Never recieved item, filed a dispute, now seller is threatening me with a negative.

Metal Boss

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I won and paid for an item on the 30th, i just filed a paypal dispute today and asked for a refund, and the seller has threatened me with a negative feedback if i don't close the dispute. what should i do!
 
[quote name='Metal Boss']I won and paid for an item on the 30th, i just filed a paypal dispute today and asked for a refund, and the seller has threatened me with a negative feedback if i don't close the dispute. what should i do![/quote]

Do you ever sell things on eBay? If you only buy things, a negative isn't much to worry about.

Why is the seller threatening you with a negative? Is it just because of the dispute or did they say something else? Did they offer any proof that the item was sent? The post office can be hit or miss this time of year.

Above all, just remember that if the seller really didn't send the item and you're going to get your money back, negative feedback pretty much happens to everyone sooner or later. Losing money over fear of a negative is pretty silly, especially if it's unjustified.
 
[quote name='DustBoogie']Do you ever sell things on eBay? If you only buy things, a negative isn't much to worry about.

Why is the seller threatening you with a negative? Is it just because of the dispute or did they say something else? Did they offer any proof that the item was sent? The post office can be hit or miss this time of year.

Above all, just remember that if the seller really didn't send the item and you're going to get your money back, negative feedback pretty much happens to everyone sooner or later. Losing money over fear of a negative is pretty silly, especially if it's unjustified.[/quote]


Well the item was only 5 dollars, thats why it seems like it isnt worth recieving a negative over.

I do sell items on ebay, I am much more of a seller than a buyer on ebay so I think my feedbacks pretty important. The seller hasn't provided any proof that they sent it yet.
 
[quote name='YoshiFan1']Did you contact the sellers before filing the dispute? If so, what did they say?[/quote]


i contacted them and didnt get a reply.
 
If they didn't respond, I bet they didn't use delivery confirmation # if they sent it and are afraid they will lose the dispute.

What you can do is look at their feedback and see if they have any negatives and see if in the past, they have mutally withdrawn negatives. If they have, and there is a chance you will get a negative, you could neg them back and hope they agree to withdraw it but that doesn't always work.
 
Wait, is there evidence that the package was delivered? As in a DC number? Or did he not even send it yet? And 3 weeks is kind of a long time for receiving an item anyway.
 
[quote name='Kendro']Wait, is there evidence that the package was delivered? As in a DC number? Or did he not even send it yet? And 3 weeks is kind of a long time for receiving an item anyway.[/quote]


not yet, i asked her if she had DC or if she could even confirm what date she sent it


The kicker is, if i close the dispute she can still NEG me, and then I wouldnt have the oppourtunity to reopen it.
 
I would not close the dispute. If the seller can't provide proof of shipment, you win automatically. That's the sellers own damn fault.

I would tell the seller that they need to provide proof of shipment and once the item arrives that will be the end of it. Don't let the threat of a negative affect you. Remember, if the asshole gives you a negative, you can leave one right back and then mutually withdraw.

I would also consider sending eBay an email indicating that a user has threatened you with a negative feedback for opening a dispute. I'm sure that they would think that kind of a threat is a bad thing these days. Maybe you will get your money back and get the seller suspended for a while as well.

At the minimum, I would send an email to the seller with what I have stated above. Don't let an asshole seller push you around....even over $5.

TBW

PS If you do get the item and close the dispute, don't leave a feedback unless you get one first. The reason that I mention it is this. You give a good feedback, they give you a negative for their hassle and they would have no reason to mutually withdraw. You get stuck with the neg and look like the asshole.
 
just a note: tell ebay he is using feedback as leverage. this isnt allowed by ebay rules. send a copy of the message with the feedback threat in it to ebay.
 
[quote name='thagoat']just a note: tell ebay he is using feedback as leverage. this isnt allowed by ebay rules. send a copy of the message with the feedback threat in it to ebay.[/quote]

I did, but it looks like the seller has a history of prematurely leaving negative feedback, and using these same extortion style tactics on other buyers.
 
do not close the dispute. what a dick. would you be willing to forfeit (pay) ~$5 to avoid having a neg. on your account? i dont think i would.
 
still no refund, this person is such a hag... I'll just post the transcript .


