What should I do when the 45 day limit to open a dispute fails me (and I'm out $200+)?

[NateMetro]

Hello all,

Here's my general problem with the 45 day limit on opening a PayPal dispute. I place quite a few orders to the UK, Italy, France, Sweden, Japan and elsewhere. The delivery time can take up to two months depending on the delivery method and this can be normal. I'm told by PayPal support that I need to open a dispute pre-emptively to make sure I'm covered. Opening a dispute un-necessarily is not good for buyer-seller relations and can result in the seller's account getting blocked until it's resolved. The 45 day limit is arbitrary and doesn't match with reality in many cases.

Here's my specific problem. I have an eBay UK seller that sent my first order fine and had good communication. Delivery time was just under 45 days. The second order never arrived and I'm out more than $200. My mistake was waiting about a week after I expected the package to arrive before trying to file a dispute so as to give the seller the benefit of the doubt. I did not know about the 45 day limit at the time. The seller will not respond to my messages despite sending off almost a dozen through eBay and his PayPal email. The seller is still active on eBay and would absolutely have seen the messages I sent him at this point. PayPal phone support has been polite but non-productive. I was told that my case would get a special review but I have heard nothing about this and expect PayPal will not divulge why there was no action taken or be open to a dialog.

What do I do at this point? 

[kernowlass]

Are your items individually made or something?? Because I buy from all over the world and the longest i have had to wait is 2 weeks.

[NateMetro]

Hey kernowlass,

PayPal starts the 45 day period from the transaction date. If I order from Japan with EMS or AirMail there are no problems. If I go SAL it's easily been five weeks for delivery if the shipment isn't made immediately. If I go with Surface mail to get cheap tracking, it's 2-3 months for delivery. I like to give sellers I have a good relationship with the benefit of the doubt in case there is a delay at the border, say when CBSA does an inspection. Inexpensive deliveries from Sweden have taken me right up to 60 days.

Ideally, the dispute date limit would consider the date of shipment, maximum delivery time and a buffer. That's my 2 cents. 

[kernowlass]

5 weeks delivery seems an awfully long time.

But I think you will just need to start a dispute at 45 days, then you don't have to escalate it until 20 days later =  65 days = 9 weeks which should be oodles of time.

Just let the sellers know that you are only opening it to protect yourself and I don't think paypal hold or freeze sellers funds until you escalate to a claim.

[NateMetro]

I am speaking from personal experience and shipping time estimates through eBay. Mileage may vary.

Occasionally, I am forced into using a more expensive shipping option or to preemptively open up a dispute. This is bad for both buyer and seller. I would be forced to escalate a dispute before I even expected a package to arrive in the case of using Surface Shipping from Japan to Canada. The last dispute I opened resulted in the seller having his account suspended as confirmed by the seller and on eBay where all his listings disappeared. I did not have to escalate.

I'm really more worried about myself and others being ripped off by this eBay seller. He has my money and I have no item. He is hiding behind the knowledge that PayPal won't open a dispute now and has dodged all communications. I have no reason to believe he won't ripoff another PayPal member under the same circumstances. 

[kernowlass]

Another suggestion, you can get his telephone number if it was an ebay sale via advanced search top of ebay pages > left column > contact member > fill in the info and ebay should send you their tel number in an email.

Second suggestion if you don't get your item and you funded your paypal payment with a card then contact your card issuer and see if they will chargeback for you.

[NateMetro]

Hello kernowlass,

Thank you for your suggestions. I only get a an option to message the eBay member with no option to request a phone number. I expect he would hang up anyway.

I did, however, find out that I can open up a Pre-authorized Debit Dispute with PayPal from my Credit Union so I will be doing that but it will take some time. I also complained to eBay Trust and Security and they will be performing some sort of investigation on the member but eBay is too worried about privacy to tell me the results. 

I've been a loyal PayPal user and feel let down by their customer support. My only crime was being ignorant of the 45 day policy and trying to resolve this with the seller before opening a dispute.

[NateMetro]

Hello PayPal_Adrian, PayPal_Olivia, PayPal_Frank

Please feel free to comment. I am struggling to understand why PayPal will only protect it's members if they abide by PayPal's many arbitrary rules. An arbitrary rule such as the 45 day limit on opening a dispute demands that exceptions are made and trying to resolve the problem with the seller before opening a dispute while being unaware of the time limit should be sufficient as a one-time offer.

By failing to assist me in opening a dispute with the seller that knowingly and verifiably took my money while providing me with nothing PayPal has:

• Alienated a loyal customer.
• Assisted a seller in ensuring that he keeps my money and I receive nothing.
• Failed the PayPal community by not offering a deterrent to the seller so he doesn't rip off another PayPal member.

Time is not a factor when a seller refuses to even open up a dialog for an item that never arrives as it does not change the facts. PayPal would not behave in this manner if it weren't the 800-lb SilverBack Gorilla in the room with a monopoly in their market. 

Good Day Sirs and Madame

[elsawonderland]

HEY!!! Do someone can answer me clearly because I speak french and I dont understand every words of english!!! What can I do If a seller never ship me my 1000$ items if its after the 45 days?????

[tweedied]

I bought a item before the warrenty ran out, the item quit working, what can I do