Should I make a claim....

[Steven]

OK, in mid August I won an item off an overseas seller. It cost me a lot, over $150.

She sent me an invoice and only has directly emailed me one other time (to tell me in early September that her courier said it would take 5-6 weeks, so I asked her when did she ship it but she never got back to me)

Her feedback is 100% but it's in the low 30's... and I have 45 days to file a complaint. It expire October 1. To PROTECT myself, if it doesn't come by say, Sept. 28, should I go ahead and email her and explain to her why I would be filing a claim, and WHEN item arrives, I'll cancel/refund her???

Has anyone done this before? I know some items take 6 weeks to arrive from overseas to US, but what if they waited a week to send it, it would take 7 weeks and that's past 45 days.

What's the right thing to do here? I definitely don't want to "put my good faith in everything" and NOT file a claim, only to find out she scammed me and I'm sorry out of luck with the 45 day window passing.

So, how would one gently handle this? Right now I'm waiting 10 or so days... if no sign yet, I plan to email her and let her know my plans, and why I'm doing it. Nothing on her -- I'm JUST PROTECTING myself, coz it is a LOT of money.

[Funk Buddy]

I'd email the seller and then give it a day or two then file if you don't get any satisfaction. Then I'd file before the deadline anyway to cover yourself.

[Griking]

I see nothing wrong with filing a PayPal claim before the deadline just to protect yourself. I'd probably do it myself and send the seller an email explaining why. A lot of times when people file a PAyPal chargeback seller's assume the worst. An email explaining why you were doing it and that you'll cancel it when the item arrives would probably make the seller feel a little less paranoid.

[Chakan]

Pay for swifter shipping. You can get anything from just about anywhere within a week these days.

[jonjandran]

Pay for swifter shipping. You can get anything from just about anywhere within a week these days.

I have sent several items overseas with Global Priority which is SUPPOSED to be 5-7 days and it's taken over 30 days for the buyer to receive the item.

If customs delays the item they can take as long as they want. :/

[Savedman]

I would file by the 28th without question. If you wait past the 45 days and don't get it you're hosed. She might get pissed and may even leave you negative feedback but you can always leave her neg feedback then mutually agree to have it removed. She may not wish to tarnish her 100% rating.

[Steven]

I just emailed her. Why wait is my thought process. Give her a whole week to respond before 9/28.

Here's what I sent her. I probably could have been more economical with my words, but I wanted to pound the message home that this was not a knock on her and that all I want is an open understanding line of communication.

Do you think my email was written ok? What would you have said differently, or not have said?

----

Hi. Please do not be threatened by this message. There is NO intention with this message to come off as "threatening." But I feel communication between seller and buyer to be VERY important, therefore, I am letting you know IN ADVANCE where I stand on our eBay transaction.

The items have yet to arrive, and I know you said 5 to 6 weeks. The thing is, my 45-day window to file a complaint with Paypal expires October 1st. If items do not arrive by 9/28/06, I will file one JUST to cover my tracks. May I ask when did you send them? (So I can know when to expect them.... August 20 you sent them? August 22? August 30? etc.)

HOWEVER, I know they may well arrive, say, October 5th. Therefore, if that IS the case, I will cancel the complaint at that time. Do you understand? This is not a knock on you, but I am merely protecting myself in case the items never arrive. For the record I really do believe that you sent them. I just don't know WHEN, because you never told me whenever I asked.

$180 is not chump change for me, and in the SMALL chance you never sent the items, I need to protect myself by covering the 45-day window to file a complaint with Paypal. It's what ANY buyer in my shoes would do. Again, please don't take this as a threat as it's not intended to be one. I am just keeping an open line of communication with you.

I'd bet the items will arrive before 10/1/06 and we can laugh at all of this. But I *DO NEED* to cover myself in the off-chance. Please reply with your thoughts.

Again, any buyer in my shoes would do this. If the items arrive, I will cancel the complaint. I've talked to many eBay friends and they all tell me they'd do the same thing. It's the LOGICAL thing to do... so please don't take offense to any of this.

I *REALLY* hope they will arrive before September 28, therefore, we can avoid this whole issue.

Thanks for your time,
-Steve

[/b/tard]

One time I shipped an item to Australia, and forgot about it. I finally got an email from the seller 4 months later saying they had recieved it.

I doubt you have anything to worry about, but you never know these days. My advice is to go ahead and file the dispute, only to protect yourself.

[T2KFreeker]

I think the problem here is that the person has not returned your e-mails. I understand where you are coming from. I am irritated right now with an ebay guy as he doesn't want to seem to reply to my messages either. Really sucks! I'd file the claim, just to watch your ass in the end!

[Savedman]

I just emailed her. Why wait is my thought process. Give her a whole week to respond before 9/28.

Here's what I sent her. I probably could have been more economical with my words, but I wanted to pound the message home that this was not a knock on her and that all I want is an open understanding line of communication.

Do you think my email was written ok? What would you have said differently, or not have said?

Bravo! Very well worded. There is no reason at this point why she shouldn't know exactly what your intentions are.

[Steven]

Received a reply from her this morning

----

Hi Steve,
I completely understand and am fine with this. Sorry that the items haven't turned up yet but we are still within the 5-6 week window. I believe I posted on the 2nd of September.
I know this is long and drawn out and I can only say sorry for the wait on this, and to show you I am a honest seller I will refund you £10 as a way to show you that.
Please keep me up to date on this, and I will talk to the post office to see if anything can be found out.
Thanks.

