problem with a seller on Ebay ( kaoru_deg )

[Naraya]

I'm having problems with a seller again and maybe you can give me some advice?
 
I bought a G1 baby on Ebay at the beginning of march, paid the day the auction ended (via Paypal) and didn't hear anything for about two weeks. Then I got a message from the seller's brother (so he said!) that his sister had an accident and was in hospital. He would look after her auctions now and would send me the pony.
 
Of course I was okay with that and was understanding. Family comes first, I said, and told him to take his time, but please mark the item as shipped when he had shipped. He did so on March 19th. Ever since I had no communication and I haven't received the pony.
 
A few days before the Paypal deadline ran out I send him a message asking for my item and when he didn't reply after some days I opened a case. The seller didn't respond again and just before his deadline was up, I received a nasty message. He or she, I don't know if it's the real seller or her brother, stated that he/she had sent me dozens of messages stating that the pony had been returned to him/her twice and that he/she is not willing to ship again.
 
I have never received a message from this seller! There is none in my Ebay inbox and there was none in my Paypal address mailbox. So he/she must be lying about that. Can I prove this to Ebay? Can they at least check my Ebay inbox?
 
I requested tracked shipping, so he/she must be able to provide a tracking number to prove the story, right? I also checked my address provided on Ebay and on Paypal, they're both correct. So I haven't done anything wrong, have I?
 
Do you think Ebay will side with me? What will happen if he/she put the wrong address on the package? That's not my fault, is it? I wouldn't have to pay the extra shipping, would I? And what can I do if Ebay sides with the seller? Am I allowed to leave a negative or a neutral then or is this against the Ebay rules?
 
Thanks in advance for your help!
 
(edited to add the ebayer's ID to the title ~ XX Ringlets )

[zora]

ebay AND paypal will not be on the side of the seller if he has no prove for his shipments, i had such a case too and i won because the seller had no prove of shipment. and if he had put the wrong address on the package and you had the right one in your paypal and ebay accounts its also his fault.

[NoDivision]

Yup, ebay can see all of your communications, so they will be able to see that they never sent you any messages. You'll be a clear winner in this case, so just ride it out and let ebay/paypal settle the dispute.

[ponylady]

I can't agree more with what the others have said.
 
If you have double checked your addresse's and they are correct, then the blame lies in the hands of the seller that she screwed them up. 
 
But I have to wonder why she did not refund your money if the pony came back to her and she could not get ahold of you.      It seems a little dishonest to me. 
 
I wouldn't sweat it though ebay will most likely side with you on it.  She is going to have to show proof of shipment and they will look into the emails if there are any?  So the odds are most definitely in your favor.  But whatever you do, do not close the case or pay any extra shipping.   

[Naraya]

Thank you for all the advice! I'm quite relieved now and I hope Ebay will sort this out.

[Ringlets]

so many people on ebay seem to think its ok to send nasty messages these days *sigh*  How odd that the last (nasty) message got through, but the other ones your seller supposedly sent didnt?!
*hugs*   I'm sure ebay will side in your favour and sort this out. It all sounds a bit dodgy to me! ebay can (and will) check the persons messages to you and from you to them. You can also leave appropriate feedback    

[Stuntmang]

eBay and Paypal in general are EXTREMELY scummy and will side with the buyer 99% of the time no matter what other factors come into play. I wouldn't worry too much about getting your refund, it will happen if you nag them enough.

[Naraya]

I'm waiting on a reply from the seller at the moment. She takes her time...I really don't understand how you can sit around and do nothing when there's a case open on one of your auctions.

Oh, and I have another question: The Ebay page of the open case says that it will close automatically on May 11th. What happens if the seller doesn't reply until then?

[ponylady]

It will close in your favor if she does not respond
 
 

[Naraya]

Well, then I'm ok with her not answering. Thanks!

[Naraya]

Yay, I got my refund! Ebay decided in my favour! So, can I still leave a negative for the seller? Or is this against the Ebay policies?

[RockinPrettyBeats]

Yes, LEAVE A NEGATIVE!!!!

[Sternenstaub]

Yes you can and you should do it!
 
Anybody make faults and it can also happen that a package came back to the sender for any reason - but 2 times ?? I think that sounds a but unreal.
And when the seller really has a proof of shipping with trackingnumber he had also add it to paypal when you opebend the claim.
 
But at least you got your money back from paypal/ebay.

[babystarz]

Yes please do leave a negative! Other buyers really want to know about this kind of thing before buying from a seller.

[ponylady]

I am glad to hear the case is closed and you have your money back.
 
I would usually favor towards the neutral or even a positive in this type of situation if she had handled it professionally.  But she didn't!  She put the blame on you and refused to reship the item.  And further more she didn't even try to fight the case, when all she would have had to do is show some kind of proof she it least tried to ship the item.  Which leads me to believe she didn't ship it at all.  So to sum it up I would definitely lean towards the negative.