From Buyer: on 12/21/2006 14:25 PST
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I will wait until you process my refund before resolving the dispute, as per pay pals recommendation; "If the seller is going to process a refund, wait until the funds are in your account before closing the dispute."... I trust members who, at the very least, follow eBay's user agreement. You have not shown me any reason to entrust you. Not by your actions, and not by your feedback. Now you can continue to threaten me with negative feedback or irrelevant policies, but you won't persuade me to close the dispute in 'good faith', the dispute will be resolved when that $5 refund is placed into my pay pal account.
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From Seller: Tracy Ballard on 12/21/2006 13:57 PST
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I trust my customers and I appreciate it when they trust me. If you show good faith by closing the dispute I will honor my word and immediately process your refund. If you don't trust me then I guess we shouldn't be doing any business together in the first place. Regarding the transaction interference, if you persist in this course of action I will have to notify ebay so they can investigate. That's not a pleasnat experience and at the least you will get some inquiries from trust & security - I don't want to have to do that, and normally I wouldn't bother reporting a problem to ebay, but transaction interference is the one exception. I hope we can end this in a friendly manner, I'm not an ogre, I just have big problwm with filing paypal disputes instead of just resolving an issue between the 2 parties involved.
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From Buyer: on 12/21/2006 13:40 PST
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I will accept a scanned copy of the postal receipt. However, why must I close the dispute before you process the refund? Once you process the refund, the dispute will then be resolved. I also believe that what I have outlined does not fall under 'transaction interference'.
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From Seller: Tracy Ballard on 12/21/2006 13:07 PST
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I will provide a refund, either automatically by paypal if you continue the dispute, or I will refund your payment as soon as the dispute is closed. If you wait and let paypal do it, I'll leave a negative, if you close the dispute I will refund your payment without leaving a negatve. Contacting other buyers is strictly forbidden by ebay and is called transaction interference. You might want to look it up, it's one of the few things that will get you suspended on the first offense. I will be forwarding this info to ebay unless you contact me and let me know that you don't plan to do that. If you want a scanned copy of the postal receipt and will accept that as proof of mailing, I will email it to you. It will only have your zip code, the weight of the item mailed and the mailing date.
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From Buyer:eek:n 12/21/2006 12:48 PST
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I have been completely civil with you about this, and the fact that you would threaten me with a negative feedback over a dispute of a $5 refund is absolutely ridiculous. Based on your feedback, you have a history of leaving preemptive and defamatory feedback, as well as using feedback extortion tactics. If you decide to leave a negative, or decide not to respond, I will forward a log of our correspondence to the proper ebay departments, as well as escalating the claim with paypal, and returning the negative. I will also not hesitate to ask a few of your recent buyers who left negatives to open correspondence with eBay about their dealings with you as well to support my claims. If I receive the item or your refund by the time it is over then that will be the end of it. If you can provide me some proof of shipment, that will be the end of it.
 
Asking you to close the dispute before granting the refund is pure BS IMO. I'd guess she wants you to close the dispute so she can then laugh, keep your money, and tell you to shove off. It's quite simply an asinine request for her to make.

Not sure where they got the interference claim on you either, but it looks like there must be more comm. before what you pasted here. (Just based on you mentioning FB extortion in the very first message you pasted.)

"You have not shown me any reason to entrust you. Not by your actions, and not by your feedback."

That's confrontational, which I'd try to avoid as it isn't going to help you with getting the seller to coorporate.

FB extortion is against eBay's rules. But I'm not sure exactly what they'd consider extortion. (This seems pretty clear...)

Not sure why you mentioned a scanned copy of the USPS receipt? Are you saying you'll close the dispute if she produces that? Don't close the dispute for any reason until you have the money as you said in your first pasted reply.

If I had been in your shoes I would have just responded with:
I will wait until you process my refund before resolving the dispute, as per pay pals recommendation; "If the seller is going to process a refund, wait until the funds are in your account before closing the dispute."

That's it.

If she responded asking you to drop the dispute again just fire right back with:

I'm sorry but again as per pay pals recommendation; "If the seller is going to process a refund, wait until the funds are in your account before closing the dispute."
 
[quote name='wubb']

Not sure where they got the interference claim on you either, but it looks like there must be more comm. before what you pasted here. (Just based on you mentioning FB extortion in the very first message you pasted.)[/quote]

yeah that was the cutoff point, here's the rest

From Buyer: on 12/21/2006 00:48 PST
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http://pages.ebay.com/help/policies/feedback-extortion.html Threatening to leave negative or neutral feedback for another member unless the other member provides goods or services not included in the original listing is not permitted. Violations of this policy may result in a range of actions, including: Listing cancellation Limits on account privileges Account suspension Forfeit of eBay fees on cancelled listings Loss of PowerSeller status

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From Buyer: on 12/20/2006 19:50 PST
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Can you tell provide me proof that you shipped this item, like delivery confirmation? I also believe that threatening me with a negative feedback falls under 'Feedback extortion' and is against eBay's user agreement.

