Please help - eBay closed case in seller favor - PayPal won't open dispute

[pduong]

Please help!

I brought a pair of diamonds on earrings on eBay (paid by PayPal using Bank of America and Chase) and it tested out to be fake. I contacted seller many, but no reply. I send item back, because seller say return accepted within 7 days, but no refund or reply. I provide eBay with the tracking number, but eBay told me in order for me to get my money back I should of include signature confirmation, but the address was a PO Box address, I assume that PO Box mean only the seller would be able to access the mail. eBay told me to contact USPS to see if they required seller to sign for the mail, when I did, the post office say the PO Box was closed last month. I contacted eBay again and they asked for the PO Box address and then told me that's not even the address the seller provided to eBay. I appealed for the dispute, but was rejected the refund. I contacted PayPal and they say because there's already a case for it on eBay there's nothing they can do. I contacted eBay again and they told me she can't force the seller to refund my money and I should try my best to get the seller to reply and that they will help me send email to the seller, but they can't do much if the seller does not reply. I told them, obviously, is a scam, why would the seller use an address not even on their eBay to ship the item, why wouldn't the seller respond, it been over 3 weeks and not a single reply, I doubt the seller will reply now and that eBay and PayPal should look into this more, but they say unless the seller repeat this again if not, they can't do much and can't prove she's a scam. I am still emailing the seller, send her message over Facebook, and the email address she provided on PayPal, but I haven't receive any respond. I told eBay and PayPal I took picture of the package and it shown the PO Box with delivery confirmation send to me by the seller name and that's where I return the item too. I still have the original envelope send from the seller with picture taken, the receipt from USPS proving that I sent the item back to the address from the original envelope with the seller name on it. They say is no use, I should of contacted eBay when I got the item and turn out to be fake. If I knew that, I wouldn't bid on the item on the first place. But I didn't, the seller seem to set a scam for me to fall into and now that I have and have a problem, should eBay and PayPal help me with this. I have excellent feedback on eBay, but the seller has really bad feedback. I have my money hold before from PayPal after a buyer paid for an item, that's why I don't understand why PayPal can't hold the money from the seller and have her reply to the case. Besides saying that they will contact her by email, I asked if they can send her a letter to her address and call her and they say no. It doesn't make sense, a buyer just got scum by a dishonest seller and eBay and PayPal close the case in the seller's favor when seller's haven't respond since I paid for the item. Doesn't all these prove that the seller is wrong? I contacted both my banks to see if they can get my money back. I contacted USPS and told them I think the owner of the PO Box is a scam. I emailed the CEO of eBay (John Donahoe)  and President of PayPal (Scott Thompson) regarding this. I will fax and send me a letter in the next couple days because I am waiting for their response. I hope that someone would be able to help me get my money back. Any idea what I can do to get my money back? Thank You

Sincerely,

Phuong Duong

[kileyandjohnny]

I had a similar situation but the buyer received the item and was refunded his money by paypal because the UPS tracking # was incorrect.  I have since disputed and hadn't heard back from the buyer.  I contacted paypal several times only to be disappointed by their response.  They keep telling me they have sent him a message that he needs to pay for the item once again since they have investigated the situation and returned the funds in my favor.  I have all the documentation from UPS stating he has signed and received the item.  I sent him an e-mail last night asking that he pay for the item or I have no other choice than to take legal action.  I then went to my paypal account and was able to open a fraud case against him that they refer to as IC3.  Go to paypal and do this as they will send the seller an e-mail and information stating you have opened a fraud charge against him and I guarantee he will take care of the problem. My buyer was really cocky and rude through the whole buying process and shipping process as well.  As soon as I sent him the e-mail letting him know what was about to happen he is now very attentive to the matter and says he is sorry and he will pay immediately. 

I hope you get your issue resolved.  I now know that paypal is not on anyones side, they are just a bank that wants their money.  I have reported them to the BBB and hope other people do too.

Good Luck!