom of item page, seller is unlikely to know you have reported him. You can also report for feedback extortion http://pages.ebay.co.uk/help/policies/feedback-extortion.html



    Postal strike seems to be affecting things quite randomly as have floods, so a little more time wouldn't harm, just beware that you only have 45 days to report to Paypal.
    .
  • yeslek
    yeslek Posts: 1,442 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    yeah i would have reported already had it not been for postal strike (i actually got distracted at work so havn't got round it it yet - even though i said in my first post i would :rolleyes:) but off the advice you guys have given (thanks by the way) i think i will hold out a bit longer and see if anything turns up this week (if not then i will enquire once more outside of his maximum 15days for receipt of the item) and then take action.

    thanks guys
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    I really dislike location misrepresentation, but ebay seem to tolerate it even when reported :confused:
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
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