Update: Need suggestions; New Seller on MLPTP to watch out for

[Unicorn_pops]

So I purchased a bunch of Breezies from Thor_Odinson on MLPTP Site on 4/28/13. She didn't know the names of the ponies that she had for sale so I sent the pictures/names of them copied and pasted from her Photobucket account. Well everyone knows that Photobucket freezes up a lot of the times so I had to send two different PMs with pictures of ponies that I wanted. I even summed them all up for her in the last PM of who I wanted. We agreed on the price and I sent payment and included what I was paying for in the "Notes" section on Paypal (Which I always do)
Well when the package arrives I notice a few missing that I really wanted. I checked the paypal transaction to find out who was missing and sure enough several were. I sent her a PM to let her know and for days heard nothing back. I emailed her a couple times through her personal site and still nothing. She is a newer member there so I posted in the Trader support forum and a Mod got involved. Well I finally got a PM from her about 5 days ago basically telling me she didn't mess up and had others to check them before they were sent out but would look over them. She forwarded the PM to me but only the first PM of pictures and said that is what we agreed on and she wasn't going by the paypal note...but there are still three missing from that PM. And the funny thing is, I wanted a G3 baby pony that I posted a picture of in the second PM that did get sent to me...odd since she is stating only the first PM counted. 
Still according to her over which ones was suppose to be included, I'm missing Pink petals, Tra la la, and Knick Knack. I didn't receive any extra that wasn't suppose to arrive. And I know I sent Willow Wasp's picture in the second PM because Photobucket frozze up and I had to give it awhile before sending that second PM. So I asked her when she found she didn't ship those three, could she swap out Tra la la and Knick Knack and send Willoww Wasp and Pink Petals instead. I sent that message on 5/29/13 (about 30 minutes after finally hearing from her) I still have yet to get a reply about her checking the breezies that didn't get sent. She was last on the site 5/31/13. So now she is just ignoring my PMs.
I'm really close to the 45 day limit and I feel she is just putting me off until then. So am I wrong to open a case say by Friday if no reply? I really want the two ponies over the money but guess I'll ask for a partial refund for the original three not sent to me.

Sorry for rampling but wanted to warn others

Edit 6/5/13: Went ahead and opened a case with paypal. There was a section to select quantity missing and how much I wanted as a refund. Lets see what happens now.

Edit 6/5/13: Well shortly after PP claim, got a PM from her and she didn't know how she missed seeing those pictures of the missing breezies. So she is shipping them. Sould I keep the Claim open until I receive them?
 

[Saoirse]

I think what'll happen if you open a dispute is you'll.have to open an 'item not recieved' dispute, meaning that you'll have to return the ponies you did get, at your own expense, and when she gets them paypal will refund you. Unless she agrees to a partial refund paypal wont force one..

Good luck with it, it sounds like a pain to be dealing with

[lovesbabysquirmy]

Yep, if she didn't include all the items, this falls under "Not as Described" - you have to return all of what you received from her in the condition you received it (so no Salon Time!), with proof of delivery to get a refund.  Minus your return shipping, that's out of pocket for you.    Sorry you are dealing with this...

Thank you for warning us though!

[Thunderwing]

Just save yourself the hassle of having to return them, and file an Item Not Received for the full amount. Unless she sent them with tracking, she can't prove you got them. Paypal will VERY LIKELY (not absolute, depends on the person) not consider any messages sent through a PM system, since those can be faked. And any 'she said she said' is hearsay and they likely won't consider that either.

Once you get your money back, in full, you can then resend a partial payment.

[Saoirse]

Im not being bad..but that seems like a bit of a low blow :/ Its not something I'd be happy to do and sleep at night..

I knew I recognised the name, I pm'ed her before about a few ponies, her prices were too high though

Just save yourself the hassle of having to return them, and file an Item Not Received for the full amount. Unless she sent them with tracking, she can't prove you got them. Paypal will VERY LIKELY (not absolute, depends on the person) not consider any messages sent through a PM system, since those can be faked. And any 'she said she said' is hearsay and they likely won't consider that either.

Once you get your money back, in full, you can then resend a partial payment.

[Ringlets]

Thanks for the heads up about this seller
Thats a toughie situation   On the one hand she has messed you about enough and deserves a case being opened on her, but on the other hand, its true that you'll more than likely have to send all the ponies back (and pay the return shipping at your own expense)for a full refund. I guess what you decide to do depends on whether you think the ponies you have are worth keeping for the price you paid (and leave some well deserved less than positive feedback) , or if it would still be worth it to send them all back since you really wanted the missing ones and get your refund (and still leave appropriate feedback). I dont think this person is going to give you a partial - especially since she is no longer trying to work things out with you.

[NovelNerd]

Im not being bad..but that seems like a bit of a low blow :/ Its not something I'd be happy to do and sleep at night..

I knew I recognised the name, I pm'ed her before about a few ponies, her prices were too high though

Just save yourself the hassle of having to return them, and file an Item Not Received for the full amount. Unless she sent them with tracking, she can't prove you got them. Paypal will VERY LIKELY (not absolute, depends on the person) not consider any messages sent through a PM system, since those can be faked. And any 'she said she said' is hearsay and they likely won't consider that either.

Once you get your money back, in full, you can then resend a partial payment.

I agree I would be uncomfortable doing such a thing and stuff like that is why I make all my buyers pay for priority, insurance and signature confirmation. I wouldn't want anyone doing something like that to me. 

[Shiromisa]

Ugh, that's rough. It's also sort of unfair that Paypal makes you ship it back at your own expense--it was the seller's mistake, so why should you have to pay for it?

[mercynova]

Eek, sounds like a right mess! I can't offer any other advice but good luck!

[Unicorn_pops]

Since I opened the Paypal claim, she contacted me and finally Seen the pictures of the missing breezies. Has them and will ship them. So advice: Do I keep the claim open until I actually receive them? Because isn't it, if I close it, I can't reopen?

[Shiromisa]

I would definitely keep it open til I had them in hand and made sure she didn't "forget" some.

[ponylady]

Do not close the case until you receive the rest of your ponies. Because you are correct that once the case is closed it can not be reopened. Just explain to her that you will close it as soon as they arrive and explain that is to protect yourself.

[Unicorn_pops]

Thanks! I thought that was the way Paypal worked.

I would definitely keep it open til I had them in hand and made sure she didn't "forget" some.

Good Point!