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How long do I have before I need to file a claim?

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Aug 7, 2012, 2:35pm   #1
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Thread Starter
Morisa
Member
Background: Purchased bag from Seller who had a 14-day return policy at the end of July. After receiving the bag, Seller and I agreed that I would return the bag due to certain inaccuracies in the photos listed online. I shipped the bag back to the seller with tracking; tracking shows that the bag was left on the seller's front door on Friday 8/3. (The bag was under $250 so I did not get signature confirmation).

During our message exchange, Seller had indicated that she was going to be away until August 20th, but there was no way that I could wait that long to send the bag back because I'd be outside the 14-day return window. Seller also did not indicate that I should wait to send the bag back.

I messaged Seller on Monday asking her to confirm that she had received the returned bag and asked her to let me know how long it would take to process my refund, but I have yet to hear back.

I don't want to jump the gun on this, but I want to make sure I'm fully aware of how long I have to file a claim with eBay if the seller is non-responsive, especially since I'm out both the bag and the money right now. Does the 45-day rule still apply? If so, what type of claim would I be filing?

Thanks in advance for everyone's expertise on eBay issues.
Aug 7, 2012, 2:48pm   #2
IrisCole's Avatar
IrisCole
Member
The 45 day rule does still apply, so technically you'd still be covered even if you waited until the 20th, BUT it's not really your fault that the seller won't be there to get your return. If you don't hear anything back or receive your refund by the end of the week, I'd send another message on Friday (even if she's not home, perhaps someone looking in on her house could confirm that the package was there??), and then perhaps give her through the weekend before filing a claim. UNLESS you do feel okay / are able to wait until the 20th.

If you have to file a claim, you should file SNAD and upload the tracking information that indicates that the seller has received the item back.
Aug 7, 2012, 4:39pm   #3
h
hotshot
Member
^agree...
Aug 8, 2012, 4:49am   #4
tutushopper's Avatar
tutushopper
♥ Lambskin Lover ♥
^^ditto
Aug 8, 2012, 12:07pm   #5
M
Thread Starter
Morisa
Member
Great thanks everyone! Still no word from the seller but I'll give her until the end of the week to respond to my email message before deciding what to do next.
Aug 8, 2012, 2:38pm   #6
unoma's Avatar
unoma
I wish i was rich :)
Seller stated they will be travelling on 20th and today is 8th.
12days before 20th.
5days ago, seller received the return / have your money and still NO words.
To be honest, you are being patient. I would have opened a dispute longgggggggggggggg time.
I hate it when sellers thinks they have the power to withhold refunds.
Anyway, good luck OP with your decision.
Aug 10, 2012, 1:51pm   #7
M
Thread Starter
Morisa
Member
No response from Seller, so I messaged her again today. We'll see if I hear back.

I really don't want to have to go through the eBay dispute process if that can be avoided, just because the seller was so quick to respond to offer a refund when I first messaged her about the photo discrepancies.

Does the 45-day rule start ticking from when the auction ended, or when you received the item?
Aug 10, 2012, 4:11pm   #8
Lee's Avatar
Lee
TPF Moderator
Originally Posted by Morisa
No response from Seller, so I messaged her again today. We'll see if I hear back.

I really don't want to have to go through the eBay dispute process if that can be avoided, just because the seller was so quick to respond to offer a refund when I first messaged her about the photo discrepancies.

Does the 45-day rule start ticking from when the auction ended, or when you received the item?
Starts from the day you pay seller.
Aug 11, 2012, 3:28am   #9
pdxmatts's Avatar
pdxmatts
Member
Originally Posted by Morisa
No response from Seller, so I messaged her again today. We'll see if I hear back.

I really don't want to have to go through the eBay dispute process if that can be avoided, just because the seller was so quick to respond to offer a refund when I first messaged her about the photo discrepancies.

Does the 45-day rule start ticking from when the auction ended, or when you received the item?
File the claim as item not as described and I would do it now. Explain that the buyer agreed to refund and that you mailed the item back and give the tracking number and now no response from seller. It is the work out phase and will get the seller to respond. If they don't reply within the time frame allowed, then escalate it. I wouldn't wait any longer.
Aug 11, 2012, 7:33am   #10
M
Thread Starter
Morisa
Member
Originally Posted by pdxmatts
File the claim as item not as described and I would do it now. Explain that the buyer agreed to refund and that you mailed the item back and give the tracking number and now no response from seller. It is the work out phase and will get the seller to respond. If they don't reply within the time frame allowed, then escalate it. I wouldn't wait any longer.
My only hesitation with filing a claim now is that seller had said in a message that she was away until Aug. 20th. I checked her listings; everything is BIN and there aren't any active auctions going on. Looks like the last item she sold was on 8/1, the day she messaged me and said she was going to be away.

Is there any harm in waiting until 8/20 for the seller to respond? I guess I'm kinda concerned because the bag has been in her possession since 8/3; would waiting 17 days to file a claim after the bag had been returned look weird to ebay?
Aug 11, 2012, 4:41pm   #11
pdxmatts's Avatar
pdxmatts
Member
Originally Posted by Morisa
My only hesitation with filing a claim now is that seller had said in a message that she was away until Aug. 20th. I checked her listings; everything is BIN and there aren't any active auctions going on. Looks like the last item she sold was on 8/1, the day she messaged me and said she was going to be away.

Is there any harm in waiting until 8/20 for the seller to respond? I guess I'm kinda concerned because the bag has been in her possession since 8/3; would waiting 17 days to file a claim after the bag had been returned look weird to ebay?
No, that's why you are filing the claim. Because it has been 17 days without a refund. Remember that you go through a work out phase first. It may all get settled without esculating it. It is just a push to get her to respond.
Aug 20, 2012, 2:17pm   #12
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Thread Starter
Morisa
Member
Question - if I open a dispute on eBay, does that show up on the seller's profile? (e.g., number of cases opened/closed against them)? I looked but did not see that info anywhere, but wanted to confirm.
Aug 20, 2012, 3:21pm   #13
uadjit's Avatar
uadjit
Pirinja
No. That information is only visible to the seller and eBay.
Aug 20, 2012, 5:33pm   #14
M
Thread Starter
Morisa
Member
Originally Posted by uadjit
No. That information is only visible to the seller and eBay.
Thanks. Giving the seller until wednesday to respond before filing a claim. I already re-messaged her again this morning. Grr.
Aug 22, 2012, 9:43pm   #15
M
Thread Starter
Morisa
Member
??? So seller never responded to my messages, so I opened a case today (had to file it as a SNAD). Less than an hour later, I get a message from eBay stating that seller has escalated the case, but it doesn't seem like seller has responded with any sort of message? What gives?
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