How do I resolve a dispute if the time limit has passed due to "working" with seller for a solution?


I bought a phone last February (!).
The first one arrived in reasonable time, and the microphone didn't work.
I contacted the seller immediately, who suggested I try to clean the microphone hole, then when that didn't work said he would send me a replacement when I sent it back.
I sent it back, the second phone arrived very slowly (March!) (first class, not priority).
People complained about sound quality when I spoke to them, but it seemed to work. Then I eventually tried to use the GPS. It did not work.
After much attempting to troubleshoot, I contacted the seller. This was about two weeks after receiving the second phone, and a month and a half after purchase.
At first I wanted a refund, but was talked into trying to put a new back on, to see if it was a reception problem.  After all, changing phones is a time consuming hassle, and I had already been through it a couple of times.
The new back arrived, eventually (April!). It did not help.
I contacted the seller, who suggested I take it to a local phone shop. He also began to walk back his claims on the newness of the phones, they went from new, other, factory open box (as listed on eBay)and "brand new, purchased from a Verizon factory direct lot." (as he said in an email prior to  my purchase) to new, other, factory return (i.e. refurbished?), though his current listings for the same phone contain the original description.
Up until this point, I had no reason to open a complaint as I believed we were working toward a solution which would allow him to keep my money and me to get a phone that worked.
Now he says he is sorry I "feel" that he has abused the process, and that he has been "more than patient" with me, and that it is too late for him to return the phone to whence it came, and therefore too late for me to send it back to him.
I have spent money on a phone, return shipping, accessories, etc, and lots of time while living a very busy life dealing with what should have been a simple transaction. I have a phone that barely works, he has my money.
I tried at this point to open a dispute, only to find that it is too late based on the original purchase date, and in fact, can't even leave feedback warning others of this issue (though his negatives do seem to reflect it), again, I thought it premature to leave feedback when the ordeal was not over.

The seller seems to have limped me along until he could cut me out altogether, based upon the time from our initial transaction, irregardless of the fact that I contacted him right away, and within the time frame for each new phone or iteration of one. eBay says "You’re eligible for the eBay Money Back Guarantee as long as you contact your seller within 30 days of the estimated delivery date." but has no way of opening a case if you contacted your seller within 30 days, but did not get resolution in that time. PayPal will let you open a case, but closes it right away.
I still don't have my money or a workable phone, and it seems the seller has found a way to work the system.
Any suggestions from anyone?

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Esteemed Advisor
Esteemed Advisor

1. If you funded your paypal payment with a debit card then contact your bank and see if they will chargeback for you as a "goodwill gesture".


2. If you funded your paypal payment with a credit card then contact your card issuer and request a chargeback or do it online via your c.c. site.


3. If the seller is registered as a "business seller" on ebay then contact him again and state that in the event you don't receive a full refund you will be filing a claim in the small claims court...... or whatever you have similar in your country.......sometimes that threat will work but if it does not then go ahead with a claim if you want to.

Advice is voluntary.
Kudos / Solution appreciated.
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