Taking paypal to small claims

[benny333]

Hello,

I'd like to take paypal to small claims for violating the purchase protection guarantee. I received a coat that was clearly not as described. It was supposed to be an extra small, but arrived with measurements that correspond to a large of that make and model. Paypal shut down my dispute and won't tell me why. I'd like to take this to a judge. I'm in NYC. Anyone know if it's possible?

Ben

[kernowlass]

@benny333

They have not violated their protection so good luck with any court action.

For an item received but not as described dispute to be successful the item has to be ''significantly'' other than described, and just being a bit bigger than you wanted does not qualify.

Why don't you just do what I do if i get an item that i wish i hadn't bought and just sell it on yourself.

[benny333]

3 sizes too big IS significantly not as described. I can prove that it's a large and not an XS because I found a size Large of the same coat with identical measurements to my own. I submitted this info to PayPal and they have offered no response. The paypal telephone rep refused to even give me a reason why my claim wasn't accepted. And I have a recording of that conversation. In any case, my post is not to argue the merits of the case, but rather to find out if disputes of this nature can be heard in small claims court.

[DPCreations]

There is not a legal definition of "significant".  PayPal gives examples in the section on buyer protection.

First, however, you would need to provide indisputable proof your size claim.  You would also need proof that the item you measured is the item you received from seller.  PayPal did not have a representative observe you package opening to verify the item; PayPal did not have a representative observe the seller packaging the item.  Without such proof PayPal does the best they can to determine the variation or if there was a problem.

If you want to make sure you get what you purchased in diamonds it's best to buy in-person.

[Whac-A-Mole]

is there a label on the coat,what does it say?

where did you buy it?

On ebay,then you should file on eBAY,itme not as described trump seller return policy,seller willbe made to pay return shipping.

if y ou use a credit card,file chargeback.

can you appeal ?

BTW,item not as described does not have to be significantly not as described,every goddamn excuse is now going under item not as described,including buyer remorse,since ebay and paypal do not know who is telling the truth,it is only fair you get your money back and seller get the coat back to fight another day/

I have received items back which is perfectly fine and working but buyer just file item not as described and on EBAY,i PICKED up return of a 7 lbs bronze item

[kernowlass]

@Whac-A-Mole

BTW,item not as described does not have to be significantly not as described,every goddamn excuse is now going under item not as described,i

If that was true in every case the buyer would not have lost the claim.

[Whac-A-Mole]

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@kernowlass wrote:

@Whac-A-Mole

BTW,item not as described does not have to be significantly not as described,every goddamn excuse is now going under item not as described,i

If that was true in every case the buyer would not have lost the claim.

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we dont know how she files her claim?

[Whac-A-Mole]

for small claims,I believe you haev to go to CA as Paypal is in CA/