Discussion Forum: Thread 289375

 Author: amvdamian View Messages Posted By amvdamian
 Posted: May 7, 2021 23:01
 Subject: Can a seller retaliate for a canceled order?
 Viewed: 247 times
 Topic: Buying
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

amvdamian (463)

Location:  USA, Washington
Member Since Contact Type Status
Nov 28, 2020 Contact Member Buyer
Buying Privileges - OK
Can a seller retaliate by leaving me negative feedback for a canceled order (due
to NSS)?

Background:
I placed an order, and status has not changed in over a week. His terms say not
to email him.
I send follow up emails nonetheless, but of course no response. I file a NSS.
He then responds and says that he "thinks" (his exact wording) that the order
went out. (My other orders I placed after this transaction from elsewhere have
all arrived). I then said I want a cancelation/ refund.
He comes back and asks me to remove the NSS first, because the system reportedly
is preventing him to do anything. He is also instructing me to file OCR instead.
(I believe I would have to remove the NSS, then file a cancelation. In which
case it would look like I was the one defaulting on the transaction.)

I've had a similar situation in the past where the seller refunded me through
PayPal, then I removed the NSS.

However, this guy is saying I should not listen to anyone in the forum, and he
is threatening to have "Admin" involved.

I believe I am well within my right to file the NSS, as the waiting period lapsed
and no service was rendered in exchange for the money received from me.
 Author: wildchicken13 View Messages Posted By wildchicken13
 Posted: May 7, 2021 23:23
 Subject: Re: Can a seller retaliate for a canceled order?
 Viewed: 94 times
 Topic: Buying
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

wildchicken13 (875)

Location:  USA, Illinois
Member Since Contact Type Status
Aug 11, 2014 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Wild Chicken
In Buying, amvdamian writes:
  Can a seller retaliate by leaving me negative feedback for a canceled order (due
to NSS)?

Background:
I placed an order, and status has not changed in over a week. His terms say not
to email him.
I send follow up emails nonetheless, but of course no response. I file a NSS.
He then responds and says that he "thinks" (his exact wording) that the order
went out. (My other orders I placed after this transaction from elsewhere have
all arrived). I then said I want a cancelation/ refund.
He comes back and asks me to remove the NSS first, because the system reportedly
is preventing him to do anything. He is also instructing me to file OCR instead.
(I believe I would have to remove the NSS, then file a cancelation. In which
case it would look like I was the one defaulting on the transaction.)

I've had a similar situation in the past where the seller refunded me through
PayPal, then I removed the NSS.

However, this guy is saying I should not listen to anyone in the forum, and he
is threatening to have "Admin" involved.

I believe I am well within my right to file the NSS, as the waiting period lapsed
and no service was rendered in exchange for the money received from me.

A seller can retaliate by leaving negative feedback, but if the NSS is completed,
then I believe that the feedback will be removed. A seller has two weeks to respond
to an NSS (provide proof of shipping) before the buyer can cancel the order.
You could remove the NSS and just cancel the order, but there's nothing stopping
you from filing an NSS and let's face it, if the seller truly did not ship
the order, then you should probably file an NSS.

https://www.bricklink.com/help.asp?helpID=73
 Author: Vosblokjes View Messages Posted By Vosblokjes
 Posted: May 8, 2021 01:39
 Subject: Re: Can a seller retaliate for a canceled order?
 Viewed: 62 times
 Topic: Buying
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

Vosblokjes (7188)

Location:  Netherlands, Drenthe
Member Since Contact Type Status
Dec 5, 2014 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Vosblokjes
In Buying, wildchicken13 writes:
  In Buying, amvdamian writes:
  Can a seller retaliate by leaving me negative feedback for a canceled order (due
to NSS)?

Background:
I placed an order, and status has not changed in over a week. His terms say not
to email him.
I send follow up emails nonetheless, but of course no response. I file a NSS.
He then responds and says that he "thinks" (his exact wording) that the order
went out. (My other orders I placed after this transaction from elsewhere have
all arrived). I then said I want a cancelation/ refund.
He comes back and asks me to remove the NSS first, because the system reportedly
is preventing him to do anything. He is also instructing me to file OCR instead.
(I believe I would have to remove the NSS, then file a cancelation. In which
case it would look like I was the one defaulting on the transaction.)

I've had a similar situation in the past where the seller refunded me through
PayPal, then I removed the NSS.

However, this guy is saying I should not listen to anyone in the forum, and he
is threatening to have "Admin" involved.

I believe I am well within my right to file the NSS, as the waiting period lapsed
and no service was rendered in exchange for the money received from me.