-----

Well, I am a bit shocked at the reply to be honest, she does come off as a very honest, quality seller. I guess I was expecting the worse (in a reply). I did check my paypal and nothing has been sent yet, but I'm sure she's just waiting for me to confirm my PP address, which is fine.

What does bug me though is that she sent September 2nd. Now it makes sense. That means the items should arrive in October, since it is "5 to 6 weeks." What annoys me is I paid on August 18.

So now, almost assuredly that the items won't arrive BEFORE 9/28... I will need to write a complaint to Paypal. This is where things get trickier. Any suggestions/tips?

Right now here's a rough draft

-----

Me and [name] have an eBay transaction where I paid on August 18th, 2006. She did not send the items until September 2nd, according to her. She also claims it will take 5 to 6 weeks. My 45-day window to file a complaint with Paypal ends October 1st therefore I am sending this now to avoid missing that window. If the magazines don't arrive in the next week or two, I'd like to be refunded as much as possible of what I've paid.

If the magazines arrive, I will gladly cancel or refund her.

-----

What should I add or take out? Thanks in advance

[Savedman]

My guess is that Paypal will give you a canned answer on this one. They will probably tell you the procedure even though you are already fully aware of how to go about this. Then they will tell you that it is up to you whether or not you proceed.

Personally, I would just go ahead with it on the 28th or so and when she complains just let her know (again) why you are doing it and that you will return her money to her/withdraw the complaint once your item arrives. After all, the likelyhood of this being a problem would have been much less if she hadn't waited so long to mail it out.

The only thing I would change in your letter to Paypal is instead of saying "Me and [name]" I would say "[Name] and I"

[Mark III]

Sounds like you're handling everything reasonably, the seller should have no problem with you making sure you're protected. In the future for overseas purchases you may want to pay through a credit card. It works well for overseas purchases that are taking their time as it turns a 45 day window into a 6 month window.

[Steven]

weird that she hasn't replied to my last 2 emails. I'm filing the claim later tonight.

I guess this is what I will say

---

I paid 8/18. She told me she sent the items 9/2, but there was no email contact between then and she never updated me. The items are set on a 5-6 week period, but because she waited until 9/2 to send items, it would eventually have passed my 45-day window to file this claim (which would expire October 1st)

If items arrive I will gladly cancel this claim or refund her, depending on ramifications regarding this situation and I will follow accordingly. Thanks for your help.
-Steve

---

Obviously I will make it a bit more detailed but I'm a bit tired to type everything out now.

[Steven]

UPDATE

I did file a claim, 9/30, to cover my tracks.

The thing that concerns me is, she has yet to reply. If that isn't a sign to worry I don't know what is.

Last night I sent her a msg through ebay and she finally responded. She said:

Hi, I have been to the post office and had them look at the records.
They say because of an admin issue the items did not leave there post office until the 19th of sept.
I have gone mad at them and have asked what can be done.They say that nothing can be done becasue I did not have it tracked.
I have asked them what sort of time are we looking at and they have said 4 to 5 weeks from the sent date which is now the 19th of sept.
So we are looking at the 16th/17th which I am very sorry about, as I said I did have a right go at them for this but all they could do was say sorry.
Once again I am so sorry about the delay.
Please let me know on the 16th/17th if you have receive.
Thanks in advance."

Um... I want to believe her but at this point I'm so frustrated I dunno what to say any more, I mean I paid on August 18th. I have 20 days to escalate my claim, so around October 19 it runs out. If it doesn't arrive by the 18 I will escalate, and take care of things as they come from that point on.

This is so frustrating. Her long bouts of silence concern me, I don't care if she has 100% FB on 44 positives. This is a big ticket item and those always have the highest % of a screwjob.

Essentially, if what she says is true, A WHOLE MONTH passed since I paid before the items were SHIPPED. And the admin. just happened to delay it? It doesn't add up.

Since her 1st reply was 9/21... I'm guessing she sent it 9/19. There was no delay. Hell I dunno... just venting now.

Any tips/similar experiences? Looks like a 95% chance I will be escalating come 10/18 -- I *KNOW* nothing's coming by 10/17.... it'd be too good to be true.

[Aus Mega]

you are doing things exactly the right way.

Give it untill your time to esculate is near then esculate to a claim. At the very least you will give the item more time to come.

If the item does arrive you can still cancel the claim but at least you will have started recovery procedings in the event she is a scammer.

Im fairly certain she is full of S... there is no way she sent that item before 19/9.

Good luck & I hope you get a favorable outcome.

[Speedy_NES]

I *KNOW* nothing's coming by 10/17.... it'd be too good to be true.

I assume that she sent an economy parcel? The postal services always claim these arrive somewhere within 4 or 5-6 weeks, but they generally take 2-3 months to arrive. Therefore, if she did sent it economy, you will almost certainly have to wait a while longer.

[Steven]

I *KNOW* nothing's coming by 10/17.... it'd be too good to be true.

I assume that she sent an economy parcel? The postal services always claim these arrive somewhere within 4 or 5-6 weeks, but they generally take 2-3 months to arrive. Therefore, if she did sent it economy, you will almost certainly have to wait a while longer.

I'll have to confirm with her, but with her being overseas I can only assume she mailed it SAL, which is the slowest method possible, ne? I'll ask her.