Stolen phones...returning? Is it safe to return without opening dispute first?

[tr_right]

I bought a phone on eBay from a one seller, and a "lot" of 4 phones from another seller.  To my dismay all five phones had been reported stolen (some were for relatives, I checked each phone before giving them out luckily). 

One seller hasn't responded, the other told me to send the phones back but I didn't need to use delivery confirmation if I didn't want to, it wouldn't make a difference...he would refund me either way.  That is a red flag that this guy is shady.  I would never send something back without proof. 

I'm not happy about paying $$ out of pocket to ship these back to a guy who isn't the real owner, just so he can resell them to someone else, but I want at least some of my $$ back.  My question is, if I ship it back with DC, and he tries to refuse the refund can I open a claim and get my $$ back, or do I have to open the claim FIRST and then mail it after they reach their decision?? 

I need to know because I doubt this guy is going to refund me if he can get out of  it. 

[surplusdealdude]

the other told me to send the phones back but I didn't need to use delivery confirmation if I didn't want to

He's hoping you won't so he can ignore you.  ALWAYS ship with DC. 

do I have to open the claim FIRST and then mail it after they reach their decision??

Open the dispute first, then phone Paypal about them - the number comes up when you click on 'contact us'.

Speak to the person in the claim department and ask him what to do - he may want you to turn them over to the police.

[tr_right]

I know, I never ship without DC.  

The problem with phoning paypal is...I have no phone.  I bought these because they were cheap and I needed a phone ASAP to replace my broken one. I always buy my phones from eBay and I've never had a problem before.

I feel like the phones were so cheap the police wouldn't care.  I guess I'll do whatever needs to be done though.