A seller can retaliate by leaving negative feedback, but if the NSS is completed,
then I believe that the feedback will be removed. A seller has two weeks to respond
to an NSS (provide proof of shipping) before the buyer can cancel the order.
You could remove the NSS and just cancel the order, but there's nothing stopping
you from filing an NSS and let's face it, if the seller truly did not ship
the order, then you should probably file an NSS.

https://www.bricklink.com/help.asp?helpID=73

Hold the NSS in place until either he refunded you, or he has shipped the items
and you received them.
Seller can refund, regardless of the order status. But maybe he is afraid that
after refunding you won't lift the NSS (that also happens, some stores got
closed fot it for a few days).
If he doesn't budge, just file a PP claim, while leaving the NSS in place.

  
  However, this guy is saying I should not listen to anyone in the forum, and he
is threatening to have "Admin" involved.

This sounds very familiar, not long ago something along the same lines was said.
Maybe it is a good thing that he will involve Admin, maybe he can see what kind
of seller this is, and if there is a pattern to be seen.
And he is right, you should not listen to anyone in the forum, forum only conatins
sellers, buyers, collectors, etc, with a lot of experience in selling and buying,
what would the know what you should do in such a situation
 Author: Brickwilbo View Messages Posted By Brickwilbo
 Posted: May 8, 2021 01:40
 Subject: Re: Can a seller retaliate for a canceled order?
 Viewed: 69 times
 Topic: Buying
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

Brickwilbo (1534)

Location:  Netherlands, Gelderland
Member Since Contact Type Status Collage
Oct 24, 2007 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
View Collage Pic
Store Closed Store: Brickwilbo Betuwe Bricks
BrickLink Discussions Moderator (?)
In Buying, amvdamian writes:
  Can a seller retaliate by leaving me negative feedback for a canceled order (due
to NSS)?

No, feedback will be removed automatically after completing the NSS.

  
Background:
I placed an order, and status has not changed in over a week. His terms say not
to email him.
I send follow up emails nonetheless, but of course no response. I file a NSS.

He then responds and says that he "thinks" (his exact wording) that the order
went out. (My other orders I placed after this transaction from elsewhere have
all arrived). I then said I want a cancelation/ refund.
He comes back and asks me to remove the NSS first, because the system reportedly
is preventing him to do anything. He is also instructing me to file OCR instead.
(I believe I would have to remove the NSS, then file a cancelation. In which
case it would look like I was the one defaulting on the transaction.)

It's nonsense.
After receiving the refund you should cancel the NSS.
The seller corrected the issue.
If not refunded, complete the NSS and you can cancel the order.

  
I've had a similar situation in the past where the seller refunded me through
PayPal, then I removed the NSS.

However, this guy is saying I should not listen to anyone in the forum, and he
is threatening to have "Admin" involved.

That's a good one. 😉

  
I believe I am well within my right to file the NSS, as the waiting period lapsed
and no service was rendered in exchange for the money received from me.

Here's the help page https://www.bricklink.com/help.asp?helpID=110
 Author: yorbrick View Messages Posted By yorbrick
 Posted: May 8, 2021 03:35
 Subject: Re: Can a seller retaliate for a canceled order?
 Viewed: 68 times
 Topic: Buying
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

yorbrick (1182)

Location:  United Kingdom, England
Member Since Contact Type Status
Apr 11, 2011 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Yorbricks
In Buying, amvdamian writes:
  Can a seller retaliate by leaving me negative feedback for a canceled order (due
to NSS)?

Background:
I placed an order, and status has not changed in over a week. His terms say not
to email him.
I send follow up emails nonetheless, but of course no response. I file a NSS.
He then responds and says that he "thinks" (his exact wording) that the order
went out. (My other orders I placed after this transaction from elsewhere have
all arrived). I then said I want a cancelation/ refund.
He comes back and asks me to remove the NSS first, because the system reportedly
is preventing him to do anything. He is also instructing me to file OCR instead.
(I believe I would have to remove the NSS, then file a cancelation. In which
case it would look like I was the one defaulting on the transaction.)

I've had a similar situation in the past where the seller refunded me through
PayPal, then I removed the NSS.

However, this guy is saying I should not listen to anyone in the forum, and he
is threatening to have "Admin" involved.

I believe I am well within my right to file the NSS, as the waiting period lapsed
and no service was rendered in exchange for the money received from me.

Reply saying "Please involve the admins".
 Author: peregrinator View Messages Posted By peregrinator
 Posted: May 8, 2021 06:29
 Subject: Re: Can a seller retaliate for a canceled order?
 Viewed: 77 times
 Topic: Buying
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

peregrinator (764)

Location:  USA, New Jersey
Member Since Contact Type Status
Jan 21, 2003 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Faber Family Bricks
In Buying, amvdamian writes:
  Can a seller retaliate by leaving me negative feedback for a canceled order (due
to NSS)?

