I am being conned of over £2000 for Item not as described, Claim has been opened against seller

[marie123]

Hello, After seeing an add on Ebay describing new and unused from new engines i messaged the seller to say that i was very interested in making a purchase, The seller offered me what i wanted for my car which was a brand new engine and gearbox he also assured me it was new and the same spec as he had listed on Ebay, The seller asked for my pay pal address and he sent me an invoice for just over £2000 to my account to which i paid on the understanding i would be receiving a brand new and unused from new engine and gearbox as this is what was described in the listing, The engine arrived and to my horror it was a well used unit with parts that were unusable, I straight away text the seller to tell him my concerns and he didn't want to help me, so i phoned the seller only to have him hang up the phone on me,

After reading up a little in paypal i have read that as the item was significantly not as described he said in his listing that the engine was new and the item is obviously used then i am well within my rights to open a claim against him, I am obviously very worried as i have sent him over £2000 and i have received a unit that i would not attempt to use,

I have printed of the corresponding messages we sent each other via ebay which clearly states that i was buying a new engine and gearbox to the same spec as the seller had listed on ebay, I have also printed of the sellers listing which again states that the engine is new and unused from new,

Could someone please assure me if i should win the claim i have against the seller as we are very anxious of what the outcome will be, We are very worried that we wont get our money back as it took us a very long time to save this money, My wife is very upset and has been very tearful but i have assured her that paypal will look into it and as the item is not what we agreed to buy then we will get our money back, I would be extremely grateful if you could give us your views so i can show my wife what others are saying, Thankyou for your time and kind regards

[marie123]

I received an email tonight from paypal asking me to file a fraud report with action fraud, I have done this and now i have 3 days in which i need to send a copy of the report to paypal, The report from action fraud should be sent to me within 48hrs, I have sent copies of the messages between us and the seller of the agreed item and i have also sent a copy of the listing of the item of that we agreed to buy, We are very worried that the seller may get away with our savings and my wife is extremely upset to say the least, I cannot eat and i havent eaten all day as i am worried sick, I have suffered with bouts of depression and anxiety in the past and this whole experience is proving to be getting me down, I have barely slept and i cannot eat, I just cant understand how someone can mislead a buyer in this way and send out an item that was not agreed on before the sale but instead send out an item thats probably worth 10% of the sale price knowing he is totally having us in, I am truly hoping paypal decide the claim in our favour.

[marie123]

The seller also offered us an extra upgrade with this engine a set of roller rockers for an extra £180 for wich we purchased as if the engine had what the seller had said was in the engine then the roller rockers would of been some use, Yet as the engine is not the same race spec as he listed and we agreed to purchase they are obviously no use to use without the right specification engine, We paid for the roller rockers with a second invoice that the seller sent us and so we had to open a second dispute for this item, When the engine arrived the roller rockers were attached to the used engine but the used engine did not have any of the other items attached as his listing stated it would, We have just received an email from paypal to say paypal purchase protection does not cover virtual or intangible goods which means i have instantly lost £180 as the roller rockers are of absolutely no use to us without the new engine specified in the sellers listing, The roller rockers are not virtual or intangible goods so i do not understand how paypal have come to this conclustion,

As my concerns here on the boards have not been answered by any moderators and paypal have favoured the seller for something that was not agreed i am convinced paypal will side with the seller who obviously earns ebay and paypal more money than ourselves and we are going to loose over £2000 even thou we have hard evidence to show the seller has not only sent a used item and not new and has not sent us what we agreed to purchase.

I have read other buyers stories here on the boards where they too have a crime number as well as evidence to back up there situation yet paypal have sided with the seller as he is more of a valued customer to them earning them more money, I think this is disgraceful and if paypal favour the buyer with the engine too then i shall be making a charge back on the credit card for which the items were paid for.

[marie123]

The first thing you see when you take a look in paypal for the buyer protection is this -

"When you pay with PayPal on any website, if your purchase doesn't arrive or match its description then we can help you get all your money back"
 
"Make the safer choice at checkout, choose PayPal"

"To get PayPal Buyer Protection, all you need to do is pay with PayPal. It's as simple as that. So if you pay for something and it never arrives or doesn't match the seller's description - for example if you receive the wrong item or it gets damaged in the post - then we'll give you your money back, as long as the eligibility requirements are met"

"Please note that if the seller has accurately described an item, but you’re just not happy with it, that doesn't qualify for Purchase Protection"

So you should be made to feel comfortable while making a purchase with paypal "wrong",

As this obviously stands for nothing, I am very frustrated and upset, haven't been able to sleep yet again but i bet the seller is laughing all the way to the bank,

The item i received resembles nothing like the sellers listing, It has none of the items that his listing states on the engine and that we agreed on, It is supposed to be a brand new unused from new engine with upgraded race parts and yet i have received a used poorly and partly reconditioned engine with none of the items attached that his listing states,

The seller still has these new and unused from new engines listed on ebay for the same price as i purchased mine and yet how is it i can receive an item does not match the sellers description in any way and not be protected by paypal, this whole situation is a sham i have obviously been duped and conned this is very upsetting yet it seems paypal would rather side with the seller

[marie123]

I must firstly thank paypal for deciding the case in my favour for the engine, I am yet to receive an outcome for the seconund paypal claim for £180 against the seller for the 1.5 roller rockers as paypal are waiting on more info from the seller,

The seller told paypal that i had made 2 payments for one item when in fact i first purchased the engine and then i later purchased the 1.5 roller rockers from the seller for which i received a separate invoice, If i had made 2 separate payments for 1 item then i would not of been covered by paypals buyer protection and paypal would not of refunded my money,

I think the seller knew this and did his best to try and get away with it, So beware when paying with paypal not to make more than 1 payment to pay for an item as you will not be eligible for a refund if you open a case against the seller, for instance say you purchased an item and firstly sent a deposit and then later finish making the payment you will not be covered by paypals buyer protection,

It has cost me over £120 to arrange for a freight courier to return the engine and i will be out of pocket for the return cost but at least its better this than i lose £1800 for the engine,

It would of been nice to of received some input from a moderator as i thought that this was what this community "HELP" forum was all about, I must of been mistaken, and will now think twice about sharing information on these boards as it seems some people receive no help at all from the moderators, As you can see i have posted here about this case on a few occasions and not received any help or feedback from any moderator so whats the point in sharing problems or concerns, Any way thanks again the the paypal recovery team for helping me with my case i just wish the paypal representatives here on the forum could of been bothered to reassure or help me when i needed it.