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eBay - dispute or not to dispute?

mooshoeporkmooshoepork Registered User regular
edited May 2008 in Help / Advice Forum
I recently purchased the uncut UK version of GTA from a seller on eBay. Unfortunately this seller does not respond to emails at all, didn't tell me it shipped until a WEEK after he apparently had, and didn't provide a tracking number that I paid for.

A friend of mine received his copy from him the other day, and I am still waiting, past the 10 day maximum time frame. My friend found 3.50 worth of postage stickers (paid 20 dollars shipping), and a date on it, which stated it shipped on the 5th of may, rather than the 29th which the seller stated in the listing, AND stated in the email shipped a week later.

I don't know what to do in this situation. If the game doesn't come tomorrow, I guess I'll open a dispute for a full refund, but I still feel I am entitled to a partial shipping refund or something considering I didn't get what I paid for (if what my friend says is true).

1. Wouldn't give me a tracking number
2. Lied about when it shipped
3. Included shipping costs that obviously exceed the cost of shipping, packing, and handling the item. (I believe this is stated in eBay's rules somewhere).

So, PA, over to you. What should I do?

edit: Paid by Paypal btw.

mooshoepork on

Posts

  • SzechuanosaurusSzechuanosaurus Registered User, ClubPA regular
    edited May 2008
    Discuss it with the seller first. That's the proper route to disputes. You don't just open a dispute without giving the seller a chance to resolve it amicably.

    Szechuanosaurus on
  • mooshoeporkmooshoepork Registered User regular
    edited May 2008
    Discuss it with the seller first. That's the proper route to disputes. You don't just open a dispute without giving the seller a chance to resolve it amicably.

    As I said, he doesn't reply to the various emails I have left in the past week. I made a post on a forum about people who bought from him, and apparently this is common. I have left him about 6 emails.

    mooshoepork on
  • SzechuanosaurusSzechuanosaurus Registered User, ClubPA regular
    edited May 2008
    Well, he's shipped to your friend, so he's not necessarily completely dodgy. Might've just gone on holiday with the profits of all the GTAs he sold.

    Szechuanosaurus on
  • mooshoeporkmooshoepork Registered User regular
    edited May 2008
    Well, he's shipped to your friend, so he's not necessarily completely dodgy. Might've just gone on holiday with the profits of all the GTAs he sold.

    I dunno, it just pisses me off that I effectively pay for a service I didn't receive. He said he'd ship it on this date, he sent an email saying he did, but he shipped it on the 5th, and wouldn't give me my tracking number so I know where my package is.

    Doesn't this seem like a load of shit to you? Him going on holiday is irrelevant, it isn't my problem.

    thanks for the replies

    mooshoepork on
  • SzechuanosaurusSzechuanosaurus Registered User, ClubPA regular
    edited May 2008
    Well yeah, give it up to the statutory deadline for filing official complaints. If he doesn't get back to you before then with a reasonable refund for the services paid for but not provided, raise a ticket.

    Szechuanosaurus on
  • RoundBoyRoundBoy Registered User regular
    edited May 2008
    It could be for 'shipping & handling'.

    So, you bought the item for 'x', and agreed to pay 'y' for shipping, giving you a total cost of x + y.. but you are pissed that he made a bit of extra cash on the sale ? If the price was too much, why did you buy?

    Since its common for someone to inflate shipping to get more for an item, and bypass ebay's fees (which are based on the item sell price, not including shipping) you might be able to claim this with ebay. But you are in for a negative judgement if he can come up with a reasonable excuse:

    "I had to buy a box, drive there, etc"
    "That's what the online shipping estimator told me it would be, and I can't charge you more later"

    If so many others had this problem, did you look at his feedback comments ? Personally, you got exactly what you wanted, although a bit late.. for exactly what you expected it to cost. i would just chalk it up to lack of prepurchase investigation.

    RoundBoy on
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  • SzechuanosaurusSzechuanosaurus Registered User, ClubPA regular
    edited May 2008
    Yeah, eBay introduced a policy a while back about not gouging with ridiculously high shipping prices. $20 isn't that much when you add handling on top and is kind of justifiable, but if he charged that with the understanding that it included a certain expedited delivery service and a specific dispatch date then there's still some grounds for dispute.

    Szechuanosaurus on
  • mooshoeporkmooshoepork Registered User regular
    edited May 2008
    Okay, what about the tracking number though?

    mooshoepork on
  • SzechuanosaurusSzechuanosaurus Registered User, ClubPA regular
    edited May 2008
    Well yeah, that too, if it was part of the deal it was part of the deal.