If the NSS is completed any negative feedback for the order would be removed.

  I've had a similar situation in the past where the seller refunded me through
PayPal, then I removed the NSS.

Right, refund, then remove the NSS, then the order can be cancelled (which is
really something to help the seller, since he or she then wouldn't have to
pay BrickLink fees on the order; from the buyer's standpoint it doesn't
really matter once the refund has been received).
 Author: amvdamian View Messages Posted By amvdamian
 Posted: May 8, 2021 11:29
 Subject: Re: Can a seller retaliate for a canceled order?
 Viewed: 49 times
 Topic: Buying
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

amvdamian (463)

Location:  USA, Washington
Member Since Contact Type Status
Nov 28, 2020 Contact Member Buyer
Buying Privileges - OK
In Buying, peregrinator writes:
  In Buying, amvdamian writes:
  Can a seller retaliate by leaving me negative feedback for a canceled order (due
to NSS)?

If the NSS is completed any negative feedback for the order would be removed.

  I've had a similar situation in the past where the seller refunded me through
PayPal, then I removed the NSS.

Right, refund, then remove the NSS, then the order can be cancelled (which is
really something to help the seller, since he or she then wouldn't have to
pay BrickLink fees on the order; from the buyer's standpoint it doesn't
really matter once the refund has been received).

Seller is now saying that if I don't remove the NSS, he WILL SEND my order
(I guess because he knows I don't want it anymore?)

And I actually don't need it anymore because I already sourced the parts
from elsewhere.

In such case that he does send it out, do I still have the right to cancel?
 Author: yorbrick View Messages Posted By yorbrick
 Posted: May 8, 2021 11:36
 Subject: Re: Can a seller retaliate for a canceled order?
 Viewed: 51 times
 Topic: Buying
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

yorbrick (1182)

Location:  United Kingdom, England
Member Since Contact Type Status
Apr 11, 2011 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
Store: Yorbricks
  Seller is now saying that if I don't remove the NSS, he WILL SEND my order
(I guess because he knows I don't want it anymore?)

And I actually don't need it anymore because I already sourced the parts
from elsewhere.

In such case that he does send it out, do I still have the right to cancel?

If he can prove he has sent it, then BL will cancel the NSS. Whether you have
the right to cancel an order that you paid for and has been sent to you is down
to your local laws.
 Author: tEoS View Messages Posted By tEoS
 Posted: May 8, 2021 18:38
 Subject: Re: Can a seller retaliate for a canceled order?
 Viewed: 71 times
 Topic: Buying
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

tEoS (5297)

Location:  USA, Michigan
Member Since Contact Type Status
Dec 24, 2002 Contact Member Seller
No Longer RegisteredNo Longer Registered
Store Closed Store: The Elements Of Surprise
No Longer Registered
Is it the seller mentioned here by chance:
https://www.bricklink.com/message.asp?ID=1268583

Personally, I think you deserve a non-positive feedback. (though you would not
have been in this situation when buying from me)

In Buying, amvdamian writes:
  Can a seller retaliate by leaving me negative feedback for a canceled order (due
to NSS)?
 Author: amvdamian View Messages Posted By amvdamian
 Posted: May 8, 2021 20:16
 Subject: Re: Can a seller retaliate for a canceled order?
 Viewed: 57 times
 Topic: Buying
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

amvdamian (463)

Location:  USA, Washington
Member Since Contact Type Status
Nov 28, 2020 Contact Member Buyer
Buying Privileges - OK
In Buying, tEoS writes:
  Is it the seller mentioned here by chance:
https://www.bricklink.com/message.asp?ID=1268583

Personally, I think you deserve a non-positive feedback. (though you would not
have been in this situation when buying from me)

In Buying, amvdamian writes:
  Can a seller retaliate by leaving me negative feedback for a canceled order (due
to NSS)?


I still believe that BL is not the black market where any rule goes. Certain
standards have to be followed (and the law of the land prevails as with one previous
response.)

Thanks again for your post, I will keep in mind to avoid transactions with you.
Grandstanding.
 Author: amvdamian View Messages Posted By amvdamian
 Posted: May 8, 2021 20:14
 Subject: Re: Can a seller retaliate for a canceled order?
 Viewed: 39 times
 Topic: Buying
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

amvdamian (463)

Location:  USA, Washington
Member Since Contact Type Status
Nov 28, 2020 Contact Member Buyer
Buying Privileges - OK
In Buying, amvdamian writes:
  Can a seller retaliate by leaving me negative feedback for a canceled order (due
to NSS)?

