Paypal - Bad Experience

kevinmcc

Hi. Was hoping for some advice. I bought a handbag as a gift on eBay and used Paypal to pay for it. Anyway the bag came and was badly damaged, strap broke and material torn. In it was a note from An Post to say sorry it got damaged in transit. I took photos of the bag and forwarded them to the seller. They said that they would refund me if I returned the bag at my expense. I claimed there was no point, as it was clearly not usuable or repairable as per the photos I provided. I escalated it to Paypal, they said as per their policy I would have to return it. So I sent it back via Royal Mail Signed For. It's basically lost, the last thing it shows is that it has been passed to the overseas postal service. USPS website shows that they are awaiting the package. As it never moved, Paypal have closed the case in favour of the seller. I am now out almost 90 dollars on top of the 14 pounds to return the package. Unfortuantely the insurance amount I will get back from Royal Mail is very small and I have to wait another 2 weeks before they will start an investigation.

I contacted AIB to ask them if they could recover the money from paypal, and they said they could dispute it, that I have to send in a letter and evidence. How likely do you think it is that I will be able to get the money refunded?

jor el

kevinmcc wrote: »

I contacted AIB to ask them if they could recover the money from paypal, and they said they could dispute it, that I have to send in a letter and evidence. How likely do you think it is that I will be able to get the money refunded?

In this case, that would be a waste of time. You should have ensured that the package was adequately insured before posting it, so it's pretty much your own fault. Paypal have no choice but to close this one, because you have failed to return the item.

RasTa

Your beef should be with the postal service and not PayPal btw.

Max Power1

+1 The onus is on the sender (you in this case) to prove delivery.

If not, paypal cant close the dispute in your favour. You will need to file a "non delivery" claim with an post.

FYI, banks tend not to dispute transactions where paypal is involved (they have been known to do so on occasion though)

J_Wholesale

Actually, the Distance Selling Regulations allow you to change your mind within 7 days, and request a refund, irrespective of whether the bag was damaged or not. The retailer then has 30 days to refund you, and he cannot insist that the goods be returned to him before issuing the refund.

The refund within 30 days and the timely return of the goods are not linked. The refund must happen within 30 days regardless.

jor el

J_Wholesale wrote: »

Actually, the Distance Selling Regulations allow you to change your mind within 7 days, and request a refund, irrespective of whether the bag was damaged or not. The retailer then has 30 days to refund you, and he cannot insist that the goods be returned to him before issuing the refund.

The refund within 30 days and the timely return of the goods are not linked. The refund must happen within 30 days regardless.

Completely wrong. Under distance selling regulations, you must return the goods (at your own cost) before any refund will be given. The goods must be in the same condition that you received them. This does not apply in this case though, because the goods are not fit for purpose, so it is not being returned under the distance selling regulation.

Distance selling only applies to consumers buying from a business, which may not be the case on eBay. Neither eBay nor Paypal will care about this regulation either, and will not require a seller (business or private) to allow for returns under it.

And finally, none of this applies to a US based seller anyway, as distance selling regulations only apply in the EU. Please don't muddy a thread with irrelevant and inaccurate information in future.

J_Wholesale

jor el wrote: »

Completely wrong. Under distance selling regulations, you must return the goods (at your own cost) before any refund will be given. The goods must be in the same condition that you received them. This does not apply in this case though, because the goods are not fit for purpose, so it is not being returned under the distance selling regulation.

Distance selling only applies to consumers buying from a business, which may not be the case on eBay. Neither eBay nor Paypal will care about this regulation either, and will not require a seller (business or private) to allow for returns under it.

And finally, none of this applies to a US based seller anyway, as distance selling regulations only apply in the EU. Please don't muddy a thread with irrelevant and inaccurate information in future.

I didn't see the USPS part, assuming that "sent it back via Royal Mail Signed For" meant the supplier was in the UK, not the USA.

If he had been in the UK, then the relevant section from the UK OFT document that I based what I said on was:

When do I have to refund a consumer’s money if they cancel
an order?

3.46 As soon as possible after the consumer cancels, and in any case
within 30 days at the latest. You must refund the consumer’s money
even if you have not yet collected the goods or had them returned to
you by the consumer. You cannot insist on the goods being received
by you before you make a refund. See also paragraph 3.64.

The document was here: http://www.oft.gov.uk/about-the-oft/legal-powers/legal/distance-selling-regulations/


You have a nice day.

jor el

It still doesn't apply to a US based seller, nor will it really apply to an eBay sale anyway. Even if it did, it's the wrong legislation to return a faulty item under, as distance selling only applies to situations where the buyer changes their mind, not to faulty items.

Max Power1

If you want to pursue a refund under the DSR, you will have to do so independantly of the Paypal/ebay dispute system. The paypal/ebay offered resolution process is in addition to, and does not replace, your rights under the DSR.