Defective Item / Seller Now Unresponsive / No Refund Sent / Outside 45 Days

lmlewisj
Community Member

I purchased item  (Bowflex SelectTech 552 / 1090 Dumbbell Stand) from user  on November 11, 2013.  The item arrived promptly, but was defective.  It included two left-hand dumbbell platforms and no right-hand piece.

 

I contacted the seller about this on November 16th.  After some back and forth, the seller arranged pre-paid shipping labels to be sent to me.  The package was Fedexed back to the seller at the end of November.  As of December 6th, the seller didn't know where the package was an was trying to get information from "the warehouse". The last communication I had from the seller was December 11th, when he/she claimed be still trying to get information about the package from Fedex.  

 

I emailed on the 19th to ask for another update but I have not heard from the seller since.

 

Needless to say, I have not yet received a refund.

 

Since the seller had been reasonable, if a little slow, up to this point, I was inclined to try to work things out between us.  However, I now find myself with an uncommunicative seller and am outside the 45 day period for opening a resolution (I was unaware of this time limit)!

 

I have just left negative feedback.  Do I have any other recourse?  The item was paid for via PayPal which, unfortunately, debits directly from my bank account (not a credit card).

 

I'm very irritated that, by trying to solve this problem myself via normal channels of communication, I have missed out on the 45-day window.  It is not a very long window when one considers the logistics of shipping and returns, and I shall be thinking twice about using PayPay in future.

 

Thank you,

 

-lmlewisj

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Defective Item / Seller Now Unresponsive / No Refund Sent / Outside 45 Days

marnotom!
Community Member

@lmlewisj wrote:

 

I'm very irritated that, by trying to solve this problem myself via normal channels of communication, I have missed out on the 45-day window.  It is not a very long window when one considers the logistics of shipping and returns, and I shall be thinking twice about using PayPal in future.

 


I'm not sure how you intend to pay for an eBay purchase if you decide to drop using PayPal to pay for your eBay purchases, but if you figure out a way I'm sure many of us would like to know.

 

Keep in mind that the 45-day timeframe for filing with PayPal is for filing a dispute.  You have twenty days after that to escalate the dispute to an actual claim giving you over nine weeks.  Also keep in mind that it's not "game over" if you are granted a refund as you can still repay the seller if things get worked out after that.

 

Having said that, it appears as though eBay is tweaking with the resolution process when it comes to not-received items and the timeframe for filing disputes for non-receipt.

http://ebay.ca/help/buy/item-not-received.html#timelines


 

 

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Defective Item / Seller Now Unresponsive / No Refund Sent / Outside 45 Days

 However, I now find myself with an uncommunicative seller and am outside the 45 day period for opening a resolution (I was unaware of this time limit)!

 

If you actually paid with a credit card using Paypal as the processor  (as opposed to paying from your bank balance) look up the 1-800 customer service number for the card and start a chargeback.

The service rep will need to know the dates, prices and transaction numbers, so have those handy to help her give your refund.

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Defective Item / Seller Now Unresponsive / No Refund Sent / Outside 45 Days

Femme, the OP stated that they did not use their credit card.

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Defective Item / Seller Now Unresponsive / No Refund Sent / Outside 45 Days

Thanks for the reply.  It does seem, however, that one cannot escalate to a claim without first filing a dispute.  I missed the 45-day period for filing a dispute, so it appears that the claim route is closed to me.

 

You are correct about PayPall, of course.  I didn't realize that there are no other options because I have always paid that way.

 

Graeme.

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Defective Item / Seller Now Unresponsive / No Refund Sent / Outside 45 Days


@lmlewisj wrote:

Thanks for the reply.  It does seem, however, that one cannot escalate to a claim without first filing a dispute.  I missed the 45-day period for filing a dispute, so it appears that the claim route is closed to me.

 


You're welcome.  My point was that you actually have up to nine weeks from purchase to file a claim if you file the dispute first and file that dispute at almost the last possible moment.

 

As for your seller, have you considered giving the Calgary police department a telephone call?

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