Just checking to make sure I'm not being a jerk on this one...

[NYLatenite]

Hey guys, just looking for some input on whether or not I'm being unreasonable in this minor eBay dispute I've got going on right now.

The backstory: As I wasn't going to go to the San Diego Comic Con, I pre-ordered this year's Gears of War exclusive figure through a seller on eBay and paid for it via Paypal. As it turns out, NECA decided to cancel the figure, so the seller was unable to obtain it. (Obviously)

The seller sent out an e-mail to buyers listing the items from the show that they weren't able to obtain and promised a refund.

A few days later, with no refund being issued, I contacted the seller regarding the refund. The seller proceeded to send me a "Cancel Transaction" request, which they wanted me to accept before they would issue a refund. When I went to view the request, there was a note from eBay on the page that said if I had paid for the item and did not get a refund yet, not to cancel the transaction.

I e-mailed the seller regarding this, and was basically told "Sorry, this is how we handle these." - I then contacted eBay via phone, and was told by their representative that the seller is supposed to issue the refund first in this case, and that if they don't, I should decline the cancel request and file a "non-reciept of item" complaint.

I e-mailed the seller again, basically repeating what I just wrote above and telling them that, while I don't want to go the complaint route, I also didn't appreciate having my money held hostage and being told that the only way to get it was to leave myself open to not getting it and having no recourse to pursue it since I would have accepted the cancellation.

The seller has good feedback 2,000+ positive, 23 negative (including items from last years show that they apparently offered refunds on and the buyers claim they didn't get), so while I'm sure the seller would refund the money, I don't like the way they're handling the situation and really don't want the aggravation of even thinking that they're going to rip me off. At the same time, I also feel like a bit of a jerk for even having to argue about something as simple as a payment for a freakin' action figure.

So, here's the question - While I know based on eBay's policies, I'm in the right, am I being a dick here or is my feeling that the seller is just playing power-trip/feedback games here correct?

Any answers you guys would offer, especially from experienced eBay buyers and sellers would be appreciated! Thanks!

[Lanzo]

Dude your good, the seller should send the refund first, customers come first. And its the policy.

[Kitsune Sniper]

File an "Item not received" claim if he's still dicking you around. That'll freeze the money on his account and essentially force a refund.

They ask people to cancel the transaction so people can't leave a neg.

[NYLatenite]

Just denied the cancel transaction request and opened the item not received case. The guy replied again to my last message telling me;

"Look you have nooooo risk. Paypal pays all buyers and screws the sellers. Trust me I hate paypal. Just do what we say because we will get screwed with the ebay fees. And I'm not paying them a dime they rip the sellers off enough"

Yeah right. Because if he just issued the refund outside of eBay BEFORE the cancellation, he would be on the hook for those same fees how? (As it would still be a cancelled transaction just like he's asking with eBay unaware of the refund)

Screw this guy, wasted enough of my time on this already - case opened - and I for one will laugh since all our communication went through eBay that when they look at it, he'll probably also get some kind of warning for trying to avoid paying them whatever fees they were due.

Hell if I can, I'll even leave him crap feedback once this is done since now the transaction won't be cancelled, but rather is in dispute (I'm assuming) - so if he was trying to avoid negative feedback, he just blew that one too.

[Kitsune Sniper]

What I personally do is ask if they would mind canceling the transaction -after- receiving the refund, so I get my sale fees back. I've never had a problem with a buyer over this, since it's not a big deal.

I think once the case ends in your favor, he will get his sale fees refunded. Maybe someone else can chime in on that.

And yes, since the transaction wasn't canceled, and you opened an item not received dispute, you will be able to leave feedback if he loses or agrees to the refund.

[Cornelius]

What I personally do is ask if they would mind canceling the transaction -after- receiving the refund, so I get my sale fees back. I've never had a problem with a buyer over this, since it's not a big deal.

I think once the case ends in your favor, he will get his sale fees refunded. Maybe someone else can chime in on that.

And yes, since the transaction wasn't canceled, and you opened an item not received dispute, you will be able to leave feedback if he loses or agrees to the refund.

Yeah, it is really strange that he wanted the cancel before giving a refund since that leaves the buyer totally 'exposed'. Especially since the way Kitsune does it is just as good without scaring or pissing off your customer.

[NYLatenite]

What I personally do is ask if they would mind canceling the transaction -after- receiving the refund, so I get my sale fees back. I've never had a problem with a buyer over this, since it's not a big deal.

I think once the case ends in your favor, he will get his sale fees refunded. Maybe someone else can chime in on that.

And yes, since the transaction wasn't canceled, and you opened an item not received dispute, you will be able to leave feedback if he loses or agrees to the refund.

That was the other thing that set off the warning bells - according to eBay, if he issued the refund and got the transaction cancelled, he gets credit for his fees - but if I have to initiate a complaint to get the refund, he doesn't... and yet he all but forced me to take that route.

Bottom line for me came to this - he had feedback from other people saying he promised a refund and didn't give it, the arguments he made for why I should do it his way didn't make sense and the guy wasn't following eBay's policy. Checked my e-mail and eBay has already found in my favor and my Paypal account has been credited.

Final question on this: If I bang this guy on feedback, I'm basically going to have to take a hit to my perfect record as a buyer when he negatives me in retaliation, right?

[megasdkirby]

Nope! Sellers can no longer leave negative feedback.

[Kitsune Sniper]

Nope! Sellers can no longer leave negative feedback.

Which sucks when we sellers have to deal with psychotic asshats who order lots of clothing and then screw us over.

Ahem.

But not in this case. I suggest leaving a note in the feedback saying something like "Do not cancel the transaction, get your money first!" or something.