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From Seller: Tracy Ballard on 12/20/2006 18:15 PST
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this item was mailed. I give negative feedbacks for all paypal complaints if they are not dropped. If you wanted to discuss the problem that would have been possible, but not with a paypal complaint pending. Tracy


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From Buyer: on 12/20/2006 17:57 PST
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I won and paid for this item on Nov-30-06, still have not received it. I feel as though I've waited a reasonable amount of time for this, and I would just like to have my $5.88 back. If i do happen to receive this item sometime in the future, I would return it back to it's sender. Thank you.
 
Stay away from the USPS, I have had nothing but problems with them this year. All the packages I have sent out priority have taken way too long and when I bought something off ebay my package was laid neatly in the middle of my lawn, 50ft from my mailbox.
 
Why would you trust someone when you never received the item in the first place? Keep the dispute open and see it through to the end.
 
Did you contact them first to see if they'd refund you before filing with PayPal? You should really give the seller a chance to make things right before filing a dispute. But as you surmised already there is no need for her to insist you drop the dispute BEFORE granting the refund. Total scammer move.

"I give negative feedbacks for all paypal complaints if they are not dropped."

Hmm, I'm not sure eBay would consider that FB extortion, actually. It's hard to say they try to be as hands off as they can. But I would have made the complaint as well. Doesn't hurt.

AND think about someone that has dealt with so many PP complaints that they've established this as a policy. Speaks volumes about how they run their eBay sales.

At this point I'd say you have pissed off the seller to where she is looking to screw you (if she wasn't already...) You just have to see the dispute through to the end.

As far as the negative FB. If this was on my selling eBay account I'd forfeit $5 to avoid a neg. That might be crazy, but I would. However I don't buy stuff with my selling account. With my buying account I wouldn't give a crap.
 
yes i contacted the seller first but admittedly did not wait a very long time for the response.

I've never encountered a seller like this before
 
jeez, there are so many trashy, shady little turds on Ebay. fuck her. Let the dispute continue and neg her right back if she negs you.
 
From Seller: Tracy Ballard on 12/21/2006 15:52 PST
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that's cool, I really hope you don't drop it. I think you deserve the negative.
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From Buyer: on 12/21/2006 15:49 PST
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I just believe that withholding the refund until I close the dispute doesn't make any sense, and it is also a part of pay pals instructions not to close it until the refund is processed. I apologize if i came off as confrontational over $5, but honestly, if you have 4 negatives pending perhaps it is time to review your policy. as per pay pals policy, once the refund is put through, the complaint will be resolved and it's as simple as that. I will even be kind and leave you a positive once it's resolved.


From Seller: Tracy Ballard on 12/21/2006 15:23 PST
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since you don't want to resolve the problem, what's the use? If I send it will you agree to my terms? If not it's just a waste of my time. My holiday spirit has been ruined by you and 3 other people that wanted to be a jerk about slow mail delivery. I've already given the others their negative, now you're the only one left and I'm ready to be done with it, one way or another. I'm a man of my word, and I've given you my promise on what will happen one way or another, according to your choice. One way you will get a refund today and I won't leave a negative unless you do, the other way it will take at least 10 days and you will get a negative. If you think I'm lying, then you can test me either way. If you want me to send the scanned receipt and then end this problem, let me know. If you think I'm out to rip you off over a $5 item, then I guess it will be a good lesson for you - it's a matter of principal for me.
 
[quote name='Metal Boss']From Seller: Tracy Ballard on 12/21/2006 15:23 PST
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since you don't want to resolve the problem, what's the use? If I send it will you agree to my terms? If not it's just a waste of my time. My holiday spirit has been ruined by you and 3 other people that wanted to be a jerk about slow mail delivery. I've already given the others their negative, now you're the only one left and I'm ready to be done with it, one way or another. I'm a man of my word, and I've given you my promise on what will happen one way or another, according to your choice. One way you will get a refund today and I won't leave a negative unless you do, the other way it will take at least 10 days and you will get a negative. If you think I'm lying, then you can test me either way. If you want me to send the scanned receipt and then end this problem, let me know. If you think I'm out to rip you off over a $5 item, then I guess it will be a good lesson for you - it's a matter of principal for me.[/quote]

I guess Tracy is a man? Anyway, stick to your guns and see the dispute through. If your feedback is high enough, ie. more than 50, one negative won't hurt.
 
