Fraudulent activity on ebay

[Rosyk]

I bought a phone on ebay using the buy it now function and waited for the phone to arrive which was supposedly by recorded delivery. Nothing arrived so I emailed the seller twice but got no reply. I opened a case with ebay and eventually got a message from the seller saying they had sold the phone to a friend and ebay had still accepted my payment even though she had ended the transaction early. OK I hadn't heard of this happening before but I asked her to refund my money. I got no response and no refund. After the 3 days that the seller is supposed to respond by I got a message saying the money was being refunded and ebay are dealing with it. Still no refund appeared in my paypal account. I contacted ebay through their live chat and got the response that maybe the seller meant to say the refund was being processed and I now have to wait another10 days before the case can be escalated further.

The problem is if the seller no longer had the phone why didn't she refuse my paypal payment and just reverse it? Is this classed as fraud or theft? I could do with some advice please as I don't want the ebay case just to be closed even though I probably won't see my £96.00 again.

[rebel11]

Hi Ros

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[Naxxas]

raise a dispute with Paypal, you will get your money back no problems, they always find in favour of the buyer in these circumstances, dont worry it will be over quickly.

[Rosyk]

I have tried to do this but the dispute case is open with ebay and I can't open the same case with paypal I will wait for the extra 10 days and escalate the case and then see what happens.

Thanks.

[Kyttens]

Should be a fairly easy case to resolve, at least on the monetary side of things; you have the emails stating that she took your money but sold to someone else, no proof of posting/ receipt if she turns 'round and changes her story etc etc.

 

Where it could get 'fun', if you want to go down this path, is breach of contract side of things- you offered money for an item, she accepted and took payment, thus sealing the contract.

 

End of the day, fleabay n paypal will find in your favour- just a bit of an ar5e having to drag it out so long.

 

Ttfn,

 

Kyt

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.