buyer to pay postage for returning faulty goods

[colcarry]

Why should I have to pay return postage[must have tracking number] for item which I received faulty and unusable?  Already paid postage to have the b/ thing delivered,

[debbyjg1]

Easy solution if goods are faulty or not as ordered andpaypal finds in buyers favour any seller must provide a pre paid tracked returns label. If they dont within a reasonable time then they want the customer to dispose of the item. Easy no extra funds taken and a proof of posting back for seller and buyer no more scams from sellers out of the uk. 

[steve098]

Paypal_Lucy

You are wrong !!

The LAW is very clear on this and Paypal requesting buyers to pay return postage is in breach of the law be it the sale of goods act 1979 or the new consumer rights act 2015.

So now explain why you think Paypal can impose ILLEGAL terms on buyers or do you recommend all buyers who you do this to take you to court till the legal system throw the preverbial b ook at Paypal.

[melarishi]

I can understand that Paypal cannot take money from seller that the buyer has not paid to the seller. However, the seller still needs to comply with the law and Paypal can help here. How? Simple. If the seller refuses to pay return postage, and the buyer shows Paypal where the seller refused, along with proof that the item is faulty, Paypal should just refund the money without requiring buyer to return the item. The seller in this case broke the law, and the item was proven to be faulty, so it is perfectly okay for Paypal to refund the money.

It's easy enough to prove an item is faulty by making a video. No need to send item back.

[steve098]

Just had this same issue with Paypal who want me to pay for return postage for an item they have accepted is not fit for purpose.

Their answer re postage was I had to claim that back seperatly from the seller. So why bother posting it back open a small claims case and site Paypal for breach of contract as well ( buyer protection) and as an accessory to the breach of the sale of goods act 1979.

They did say they are not like a credit card or bank re chargeback etc so THANKYOU Paypal I will visit my branch and instigate a chargeback against you under the sale of goods act, and thankyou so much for the email confirming my claim for goods not as described to back up that claim.

Do you think I or anyone else here cares if you are out of pocket ? Nope ! we don't we care about the LAW ! maybe you should as well.

All I requested was a partial refund as is my right under said LAW  yet you say you can not do that, ok lets hope the bank claim all the money from you and you are left out of pocket, but hey I suppose then you will find a way to claim from the company.

You have responsabilitys for all transactions involving Paypal because it is a service being paid for be it by the seller or the buyer

When you provide a service and recieve payment you enter a contract ( in this case as most a three way contract between yourself the seller and the buyer ) Every aspect of that contract has to observe the Law in the country of the buyer maybe you need to employ solicitors who actually can read so they can inform you of this little minor detail .

Lastly your representative on the phone said you can not do a partial refund yet have seen this done and read many articles online of this being done. You can do a partial refund as you are observing the LAW but I accept you do need to inform the seller that this will be done if they do not act and sort out the problem. The seller has the option to agree to partial refund, dispute the case, or do nothing and loose by default. They would not be able to challenge Paypal decision as to do so would be to dispute the law.

[steve098]

Follow up to my post

I GOT MY MONEY BACK PLUS A BIT EXTRA !

Paypal broke the sale of goods act 1979  if they try this withme again I will take legal action. Quite simply if the seller refuses to pay return postage Paypal have a LEGAL duty to refund the full cost plus postage and then if the seller wants the item back they must then send funds to the buyer to do so or arrange at the buyers convenience to have it collected.

I sent one final letter to the company with a copy of a draft outline for starting legal action and a date this will happen if they did not comply with the law. I said do you really want me to fill this in send it off and you incure additional costs plus I would charge for every letter, email from that point on. To the companys credit  I got the refund to make good the item ie parts missing that made it not fit for purpose.

THAT IS THE LAW !!

It is such a shame a company as big as Paypal can only employ incompetent idiots in it;s legal team.

Paypal are not the law and you can sue them for being a party to the breach.

[sampy]

Dear Steve098

Would you be willing to pm me a template of your letter to Paypal, I'm in a difficut situation and have had a case closed in the sellers favour after returning faulty goods to China  - foolishly without a tracking number although, after many ultimatum emails, the seller acknoledged the receipt of the item. Een so, Paypal refuse to refund me even though I have offered the evidence many times. Please help - I've lost nearly £200 including the return postage.

Would really appreciate a rough draft of a kiler letter that I could edit a bit with my own info. Let me know if you can and I'll give you my email.

Thanks and well done for getting your money back

Sampy

[steve098]

Hi

Though I won my case with Paypal ie they upheld my claim they wanted me to send item back at my cost. I refused to do this as I wanted the item made good which I bought from  CEX online. It was them ( CEX ) that one final letter saying next was going to be to the court finally made them observe the law.

Best templates are on moneysaving expert if you need any, but for this all I did was copy/paste the relevent section of the sale of goods act ( it is now the consumer rights act 2015 ). Items bought before Oct 2015 are under the sale of goods act but check as you may be able to use the newer with even better online protection.

I have another case with Cash Converters at Fulham and head office which again I have won as I made them collect the item and have an email that the refund has been done but may take 5-10 days. Nothing showing on Paypal yet but hey if Cash Converters want bad press and legal costs who am I to stop them.

Read the consumer rights act arm yourself and stick to the letter of the act and sod criminal companies who think they are above the law. Let them have their day in court if that is what it takes because the more of us that stand up to them the sooner they will become decent companies.

Good luck 🙂

[yvefinn]

I have just had a refund awarded by PayPal but only after I phoned & told them the cost of return postage was 3 X the value of the items received 

.

I was told that as this was my first ever claim they could refund this once .

Let me tell you all what happened.

I ordered two items on the understanding delivery would be within  10 -14days on the 13 th day I received an email from seller saying they would not be shipping for at least another two weeks are they were going on holiday.

I immediately emailed them back saying sorry this is not acceptable  as my order was due to  the fast delivery promised, and that I no longer wanted the goods but a full refund.

I got automated responses for the next two weeks, then another email saying sorry for the delay we have now shipped.

I emailed them  back saying I had emailed cancelling the order again & again automated responses., till finally involving PayPal.

The day after the items arrived & were of terrible quality & tiny made making the unwearable.

This is when Paypal said to send item back in order to get a refund & as I said it was costing 3x as much as I spent.

The point is I did nothing wrong but if the same thing was to happen I think it is clear PayPal will not find in my favour no matter the evidence,  the sole reason of a shady seller ignoring my emails.

I have also warned PayPal this company also work under several didny names.

Ive been with PayPal a long time I won't be for much longer.

Buyer Protection I think not. What happened to Consumer Rights