Credit Card Chargeback - Expensive Item Failed After 2 Months

Worrybug85

Hi all. This is a long shot I know but I'm hoping you can help. Thanking you again for your help in the previous thread.

This thread stems from a previous thread titled 'Returned Item which was Damaged on Receipt - Seller Reporting me to UK Police?' (can't post links as account is new) but I hope the mods will let me post this follow up as the question has changed. Apologies if it's not allowed!

In summary of the above - I recently bought a pair of earphones from a fairy reputable UK site with a turnover of about €100k per annum. After two months the headphones failed, despite minimal use, and I sent them back to the site who agreed they were faulty and sent out a replacement. The replacement was dead on arrival so I contacted the seller again and asked for a refund on this occasion. The seller asked again for the original item to be returned - which I did.

The seller then told me the item I sent back had been damaged by me but as a 'goodwill gesture' would send me out another replacement. I was shocked firstly that he accused me of breaking the item and again politely declined the replacement as I had been without earphones for long enough and sourced another set, instead asking for a refund. I was later accused of fraud and would be reported to police.

As I paid by Bank of Ireland Credit Card via PayPal I escalated a dispute but PayPal came back and told me they can't refund me as this is a 'warranty matter' and advised me to liaise with my credit card issuer.

I've filled in the necessary paperwork with Bank of Ireland and submitted it but I'm wondering - will BOI authorise a chargeback on this? I'm upset with how I've been treated by the seller, especially given the accusations made; and by PayPal in that they wiped their hands of the whole thing despite the item costing a significant amount of money and only lasting 2 months - with a 2nd pair that didn't even work on arrival. I couldn't waste another process of weeks and the cost of postage, yet again, to return the third set if it's also not working.

The seller now has the broken pair, and payment. Will Bank of Ireland allow a chargeback in this case or will I have to resort to the EU Small Claims court?

Thanks for your help again.

Sincerely

WB85

runawaybishop

This isn't a warranty issue. Tell PayPal to issue a refund as you have returned faulty goods and would like your money back now.

Worrybug85

runawaybishop wrote: »

This isn't a warranty issue. Tell PayPal to issue a refund as you have returned faulty goods and would like your money back now.

Hi runawaybishop. Thank you for the reply. I phoned PayPal as soon as I was notified - they told me that their Buyer Protection only covers the item being damaged on arrival and not after receipt. I disputed this saying the item is not as described and not fit for purpose as, had the item not been faulty, one would expect the item to last longer. Also the seller acknowledged the fault.

They didn't want to entertain me at all so was left very disappointed. I was always lead to believe you were given protection by using PayPal but was seriously let down.

Sleeper12

runawaybishop wrote:

This isn't a warranty issue. Tell PayPal to issue a refund as you have returned faulty goods and would like your money back now.

PayPal don't cover this at all.

Worrybug85

Sleeper12 wrote: »

PayPal don't cover this at all.

Thank you for the reply Sleeper. I'm wondering will BOI/Mastercard think the same thing?

If so - does the European Distance Selling Directive still apply to the UK considering they're meant to still be aligned until year end?

Sleeper12

Worrybug85 wrote:

Thank you for the reply Sleeper. I'm wondering will BOI/Mastercard think the same thing?

No one here can answer this. It depends on what they believe. You say it's faulty and the retailer says that you damaged it. I'm not suggesting that you are at fault but you are asking the bank to decide. From their point of view the retailer exchanged after two months & offered a replacement again this time.

If it were an Irish retailer then small claims court would be the best option

Worrybug85 wrote:

If so - does the European Distance Selling Directive still apply to the UK considering they're meant to still be aligned until year end?

Yes it does until the end of this year at least.

runawaybishop

Sleeper12 wrote: »

PayPal don't cover this at all.

Yes they do, they will force a refund of a seller is slow to do so themselves. I've done it myself with a faulty product and a slow seller.

Sleeper12

runawaybishop wrote:

Yes they do, they will force a refund of a seller is slow to do so themselves. I've done it myself with a faulty product and a slow seller.

OP can open a paypal dispute. OP can escalate the dispute to a claim but PayPal rule on it. It is a warranty issue and not covered by PayPal protection.

OP received their goods. Goods arrived in working order. After two months its a warranty issue.

"What is PayPal Buyer Protection and how am I covered?
When buyers pay with PayPal on any website, PayPal Buyer Protection covers them in case there is a problem. If an item doesn’t arrive or is significantly not as described, we will help buyers get a full refund."

Varik

Distance Selling isn't a catch all protection, it's to give the same access as you'd have in a store before you bought it.

It doesn't give additional protection if the goods faulty which would be covered already.

runawaybishop

Sleeper12 wrote: »

OP can open a paypal dispute. OP can escalate the dispute to a claim but PayPal rule on it. It is a warranty issue and not covered by PayPal protection.

OP received their goods. Goods arrived in working order. After two months its a warranty issue.

"What is PayPal Buyer Protection and how am I covered?
When buyers pay with PayPal on any website, PayPal Buyer Protection covers them in case there is a problem. If an item doesn’t arrive or is significantly not as described, we will help buyers get a full refund."

Its not a warranty issue, the goods are faulty. Not sure why paypal are even mentioning the warranty. OP has returned the item now the seller isn't refunding, nothing to do with a warranty.

Former Former

If I understand it... you paid via PayPal, and used your Credit Card to put funds into your PayPal account?

In this instance, BOI's transaction is with PayPal, not the seller, so I don't think a chargeback is possible.

Spocker

Former Former wrote: »

If I understand it... you paid via PayPal, and used your Credit Card to put funds into your PayPal account?

In this instance, BOI's transaction is with PayPal, not the seller, so I don't think a chargeback is possible.

You can't do this anymore, you can only add funds to PayPal via Bank Transfer, so the OP would have paid via PayPal, using their CC

Worrybug85

Spocker wrote: »

You can't do this anymore, you can only add funds to PayPal via Bank Transfer, so the OP would have paid via PayPal, using their CC

That's right. I paid via PayPal with my card. I don't think I've ever tried to add money to PayPal via CC, but I can see why you're not able to do it anymore.

Thank you for the advice so far everyone. I'm hoping I'll get some sort of recourse.

Worrybug85

Just to update here. I received notification from the bank that the chargeback has been approved. It only took 7 days when they state that it normally takes up to 30 days - so great news.

Also - I got an unexpected e-mail from PayPal stating

"We Can't Investigate or Decide This Case.

You filed this dispute with your bank or credit card company, and not with PayPal. We can't provide additional details or updates on this claim because we don't have access to your bank's investigation details.

Please Contact Your Bank or Credit Card Company

You will need to contact your bank or credit card company directly for additional information and final resolution on this claim. If you want to cancel this claim you will also need to contact your bank or credit card company directly (clicking Cancel case in the PayPal Resolution Center won't cancel the claim with your bank or credit card company).

Thanks,

PayPal"

I take it this is a routine e-mail as I hadn't sought any information from them in respect of the chargeback - but does it mean that Bank of Ireland/Mastercard aren't making them privvy to my claim? Correct me if I'm wrong but I do find that interesting!

Either way - I'm hoping this is the end of it, and if so, I'm grateful to BoI/Mastercard considering this in my favour.

Thank you all for your help in this. Hopefully there won't be another chapter!