At What Point Would You Open A Case Against a Seller?

[northstar3184]

At what point would you open a case against a seller?

I bought an item via Buy It Now on February 6th and paid immediately. The same day, Ebay showed a tracking #, but no tracking status. Instead, I get this message:

"The seller has provided a tracking number. The tracking status will be updated once the shipment reaches the carrier."

When I noticed there was no change in this status, and that the listing had been removed, I sent the seller the following message on February 11th:

"I'm writing to inquire about my order. I see the listing was cancelled for this item. I also see there is a tracking # but no tracking status. Has the item been shipped or is the payment for the item, which has already been deducted from my account, being refunded?"

He sent the following response the same day:
"ill ship tomorrow or next monday early, you will receive your item next week."

Now I realize Monday was a holiday, but now it's Tuesday evening and the USPS tracking still shows the same message. It's been 10 days since I've paid and the estimated delivery date provided by Ebay was Saturday. How long should I wait before opening a case?

[ponylady]

I would send the seller another message and state if you do not see an update with your tracking, you will be forced to file a claim. If you do not feel like sending a message I believe you are well within your right to open a claim regardless though. So it is up to you on how you want to proceed. 10 days it quite a bit of time to be waiting 

[bluerose9978]

Definitely wait a little longer. You're covered under eBay and you can always leave negative or neutral feedback. I always give a couple weeks. Some people can't make it to the post office because of the weather. The East and South are getting hit pretty hard lately with crazy weather.

[northstar3184]

Definitely wait a little longer. You're covered under eBay and you can always leave negative or neutral feedback. I always give a couple weeks. Some people can't make it to the post office because of the weather. The East and South are getting hit pretty hard lately with crazy weather.

This is where it gets a little sticky though. I don't know that I am. Apparently Ebay pulled the listing because it violated their policies. There's no explanation given just this:

"We had to remove this listing from the site and you're not required to complete the transaction. If you've already sent payment, the sale should process as normal and you don't have anything to worry about. If you have any questions about delivery, please check tracking or contact your seller. If you run into any trouble along the way eBay is here to help. Please visit the Resolution Center to help resolve any problems you may encounter."

The product is a flea preventive, Comfortis. I wondered if maybe there was some sort of issue like maybe I was wrong about it being OTC, but since it can be bought through 1800petmeds that wouldn't make sense. It's just odd that the listing was pulled without explanation. Also, the option for leaving feedback was removed when the listing was.

[lunar_scythe]

I would send a polite but firm response to the seller, something like "thanks for updating me!  I'll expect it by(date, maybe next monday?) then."  this lets them know you'll be waiting for it, gives them a specific date to get it to you by, but still keeps them from getting upset and not mailing it just because they can, haha!

I got a message like that about a week after I'd received and left feedback for something one time, but I don't know.

[bluerose9978]

It says you can visit the resolution center to help resolve any problems you encounter, so that means eBay still has you covered in case you need to open a case. Maybe there have been problems with that seller which is why they removed the listing. Did you check to see if they have anything else listed?

[northstar3184]

It says you can visit the resolution center to help resolve any problems you encounter, so that means eBay still has you covered in case you need to open a case. Maybe there have been problems with that seller which is why they removed the listing. Did you check to see if they have anything else listed?

All listings they had for Comfortis have been pulled. They had different products for different cat/dog weights. The only items they still have listed are those that are things like furniture.

[bluerose9978]

Honestly, there is a good chance they may not send the item since all of the related items have been pulled. It actually might be a good idea to file a case if you don't have your item by tomorrow.

[LadyMoondancer]

Edit:   I just looked up that product and I've seen a lot of people reporting their cat getting sick or even dying after feeding them the flea medication.

This is the place I was looking at reviews:

http://www.productreview.com.au/p/comfortis.html

I know there are positive reviews as well, but I would not be comfortable with that percentage of negative reviews on a pet medication, personally.

Anyway, this might have something to do with eBay pulling the product.

[northstar3184]

Anyway, this might have something to do with eBay pulling the product.

Good point, LadyMoondancer. I opened a request for a refund. There are just too many red flags surrounding this transaction: I pay immediately, then the listing gets deleted and 10 days later I'm sitting without the money and with the seller admitting they haven't shipped the item. And despite his assurance that he would ship Sat. or Mon. (I figured he meant Sat. or Tue.), the item still has not shipped and the seller's only communication with me was when I sent him the above inquiry last Thursday. Something seems off and I'm really wondering about the listings getting pulled.

I feel kind of bad because I've never opened a claim, despite 200+ transactions, but I have a bad feeling with this transaction.

[northstar3184]

Just an update on this:

The seller responded to the claim saying: "item in transit, let me check the update with usps."

Now 36 hours after that response the item's tracking still says the same thing as it did 12 days ago: "The seller has provided a tracking number. The tracking status will be updated once the shipment reaches the carrier."

With the claim, there's a message that says "Your action is required." When I click "Take Action", it gives me two options: "Send a Message to Seller" or "Close this Request"

At this point, should I just do nothing and just wait?

[bluerose9978]

I think your only two options really are to wait or to get eBay  customer service on the phone and ask them.

[Tak]

If eBay won't handle it you have 180 days with PayPal to open a dispute.

[Ringlets]

I'd phone ebay and explain the situation.  I think if they removed the listing it probably is due to the reason ladymoondancer posted - the item is risky - aside from the delay in posting from the seller. they may be able to advise you better on what to do. The case is stuck because the seller has now posted the item and there is tracking to prove it (which means that you cant escalate the case for an item not received, the seller is protected)- that's why you can only close it or talk to the seller at this point

[northstar3184]

Just an update on this: The tracking now shows the seller has mailed the item. It shows it was accepted by the carrier the day after the seller responded to my claim saying the item was already in transit.