Ebay advice on accepting a seller's cancellation

Henne

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I am after some advice since I don't want to get stitched up by a seller on ebay. I bought a used pc hard drive off ebay recently and paid immediately by Paypal after the auction ended. The description said free post with delivery 4 to 6 working days. I waited eleven days after the end of the auction for it to turn up. It didn't and so I contacted the seller on the eleventh day to say it had not turned up. He said that he will issue a refund on day fourteen as he was moving house over the weekend. I immediately replied and questioned why he was issueing a refund, but no reply came. Day fourteen came and no refund was issued back to paypal but he did open a case to cancel the transaction with no reason given for the cancellation. I emailed again to ask why he was issuing a refund to which he replied

" I sent out the item shortly after you purchased the item. but when you originally emailed me I assumed you have not recieved it. unfortunately i sent it out second class, and the post office wont follow up. i would have refunded you sooner but i just purchased a house and was moving and no access to PC. my sincere apologies"

I accept that I won't be getting the hard drive from him and it has been "lost" in the post however reading the terms on ebay about agreeing the cancellation of the purchase it recommends to accept only if I have received a refund from the seller.

He emailed me to chase why I hadn't accepted the cancellation and today I replied stating that ebay recommends only accepting if I have recevied a refund from the seller.

I don't won't to accept the transaction only for the seller not to refund my money, then contacting ebay for help only for them to say I should not have excepted the cancellation case. Reading the terms it states I should have received a refund within 3 days of the seller promising a refund.

Am I doing the right thing by not accepting the cancellation case yet? I have until Monday 13th for the cancellation to be accepted automatically with out me accepting it so I am in a dilema as to what to do.

Is the seller trying to pull a fast one or is he being an arse?

Any advice would be gratefully received.

Many thanks in advance.
 
Open up a paypal dispute for non delivery of the item. That way, it is up to him to explain himself to Paypal, and if he can't, they'll take the money from him.
 
DO NOT CANCEL THE TRANSACTION.

Did i make that clear? Anyway i had similar from a chinese seller a while ago, like Reuben said, open a case, let ebay sort it out.
 
I think the money is often held until the transaction is cancelled which is wrong really.
I concur, open a paypal dispute.
 
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