[quote name='encendido5']I guess Tracy is a man? [/quote]

no wonder he's so angry. I'd be angry if my parents did that to me too:bouncy:
 
[quote name='encendido5']I guess Tracy is a man? Anyway, stick to your guns and see the dispute through. If your feedback is high enough, ie. more than 50, one negative won't hurt.[/quote]


blah, looks like thats the way it will be
 
"If I send it will you agree to my terms?"

Is he admitting he hasn't sent jack yet here? Very strange. Report his ass as a non-performing seller too. fuck it. (Though little chance anything will come of it.)

Honestly he sounds like either a moron or a scammer and there is no use negotiating with either.

I see from your FB that you do sell with this account. Getting a neg over a $5 purchase isn't worth it IMO. And I'd make a new account to use for buying from here on.
 
With 81 positive already, I don't think one neg will hurt you too much. What an assclown the seller is though, where's the three negatives he said he just left for other buyers?
 
As I see it, your options are to either (1) back down to avoid a neg and hope he is a man of his word or (2) stick to your guns and see the dispute through to make sure you get your refund. But also get a neg in the balance.

I'd go with 1 given that it's a small dollar amount, but I'm sure many would go with 2. I just think having 100% FB on your selling account is a very nice plus. A neg would put you below 99%.
 
I really wouldn't want to take the negative since I looked and I don't see any mutually withdrawn feedback. 1 negative won't hurt but the feedback % will be under 99% at this point with 1 negative. I mean most people are undestanding that it is nearly impossible to have an 100% rating given the amount of jerks on EBay, but why get the negative over a few dollars.
 
OP:

I think your feedback is good enough to where a neg from this jerk will not hurt you at all.

The best thing for you to do is just stop communicating with this guy(?) and let the dispute run its course. He obviously can't be trusted, and I wouldn't make any sort of "deal" with him whatsoever.

It really seems likely that he's gonna neg you no matter what you do, so you might as well make the process as painful on him as possible.
 
[quote name='toper']OP:

I think your feedback is good enough to where a neg from this jerk will not hurt you at all.

The best thing for you to do is just stop communicating with this guy(?) and let the dispute run its course. He obviously can't be trusted, and I wouldn't make any sort of "deal" with him whatsoever.

It really seems likely that he's gonna neg you no matter what you do, so you might as well make the process as painful on him as possible.[/quote]


i think the dispute process runs for 20 days and then by then I need to upgrade it to a 'claim', I am admittedly still conflicted as to what i should do. thanks for the suggestions
 
If you end up taking the negative, make sure your response to it is calm, and factual. Don't respond to it in Caps lock or anything, just be calm. Goodluck, i'm pretty sick of some buyers on eBay myself, they don't understand it's Christmas, and i need cash i don't have patience anymore for fools who use Buy it Now, and don't pay. eBay really sucks how they don't refund the listing fees either, wtf is that!?

Anyways Goodluck with this looser, deff not buying from him.
 
Yeah that is correct, if you do not escalate the dispute and say you want to stop communication with the seller within 20 days, the dispute will close and the buyer loses automatically.

I gave a seller I think 18 days out of the 20 (and did not get a response) until I escalated the dispute. I think it then took about 3 or 4 days before Paypal said I won the dispute (but could not recover any funds from the seller)
 
What an awful seller. I think that I would probably just cut my losses, drop the dispute, hope for a refund and forget about it. Especially since it was only $5.
$5 just isn't worth the negative feedback or the hassle to me.
 
Wow another powerseller trying abusing the system, how typical.

I'd leave the claim open until he actually ships the item, I doubt he'll leave you a negative because one from you will have an effect on anyone looking at his feedback in upcomming auctions.
 
Well, I got a reply from ebay about it, they just gave me a list of the basic stuff that I already read in the help page. I sent back an email telling them that I had already gone over all of that and, i gave them an entire transcript of the dialogue.

I also asked ebays forums about it. the members there were pretty helpful and they told me to not drop the dispute, and that the seller more than deserves a negative for it. But the thread was deleted because i put a link to the sellers feedback up there :roll:
 
yeah, I am still trying to reason with him but he's made up his mind that he's a dick head and would rather try fucking with me than settling this petty dispute. I've already got my negative feedback typed up but that's a good idea, haha, I'm hoping any buyers who read his feedback to me will be able to see through it.
 
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