Yes, this is true for BIN and this is how I have them set. However, for best offers when you accept their offer it doesn't require them to immediately pay. Since they offered through best offer, if I click the Accept offer you still have to wait the 7 days to see if they pay and then another 8 days to wait for the FVF to be granted.
While you can file to get the FVF back (as I have had to do three times this month) you do not get the listing fees (currently about $4 a pop for my bags) back.
I do realize this can happen with anyone, 0 feedback or not, but there are so many scams currently going on with fraudulent accounts, people creating new accounts when old ones are closed, that it is just crazy.