??? Seller says CLOSE Dispute BEFORE seller will refund???

peppy

peppy

O.G.
Oct 4, 2006
4,003
9
#1
I had another thread that was asking for advice on exchange. After talking through with the Seller, he agreed not to do an exchange anymore but that he'll give me a partial refund ($200).

Then Seller asked me to wait 2 weeks before he'll refund, so that he can add funds to his Paypal account, which indicated to me that he has already emptied his account. In 2 weeks, the dispute would have automatically closed, so I gave him 1 week to refund.

Now Seller says he now has the $200 in his account, but he can't refund me cos the Paypal dispute has frozen his account for the full amount of the claim. Since he has only added a partial refund's funds back to his account, his account is therefore still negative and so he can't refund me. Seller now wants me to CLOSE the dispute, to free up his account/funds, then he can refund me. He claims that's what Paypal Customer Service TOLD him?!?!?!

A few questions and all advice and help will be very much appreciated. Obviously I don't want to close before I get the refund, but I don't know if what Seller is saying is true.....

1) Is it true that if there's an open dispute and a "negative balance", then Seller can't refund? I believe that Seller can't "Send Money", but how about refunding the dispute? Seller claims he's got the $200 in his account. Can't he use the "Refund" button?

2) Is it true that once Seller refunds, the dispute automatically closes? Or do I have to agree to close, ie. after I make sure that the funds are in my account?

3) How long before the refund clears into my account?

4) Under what circumstances can the refund be cancelled?

5) should I escalate to a claim so that a Paypal officer will step in?

p/s: I didn't pay by cc, but by Paypal balance.

I'm out of USA, calling Paypal CS would have been crazy, the overseas call charges will kill me once they put me on hold. So, any advice will be greatly greatly appreciated!! TIA!
 
#2
This is a tough one...

From my past experience (only one), I think sellers only have the option of providing a full refund when there is a dispute against them. There is no option for partial refund.

Yes, it's true that as soon as the seller issues a refund, the dispute is closed. However, there was a thread a while back where a buyer complained that after the dispute for closed as a result of a refund, the seller then cancelled the refund and the buyer was left out of pocket! (I don't know how they could cancel a refund though...)

Hmmm... Although the seller's excuse is valid, I don't trust him. If you close it, he doesn't have to give you anything at all! Maybe you should have waited before filing a dispute. But that's a mute point.

In your situation, I think I'd opt for a full refund. If you still want the replacement then get him to set up another transaction.
 
#3
Escalate the claim and let paypal handle it. As you did not pay with a CC then basically all you have is paypal so don't close the claim, if you do and the seller decides not to refund you then there will be absolutely nothing you can do.
 
#5
i personally would not close the dispute. if you can't call try and email pp to see what they say. honestly if you close it he can get out of sending your money back and seeing as he already renegged on givinng you ALL your money back and your prior deal i wouldn't trust him. my guess is he spent all the money or used the thing you need which is why he decided on this. please, call or email pp.
 
#6
Escalate the claim immediately - the seller is stalling for time and you only have a limited number of days to escalate. Let PP handle it from now on - the form will ask if you're claiming a partial or a full refund. Ask for a full refund and then stop all communication with the seller.
And if you haven't already left Feedback for the seller, dont - not until the dispute is settled. I just went through a PP claim myself and got a full refund including shipping.
 
#7
I echo all that has been said above. Also, even if he has no funds in his paypal, he can still hit the 'refund' button, and paypal will get the funds from his bank account (in this case the refund will be shown as 'pending' on your paypal for a few days until funds have cleared), so he is lying about having to wait to get funds in. I'm pretty sure he can press the refund button whilst the dispute is open - and a partial refund is also possible.

So don't close the dispute, escalate to a claim & tell the buyer that you will close it AFTER he has refunded, never before. Good luck!
 
#8
Absolutely, all the way through the process there is an option to say things have been resolved and you don't wish to proceed any further, so the minute you have the refund, you can click that option.
 
#11
OMIGOD! ESCALATE IMMEDIATELY!!!!!!!!!
ARE YOU NUTS!
Ok, I really really really think that the seller should be contacted first, then, if that is not going well, up the ante to paypal full on dispute before the seller does and claims something else is going on.


paypal should protect you just as well with a balance as a c/c, as long as you are in the right. the advantage to paying with a c/c is that you can get the c/c company to back you also. thats why you always hear to use paypal and a c/c.


and, as you well know, DO NOT, DO NOT, DO NOT!!!!!! CLOSE THAT CLAIM!!!!!!!! YOU WILL BE OUT!

write paypal a very long email, with full details. tell them you can provide them with the emails that have passed between you and the seller and don;t stop until you are satisfied.
 
#12
when i opened a paypal claim against a seller earlier this year, one of the options i was given in the mediation phase was a partial refund. In accepting the refund it closed the dispute. Maybe you can do that and at least have paypal's protection?
 
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