Background:
I placed an order, and status has not changed in over a week. His terms say not
to email him.
I send follow up emails nonetheless, but of course no response. I file a NSS.
He then responds and says that he "thinks" (his exact wording) that the order
went out. (My other orders I placed after this transaction from elsewhere have
all arrived). I then said I want a cancelation/ refund.
He comes back and asks me to remove the NSS first, because the system reportedly
is preventing him to do anything. He is also instructing me to file OCR instead.
(I believe I would have to remove the NSS, then file a cancelation. In which
case it would look like I was the one defaulting on the transaction.)

I've had a similar situation in the past where the seller refunded me through
PayPal, then I removed the NSS.

However, this guy is saying I should not listen to anyone in the forum, and he
is threatening to have "Admin" involved.

I believe I am well within my right to file the NSS, as the waiting period lapsed
and no service was rendered in exchange for the money received from me.

I stood my ground, and this guy contacted Admin hoping they would side with him.

In the end, he actually processed the refund, and I retracted the NSS, as per
BL guidelines. He was kind enough to share the response of that "Admin"...

"...The correct NSS procedure is that the seller ships the order OR refunds the
payment, then the buyer should cancel the NSS or if he doesn't the seller
shows Admin proof of refund or shipping then the seller will not receive a strike..."

PayPal sent me a notice stating that they ruled in my favor. (I filed a separate
PayPal case).
 Author: Brickwilbo View Messages Posted By Brickwilbo
 Posted: May 9, 2021 05:33
 Subject: Re: Can a seller retaliate for a canceled order?
 Viewed: 42 times
 Topic: Buying
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

Brickwilbo (1534)

Location:  Netherlands, Gelderland
Member Since Contact Type Status Collage
Oct 24, 2007 Contact Member Seller
Buying Privileges - OKSelling Privileges - OK
View Collage Pic
Store Closed Store: Brickwilbo Betuwe Bricks
BrickLink Discussions Moderator (?)
In Buying, amvdamian writes:
  In Buying, amvdamian writes:
  Can a seller retaliate by leaving me negative feedback for a canceled order (due
to NSS)?

Background:
I placed an order, and status has not changed in over a week. His terms say not
to email him.
I send follow up emails nonetheless, but of course no response. I file a NSS.
He then responds and says that he "thinks" (his exact wording) that the order
went out. (My other orders I placed after this transaction from elsewhere have
all arrived). I then said I want a cancelation/ refund.
He comes back and asks me to remove the NSS first, because the system reportedly
is preventing him to do anything. He is also instructing me to file OCR instead.
(I believe I would have to remove the NSS, then file a cancelation. In which
case it would look like I was the one defaulting on the transaction.)

I've had a similar situation in the past where the seller refunded me through
PayPal, then I removed the NSS.

However, this guy is saying I should not listen to anyone in the forum, and he
is threatening to have "Admin" involved.

I believe I am well within my right to file the NSS, as the waiting period lapsed
and no service was rendered in exchange for the money received from me.

I stood my ground, and this guy contacted Admin hoping they would side with him.

In the end, he actually processed the refund, and I retracted the NSS, as per
BL guidelines. He was kind enough to share the response of that "Admin"...

"...The correct NSS procedure is that the seller ships the order OR refunds the
payment, then the buyer should cancel the NSS or if he doesn't the seller
shows Admin proof of refund or shipping then the seller will not receive a strike..."

Good to know my help is appreciated.
The NSS help-page: https://www.bricklink.com/help.asp?helpID=2148

  
PayPal sent me a notice stating that they ruled in my favor. (I filed a separate PayPal case).

Hope you refunded the 2nd refund made by Paypal and informed Paypal the issue
was solved.
 Author: amvdamian View Messages Posted By amvdamian
 Posted: May 9, 2021 11:44
 Subject: Re: Can a seller retaliate for a canceled order?
 Viewed: 40 times
 Topic: Buying
Cancel Message
Cancel
Reply to Message
Reply
BrickLink
ID Card

amvdamian (463)

Location:  USA, Washington
Member Since Contact Type Status
Nov 28, 2020 Contact Member Buyer
Buying Privileges - OK
In Buying, Brickwilbo writes:
  In Buying, amvdamian writes:

  
PayPal sent me a notice stating that they ruled in my favor. (I filed a separate PayPal case).

Hope you refunded the 2nd refund made by Paypal and informed Paypal the issue
was solved.

Nothing to report further. I received an email notice from PayPal stating they
ruled in my favor, and that the case was closed. My Resolution center page has
nothing pending. Thanks for your help! That seller was just so stubborn, but
immediately complied after your advice!