Wondering what my chances are of getting any of my money back by opening a case?

[kewdale6105]

Is there an actual person who can give an opinion about whether or not a buyer can get any of their money back.  The wrong item was sent and I returned it but did not realize it had to be tracked.  I have receipts for the transaction but there is no tracking on the item.  The seller says she has not received it and will not send me out the item that I ordered and paid for which was considerably more expensive than what I sent back to her at my own expense.  I have only until August 5th to begin a case.  Just wondering if it is worthwhile?  Meantime I am out $70. with nothing to show for it.

[marnotom!]

An actual person?  Do you think the eBay users who volunteer their time on these discussion boards are apparitions?

Here's my take on it, anyway.

1.  You don't have to return an item with tracking, although it's in your best interest to do so if you feel you can't trust your seller to do the right thing, or else you feel that given the nature of your item, there's more than a fair chance of it going astray in transit (depending on its destination).  If you have to return an item as part of the outcome of a PayPal claim, you'll be strongly encouraged to use a shipping method with tracking or some sort of online viewable confirmation of delivery, though.

2.  Did your seller send the item with tracking in the first place?  If not, they're not going to have evidence that you received the item in the first place.  Others may disagree, but seeing as you don't have anything to show for your money, you're perfectly within your rights to file a claim of non-delivery.  However, if there is online viewable evidence that you received the item, you may not prevail in a claim or case of non-delivery depending on the conditions in which the item was sent.

3.  I don't think you'd prevail in a claim or case for an item not as described.  Well, that's not quite accurate.  You likely would prevail, but you wouldn't get a refund until there was evidence that the seller had received the item back from you.  Proof that you sent the item off wouldn't be enough unless there was also some sort of indication that it was actually bound for the seller's location.

Just out of curiosity, is the seller from Canada or abroad?  And how did you fund your payment?

[reallynicestamps]

RE: #3

Some credit cards might allow proof of mailing as grounds for a refund, if you paid for the item using Paypal to process the credit card payment.

Maybe.

If your seller is adamant that she has not yet received the item back*, start the PP dispute for Not As Described now. She may cave, even without the proof of delivery. Or you may lose.

Once the PP dispute is completed, if you lose, go to the credit card customer service (the number in on your monthly bill) and ask about a chargeback. Have all your dates, transaction numbers, values, etc handy for the clerk.

If you don't ask, no one can say yes.

*And she may not have received it, after all.

[surplusdealdude]

If you shipped by parcel post or edpedited shipping, you might be better to file a claim with the Post Office than with the seller.

Under $100.00, they usually just send you a cheque.

I don't think your odds of winning a case are very good.

[pjcdn2005]

If you shipped by parcel post or edpedited shipping, you might be better to file a claim with the Post Office than with the seller.

If they had shipped by either of those methods they would have a delivery confirmation number. The problem is that they did not ship with a service that provided tracking or delivery confirmation.

[surplusdealdude]

Well, my solution also works for Small Parcels - there's a $100 insurance on those as well.

[pjcdn2005]

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@surplusdealdude wrote:

Well, my solution also works for Small Parcels - there's a $100 insurance on those as well.

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No there isn't insurance on small packets.  That changed earlier this year.

[i*m-still-here]

When returning items you should ALWAYS ship with tracking or insurance.

Sellers are notorious for saying items did not arrive.

Maybe not all of them, but when I first started buying I learned the hard way.  I was so trusting back then.  Now I'm jaded and suspicious as a result of experiences like yours.

Since you did not ship with insurance or tracking ........ try the following:

You must have a receipt for shipping, no?

Email a copy of the receipt to the seller.

You don't have to lie, but .you can leave the impression that the item was in fact shipped with tracking.

There should be a receipt number on the receipt as well.

Copy that and forward it to the seller.

There's a very good chance that the seller will think it's a tracking number.

I don't leave NFB or advise others to do so................ but you only have 14 to your id and NFB can be removed and so that's an option for you as well.

See it that gets the desired result.

[i*m-still-here]

Keep in mind............. as femme said:  It is possible that the item did not arrive............... Chances are very slim but you should get a feel for it if you send a copy of the receipt.

These days it's very difficult for the receiver to know for sure if an item was shipped with tracking or not, especially if you used on line shipping.

Also.............. if the seller concedes that the item arrived don't take the replacement........... go for a refund.

[surplusdealdude]

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@pjcdn2005 wrote:

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@surplusdealdude wrote:

Well, my solution also works for Small Parcels - there's a $100 insurance on those as well.

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No there isn't insurance on small packets.  That changed earlier this year.

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Well, that sux.

So glad I'm using USPS - they're adding services instead of just jacking the price up.

[marnotom!]

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@surplusdealdude wrote:

Well, that sux.

So glad I'm using USPS - they're adding services instead of just jacking the price up.

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 And where's the insurance with First Class International? 

[kewdale6105]

Hello marnotom,

Paypal said they found in my favour but I guess they didn't read my claim very well because I told them I had already shipped the item without tracking and they are telling me I must send it back with tracking or I will not receive a refund.  This is very frustrating.

In answer to your second question, my seller did send the item with tracking in the first place. 

You said I likely wouldn't prevail unless I had some evidence that the item was bound for the seller's location.  I have copies of the receipt and the shipping document addressed to her with a description of the contents.

The seller is in California and I paid by Mastercard.

Do you think the shipping document and receipt will be sufficient proof that I returned the goods.?  The shipping document  with her address on it  also has a description of the goods as follows,   "Craft Stamps - Returning U.S. Goods" .    Also, the receipt shows a destination code the same as the zip code of the seller.  Do you think this will be sufficient for my case?

[marnotom!]

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@kewdale6105 wrote:

Hello marnotom,

Paypal said they found in my favour but I guess they didn't read my claim very well because I told them I had already shipped the item without tracking and they are telling me I must send it back with tracking or I will not receive a refund.  This is very frustrating.

I hear ya.  Customer service via internet can be great because there's some sort of electronic "paper trail" with all the details of your concerns, but it's really frustrating when somebody misses or doesn't pay attention to important details.

Having said that, the rep handling your case has probably done the best they can within the limited framework with which they can deal.  You had what was viewed as a legitimate case, so you prevailed in it.  However, getting your refund is something separate from "winning" the case.

In answer to your second question, my seller did send the item with tracking in the first place. 

You said I likely wouldn't prevail unless I had some evidence that the item was bound for the seller's location.  I have copies of the receipt and the shipping document addressed to her with a description of the contents.

Do you think the shipping document and receipt will be sufficient proof that I returned the goods.?  The shipping document  with her address on it  also has a description of the goods as follows,   "Craft Stamps - Returning U.S. Goods" .    Also, the receipt shows a destination code the same as the zip code of the seller.  Do you think this will be sufficient for my case?

All I can say with any sort of certainty is that it's worth a shot.  The problem eBay/PayPal have with printed documentation of shipping and delivery as opposed to online viewable documentation is that the former can be easily faked.  Also, depending on how on the ball the rep handling your case/claim is, they may wonder why the shipping date is so far in the past. 

Hope for the best but plan for the worst.