Paypal Dispute - Do I have a case?

Question

Bought a used Xbox 360 from an individual on eBay 6/16/08. Paid thru Paypal immediately. Seller said would ship on 6/20. Despite me sending several messages, I received no responses when asking seller if he shipped, until weeks later, 7/6/08. His excuse was that he was away on business, and will ship my item tomorrow (7/6/08). However, as far as I knew he had no intention of completing the sale, so I've already bought an Xbox 360 from somewhere else. I asked him to refund my money, but I simply got rude and profane responses saying "all sales final". I filed a Paypal dispute back on 6/28 and escalated it to a "claim" on 7/1. The claim status is still "waiting for seller's response".

Even if he ships me the item, I feel that I shouldn't have to keep it or pay for it because he made zero effort to respond to any of my messages. Will Paypal decide in my favor, or will they decide against me if he ships the item as described and since he made no promises in the listing on shipping time?

Answer 1

You say that the seller said he would ship it on 6/20.  Be sure and tell PayPal this and that he has been unresponsive, until you wanted refund and he got profane and said " all sales final ".

He said he would ship - he didn't - he got nasty after you waited and wanted your money back - and he has not yet responded to the Pay Pal claim query.

YES - You have a case - he has shown himself to be negligent to you and to paypal.

ALSO, hopefully you have a credit card ( not debit card ) linked to PayPal.  If so, call your card company and explain the situation and " EMPHASIZE " that you have not received the merchandise.  The credit card company should reverse the charge and give you credit for it.

I have used PayPal for years, I have a credit card linked to it - one should NEVER use a debit card or bank account with PayPal, you have much more protection with a credit card.

Answer 2

If anything, he should have sent the x-box before he left on business, but he should have said "all sales final" when you first bought it. You should have a decent case, but I would have waited to see if he would actually sent it before buying another one.