    Szechuanosaurus on
  • mugginnsmugginns Jawsome Fresh CoastRegistered User regular
    edited May 2008
    $20 to ship a dvd? Should never have bought it in the first place. That is ridiculous. I'd contact Ebay and Paypal. See if you can get your money back. If you used a Visa you might be able to get a dispute with them as well.

    mugginns on
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  • grungeboxgrungebox Registered User regular
    edited May 2008
    mugginns wrote: »
    $20 to ship a dvd? Should never have bought it in the first place. That is ridiculous. I'd contact Ebay and Paypal. See if you can get your money back. If you used a Visa you might be able to get a dispute with them as well.

    Don't start a dispute with your credit card company unless you've explored all other avenues. Go through the seller, then eBay itself, then Paypal. Credit card companies note disputes on your full credit report, I think, and it's really bad if they find out your claim was invalid (like, say, you start the dispute and two days later your GTA lands on your doorstep).

    grungebox on
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  • mooshoeporkmooshoepork Registered User regular
    edited May 2008
    mugginns wrote: »
    $20 to ship a dvd? Should never have bought it in the first place. That is ridiculous. I'd contact Ebay and Paypal. See if you can get your money back. If you used a Visa you might be able to get a dispute with them as well.

    Well, it only ended up being 65 AUS dollars, cheapest at launch with the censoring was 78. It just pisses me off that I pay for that postage, and don't get a tracking number.

    mooshoepork on
  • RoundBoyRoundBoy Registered User regular
    edited May 2008
    Listen, there is NO right to dispute any charge: Product was delivered, and you agreed to pay for the item, + $20 shipping.

    Since it was cheaper then launch, i would say you still made out on the deal. it seems that you are just pissed because you agreed to $20 shipping when he only spent $3.50.

    If you paid for 2 day shipping , overnight, and it was not shipped that method, then you have grounds for a partial refund, but from what you wrote, you only opted for standard shipping (and again, were ok with the charge)

    RoundBoy on
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    Librarians harbor a terrible secret. Find it.
  • tsmvengytsmvengy Registered User regular
    edited May 2008
    RoundBoy wrote: »
    Listen, there is NO right to dispute any charge: Product was delivered, and you agreed to pay for the item, + $20 shipping.

    Since it was cheaper then launch, i would say you still made out on the deal. it seems that you are just pissed because you agreed to $20 shipping when he only spent $3.50.

    If you paid for 2 day shipping , overnight, and it was not shipped that method, then you have grounds for a partial refund, but from what you wrote, you only opted for standard shipping (and again, were ok with the charge)

    Actually, from reading things it looks like he hasn't received it yet.

    If you do eventually receive it, you may be entitled to a partial refund, especially if he put in the listing "I WILL SHIP ON APRIL 29."

    tsmvengy on
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  • mooshoeporkmooshoepork Registered User regular
    edited May 2008
    Yeah, I haven't received it yet, that's why I am angry. Mostly I am angry at the fact he apparently lied (I will be able to tell for sure when I receive MY copy) about when he shipped it. He is just a fucking liar. Look at this shit:
    Dear Friend,

    One more things, the original GTA4 is banned in Au ebay now, some people say the message between buyers and sellers maybe deleted also.

    So, that's why you did not receive my shipping notice and the tracking information from me when your parcel was shipped,

    I hope you can understand about it.

    Thanks.
    Wonderland

    edit: The 20 dollars, I did agree to, under the assumption that I would get it shipped when was promised, and would be given a tracking number. Neither were delivered.

    mooshoepork on
  • oncelingonceling Registered User regular
    edited May 2008
    You have 45 days to file a PayPal dispute. If you choose to, they will require that you ship the game back to the seller. Most credit card companies do not allow you to keep the goods, also.

    That said, you have some time. There is no point filing a dispute before receiving the item. It sounds likely that you will be receiving it. If you file a dispute saying you didn't get it, with PayPal, then the guy gives them a tracking number that proves its delivered or will be shortly, you're not going to have any options at all, and the seller is unlikely to be doing any further dealing with you.

    Shipping costs on eBay need to be reasonable. $20 is probably reasonable, unfortunately. You can report an auction for unreasonable shipping costs but you can't just get money back because of it, it would be a waste of time, I don't recommend even bothering reporting it.

    That said, here are your options:

    1. When you receive the item, take a look at the shipping date and cost.

    2. If you find either (or both) unreasonable compared to what was offered, contact the seller with your complaint politely stating "This says you shipped on May 5, the auction said April 29" or "This states you paid $3.50 for shipping and you charged me $20, I don't find that reasonable."

    3. In your email to the seller, state what you feel is a resonable refund of the $20 shipping portion. Allow them the cost for a mailer and some gas to get to the post office at the very least, as well as the $3.50 shipping.

    4. If the seller refuses, you probably can't do anything. PayPal doesn't have a dispute type for "seller made me pay too much for shipping" because generally you are expected to do that research before you buy.

