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Old Apr 28th, 2008, 04:43 PM   #1
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Location: NYC
Default Seller pretending she didn't sell to me!

I bought a brand new Cynthia Vincent dress for $12 on eBay. The seller's listing said she would only ship to the USA, but I emailed her and she said she would ship to Canada. She wasn't sure of the shipping cost, but said she would find out, if I won the auction, if it was more than the $10 flat shipping listed on the ebay auction.

I won the dress fair and square in the last minute of the auction. I immediately sent an invoice request, and said she could invoice me the proper shipping amount for Canada.

A couple of days passed, and finally she wrote back saying
"Hi honey, I took the item off the auction because I am unable to sell it for that amount. I will let you know when I put it back up. Thank you for understanding"

Of course, I wrote her back saying that we had a binding contract and she had to fulfill it. I paid over Paypal and just added in $10 shipping as listed in the auction, letting her know to email me if shipping was in fact a little bit more (which it shouldn't be since I am familiar with US- Canadian shipping rates). The payment is listed in my Paypal account as being "unclaimed". I wanted to pay to ensure my part of the bargain is fulfilled. I'd rather tie up $22 of mine in an eBay dispute than lose this awesome dress.

So what do I do now? Start a dispute if I don't hear back from her by tomorrow? Any advice would be appreciated. I've been buying on eBay for 5 years and haven't had a problem yet. Thanks!

EDIT: I hope I'm allowed to post about a non-bag related purchase here. I just don't know who else I can ask for advice!

Last edited by ellewoods; Apr 28th, 2008 at 04:47 PM.
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Old Apr 28th, 2008, 05:10 PM   #2
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Default Re: Seller pretending she didn't sell to me!

yeah you can file a dispute...i think they call it non performing seller...i dont remember the mechanics of that but someone here might be able to fill in the details

and anything eBay related is welcome :) so dont worry :)
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Old Apr 28th, 2008, 05:15 PM   #3
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Default Re: Seller pretending she didn't sell to me!

I agree, she is obliged to sell even if she is not happy with the price she sold it for. She is breaching the seller performance policy and I would report it to eBay
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Old Apr 28th, 2008, 05:41 PM   #4
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Default Re: Seller pretending she didn't sell to me!

Yup...you can file a nonperforming seller, but it's really just like a strike. I think it takes 3 NPS strikes to risk suspension. Unfortunately, you probably won't get the dress as they can't force her to ship. She can always claim that the item was lost or damaged before shipping. I totally sympathize, I know what it's like when you have your heart set on a great score like that!
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Old Apr 28th, 2008, 05:44 PM   #5
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Default Re: Seller pretending she didn't sell to me!

i would write her a nasty email and file a nps. theres really nothing you can do to make her sell it to you. if you dont want to handle the risk of eBay, then dont sell on there!
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Old Apr 28th, 2008, 06:33 PM   #6
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Default Re: Seller pretending she didn't sell to me!

So basically I can file a strike...but then she can still refuse to sell it to me AND relist it on eBay? That's so annoying.

I just want the dress...it's literally a dress from 3 years ago that I've been searching for and this one was BNWT which was a major find.

Would you recommend waiting until I hear back from her and then filing a dispute? I just won the item 2 days ago and paid today for it.
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Old Apr 28th, 2008, 06:55 PM   #7
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Default Re: Seller pretending she didn't sell to me!

Quote:
Originally Posted by ellewoods View Post
So basically I can file a strike...but then she can still refuse to sell it to me AND relist it on eBay? That's so annoying.

I just want the dress...it's literally a dress from 3 years ago that I've been searching for and this one was BNWT which was a major find.

Would you recommend waiting until I hear back from her and then filing a dispute? I just won the item 2 days ago and paid today for it.
That's what I would do...but honestly, you know she's just going to refund/relist and penalize you for her incompetence at setting a reserve or reasonable start price.
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Old Apr 28th, 2008, 07:08 PM   #8
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Default Re: Seller pretending she didn't sell to me!

I would let her know that she entered into a binding contract and it's not your fault it sold for a amount she wasn't happy with. She should have set a reserve and of course tell her you will NEG her

Last edited by SOLIDGOLD2; Apr 28th, 2008 at 07:16 PM.
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Old Apr 28th, 2008, 07:10 PM   #9
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Default Re: Seller pretending she didn't sell to me!

uggh, that's so annoying! you can probably file a dispute, but that probably won't get you the dress. i'm sorry this happened to you - some sellers (and buyers) should NOT be allowed to use eBay!
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Old Apr 28th, 2008, 07:14 PM   #10
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Default Re: Seller pretending she didn't sell to me!

Yes, eBay can't make her sell you the dress, but if I were you I'd file a Non performing seller with ebay and if she still wont send you the dress I'd leave negative feedback.
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Old Apr 28th, 2008, 07:31 PM   #11
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Default Re: Seller pretending she didn't sell to me!

if is Item number: 170211980344 - This seller has zero feedback as a seller. I'd remind her that you have the right to file with ITC unless she honors the contract. Call eBay for the best service in this case. As others have noted, she has ways around it, but you won fair and square and completed your end of the agreement with payment. Good Luck !
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Old Apr 28th, 2008, 08:25 PM   #12
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Default Re: Seller pretending she didn't sell to me!

Tell her you'll report her to eBay and get her penalized for being a non-performing seller

Quote:
Originally Posted by Stormy Heart View Post
if is Item number: 170211980344 - !
WOW either you have good detective skills or you're psychic?
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Old Apr 28th, 2008, 09:00 PM   #13
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Default Re: Seller pretending she didn't sell to me!

Quote:
Originally Posted by chipmunk-pnw View Post
Tell her you'll report her to eBay and get her penalized for being a non-performing seller



WOW either you have good detective skills or you're psychic?

BUSTED !!! I confess to both.
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Old Apr 28th, 2008, 09:36 PM   #14
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Default Re: Seller pretending she didn't sell to me!

She bought it from another seller for $65.99. I would definitely file NPS and try to get the dress for the price you won it for, but if she absolutely refuses to sell it to you and you're desperate for it, maybe she'll sell it to you for closer to the price she paid. Good luck.
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Old Apr 29th, 2008, 11:45 AM   #15
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Default Re: Seller pretending she didn't sell to me!

AND she is using stolen pictures!

We can report her for that! hehe.
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