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Old 09-30-2012, 11:57 PM
 
Location: Michaux State Forest
1,276 posts, read 3,032,850 times
Reputation: 1427

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I hope you all can offer me some advice. I have been a buyer on Ebay for 8 months, have never had a problem, have excellent feedback, and have met some great folks. Last week I bought a necklace om a buy it now listing. I didn't realize until after I agreed to buy it that the seller did not take returns . So, I messaged the seller explaining that I made an honest mistske, I have had a stroke and had some vision issues and really did not see the no return policy. I ecplained that for me to spend suvh a large amount on an item that is very difficilt to judge over a computer screen, that I must have a seller who takes returns, I was terribly sorry but could the purchase be cancelled. I asked her to look at my feedback and sales and she could see I was an honest buyer, not prone to problems or non-payment.
Well, I got back the most accusitory, vicious message I've ever seen. How I had wasted her time and she would report me because I had agreed to buy and this was a legally binding contract. Because I am honest and realize it is a contract and I didn't want trouble, I did buy the item and even sent a message saying I was sorry and felt we just got off on the wrong foot and just asked her to please update me soon that she got the payment and that we were okay and I asked for tracking info.
Well, I had now paid all this money and now 2 days have passed and no reply, message, or tracking. I get very worried and contact a friend who is a fine jewelry seller on Ebay since '98. She tells me that 2 days with no notification after I payed all that money to someone who was already abusive , that I should take action and call PayPal and open a dispute which I knew nothing about but did then open. Well, the seller now was very quick to respond with more vicious messages, this time on my private email. These messages were NASTY full of character assaults, accusations, and threats of legal action because the seller is "an advanced licensed paralegal who graduated with honors, had connections to ppl in my state, and was coming here to sue me. She told me I had ruined her business because Paypal had put a hold on the money I had payed, and that I had to immediately close the case because she was sending the tracking info. Initially I agreed to close the case after I received the tracking, however when I called Paypal they advised me to not close the case until I got the package and could inspect the item. I then sent the seller an email explaining what Paypal afvised me to do. The seller FREAKED OUT and sent me SEVERAL messages exploding with more anger accusing me of fraud and saying I had planned this ALL ALONG! She then escallated the Paypal case.
So, my question is how should I handle this? I did call Paypal again and they told me I could/should refuse to accept the package, send it back return to sender, then she would have her necklace back and they would give me a refund and close the case. No fraud if she gets her property and I get my money. But, I am still worried about her legal threats PLUS I have now heard that maybe I should not refuse the package, it would make matters worse. Do I have to accept the package? I do NOT want ANYTHING from this woman, including now this necklace. Can she sue me, for what? Thank you all for listening to me. I am worried as I have never had anything like this happen before.

Last edited by lilred0005; 10-01-2012 at 12:02 AM.. Reason: typos
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Old 10-01-2012, 02:34 AM
 
Location: Talmadge, San Diego, CA
13,494 posts, read 25,891,385 times
Reputation: 8245
You need to contact eBay about the messages that the seller is sending to you. That violates their terms of service.
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Old 10-01-2012, 07:15 AM
 
Location: Michaux State Forest
1,276 posts, read 3,032,850 times
Reputation: 1427
I did contact Ebay. I am worried about what to do with the package. Do I have to accept the package? Can she sue me even though I certainly commited no fraud? I am just confused. My dear friend who has been selling expensive jewelry since the 90's on Ebay, told me that I don't have anything to worry about and that a buyer never has to accept a package, you can't be forced to take it. I am just worried though that by refusing it I may be jepordizing my Paypal case. What a mess. From now on I am only buying jewelry from the two sellers I know and NO ONE ELSE!

Last edited by lilred0005; 10-01-2012 at 07:16 AM.. Reason: typo
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Old 10-01-2012, 07:20 AM
 
19 posts, read 40,191 times
Reputation: 13
Default Don't Accept & Good Luck.....Don't Worry!!!

I wouldn't accept the package and just get your money back from ebay. Wouldn't be surprised if she didn't even send the package but said she did to get back at you. Either way you wll get you rmoney back so dn't sweat it. But if it were me, I would accept the package.
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Old 10-01-2012, 07:21 AM
 
19 posts, read 40,191 times
Reputation: 13
Default Typo

I meant to say if it were me I WOULDN'T ACCEPT IT!!!!!!!!!
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Old 10-01-2012, 11:15 AM
 
Location: Chicago
3,142 posts, read 5,426,427 times
Reputation: 3685
When the seller sends you the necklace, make sure you mail it back via certified mail. Keep a hold on the paypal account and DO NOT CLOSE THE CASE since her threats and the lack of communication has SCAM written all over it.

Since the mail is certified, you know she will get it back. The whole threat of her suing you over a necklace that the seller STILL has in their possession is laughable. The most costs she could try and recover are the shipping costs, but even that might not hold in court since it would fall under general business expenditures. Not to mention a lawyer and the process would be more costly than the shipping anyway. You will likely get a mark of negative feedback, but you can happily give negative feedback right back explaining her abusive emails.
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Old 10-01-2012, 11:20 AM
 
Location: Southern NC
1,921 posts, read 4,398,147 times
Reputation: 2525
Just for future reference, the seller couldn't sue you or do anything else to you for that matter, for cancelling the transaction.
It was an honest mistake on your part, and ebay wouldn't do anything to you either.
Next time don't allow anyone to bully you into buying something you really don't want.
I wouldn't take the package and you should contact ebay for your refund.
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Old 10-01-2012, 11:24 AM
 
Location: On Earth
399 posts, read 613,205 times
Reputation: 594
Agree with the posters here. Don't accept the package. The bully is probably using lame threats anyway. I would report it like mentioned and forget about it. Get your money back. That would be my only concern.

Best to you. JMHO
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Old 10-01-2012, 01:22 PM
 
Location: Talmadge, San Diego, CA
13,494 posts, read 25,891,385 times
Reputation: 8245
Accept it, and send it back certified mail like Chi.Guy2.5 says. That way, you will have received it, and when you return it, you'll have proof of delivery for PayPal. DO NOT close your PayPal dispute, because that's what the seller wants. The money will be refunded to you via PayPal from the seller's account.
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Old 10-01-2012, 01:37 PM
 
53,489 posts, read 42,889,807 times
Reputation: 33505
Quote:
Originally Posted by lilred0005 View Post
I did contact Ebay. I am worried about what to do with the package. Do I have to accept the package? Can she sue me even though I certainly commited no fraud? I am just confused. My dear friend who has been selling expensive jewelry since the 90's on Ebay, told me that I don't have anything to worry about and that a buyer never has to accept a package, you can't be forced to take it. I am just worried though that by refusing it I may be jepordizing my Paypal case. What a mess. From now on I am only buying jewelry from the two sellers I know and NO ONE ELSE!
Um, out of curiosity what is the sellers ebay rating?

I have a hard time believing someone with a solid rating and lots of transactions would act that way and never...never....never buy from someone with a bad or limited history.
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