    5. Give the seller 1/5 for all their stars when leaving feedback. 0/5 acts as if you didn't bother with stars, so don't do it, 1/5 will bring their ratings down more. That is the best you can do. The stars determine the persons discounts on invoices (if they are a large seller) and obviously some buyers look at these to see if the seller is a jerk before doing business with them. Stars are relatively anonymous.

    6. If you are not afraid of receiving retalitory feedback (or the seller has already left you positive) you can give the seller a neutral or negative comment. Generally, in the eBay community, this makes people really mad with you, so its up to you whether you care what he says in return to yours. (negative feedback for buyers will be impossible later this month).

    onceling on
  • mooshoeporkmooshoepork Registered User regular
    edited May 2008
    Thanks for the reply. I have about 50 feedback, all positive, and I am not afraid to leave this guy a negative, even if he leaves me one back. In the event that he DOES, I can always comment on it. Judging from other people that left him negatives, he didn't retaliate. Maybe the best course of action is to just leave him a descriptive negative feedback.

    edit: Someone's feedback:
    $20AU shipping =$3.50AU of stamps & wrapping, WTF?? Poor communication. Item ok.

    Reply by wonderland_uk (08-May-08 23:09):
    $20 AUD include stamps, registered mail, insurance, piority mail handle and more

    He is full of shit.

    Since the 29th of April he has gotten 5 negative feedback.

    edit: And he has about 5 withdrawals too, where people left negative feedback because he wasn't answering emails.

    edit: fuck it. I just recieved a package...with one game in it, not two like I ordered. I left negative feedback for the first transaction, and opened a dispute for the second.

    mooshoepork on
  • mooshoeporkmooshoepork Registered User regular
    edited May 2008
    He just sends me an email saying he hasn't even sent the other one yet. But, sent it today. That is ridiculous. Can I escalate my dispute to a claim? He hasn't responded via the resolution centre.

    mooshoepork on
  • RoundBoyRoundBoy Registered User regular
    edited May 2008
    What you need to realize is, if he removes all funds from paypal, even if they do find in your favor, they will recover nothing. His account will be negative, and you will be out of funds. If he doesn't care about that paypal / ebay id anymore, especially with the negative feedbacks.. he won't add more funds.

    There *is* some provision that you can get the cash from paypal itself if you bought from a trusted seller, or something.. i dunno the details.

    This will make you feel better : Since the paypal dispute form is VERY basic, and only allows one dispute / resolution per transaction... if they rule in your favor, then take the funds from him... and THEN he provides a tracing number for the proper shipment... paypal will give the money back to him. even if the package he later sends proves to be empty ... People have had varying amounts of luck recovering after this situation.

    RoundBoy on
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  • mooshoeporkmooshoepork Registered User regular
    edited May 2008
    He just sent me this:

    Dear Friend,

    Thanks for your message.

    First of all, i want to let you know the shipping cost is as follow:

    1. Normal air cost (stamps) $6AUD
    2. Registered Mail service and insurance cost (The barcode) $10AUD
    3. Piority Loal Mail handling in Hong Kong: $2 AUD
    4. Wrapping and others: $2 AUD

    So, we do not charge you more.

    And i am very sorry about the situation.

    Yes, i accept you suggestion. I will refund you the shipping cost for the second item and the half shipping cost for the first item ie $30 AUD as my apologize.

    But could you please promised me the follow things:

    1. Once you received the $30 AUD refund, you will withdraw the negative feedback for me immediately. (I request you to withdraw the negative feedback for me immediately because starting from Monday the mutual feedback withdraw system will no longer exist and you cannot withdraw the negative feedback for me afterwards)

    2. You promised me not to leave me a negative or neutral feedback for the second transaction.

    Please let me know what do you think and i will give you the refund immediately.

    Thanks a lot.
    Wonderland



    I guess I'll withdraw...assuming he isn't bullshitting about it. I'll keep the dispute open, until the item actually comes...

    mooshoepork on
  • JaysonFourJaysonFour Classy Monster Kitteh Registered User regular
    edited May 2008
    Don't do a damned thing until the cash is in your hands. He's trying to trick you into removing the deserved negatives. If you withdraw them, you'll just get the same old song-and-dance routine while your seller is free to rear-end another buyer like they did you.

    (Sorry to go off like that, but a friend got conned out of $2,600 on an eBay bike sale. Nobody deserves that kind of grief and stress.)

    JaysonFour on
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  • oncelingonceling Registered User regular
    edited May 2008
    No need to actually remove the feedback after you receive your refunds. Don't agree to it, don't disagree. I'd just say "That refund amount will be satisfactory, I will let you know when the second package is received."

    Leave the dispute open until you are satisfied, so you have the option of escalating if things don't go to plan.

    Yes, there are problems with sellers sending empty packages and using the tracking number. That doesn't work with a credit card chargeback through a CC company, which is why I recommend paying for everything through a CC.

    onceling on
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