PayPal credit

[sashaandsweetie]

I bought a watch on eBay. It was not as described. I suspected it was fake but I have no qualifications to make this assessment. On receipt I contacted the seller and informed PayPal credit. PayPal credit online form wouldn’t upload my photographs so I wrote that and advised that I had proof if they needed it. They simply refused my claim without asking for evidence. Then the seller agreed to refund. I posted the watch back and provided PayPal credit with proof of receipt. Still, they wouldn’t accept my claim. EBay say it’s Paypal’s decision. PayPal have come up a variety of excuses which as I have a law degree and my husband is a solicitor are simply not legally valid. Now they want me to complain to the Ombudsman. I would rather just go to court. I have more faith in a judge than the financial Ombudsman. PayPal refuse to give me a transcript of our conversations although I have most of them as screenshots. Does anyone understand why they are being so unreasonable.

[kernowlass]

@sashaandsweetie 

Firstly if you have no proof its fake then you have no basis for filing a dispute for item received but not as described.

What would photos prove? If it was the item advertised on ebay and the photo did not prove it was fake then it would be useless proof?

Secondly if the seller accepted a refund then they can just go ahead and refund, you don't need it to go via paypal if the seller is happy to refund you.

BUT if the seller got the item back and did not refund then you would need to supply paypal with a tracking number to prove delivery of the item back to the seller, however pointless providing tracking if your claim was refused before you returned the item.

Paypal does not generally get involved in the quality of items, if you bought a watch and received a watch then odds are the seller will win the dispute.

Item has to be significantly other than as described.

You still have the option of the small claims court if the seller is in the same country as you OR if you funded your paypal payment via a credit card then try them for a chargeback?

[sashaandsweetie]

Re:photos proving something is fake/not as advertised. There was a clear defect in the watch. The gold gilt was worn off most of the wristband. It looked cheap and nasty. This is not typical of a genuine watch but also the photos proved that the watch in the seller’s photos was not the watch sent to me. Or the lighting in the photos was used to hide the defect which was obvious on the photos that I took of the watch. Secondly, the seller was keen to receive the watch as a return on receipt of my complaint. The watch was tracked and insured (the seller didn’t track the watch or insure it when it was sent to me for the princely postage sum of just over £2?! - clearly the seller didn’t consider it worth the correct postage to protect from risk of loss) I provided tracking details to PayPal. Paypal refused my claim before the watch had even been returned to the seller and without even requesting proof of tracking. What you are saying is that PayPal guarantee is worth zero protection and PayPal would prefer the customer to take the the rogue seller to court, whilst paying PayPal for a void sale. I suppose it saves PayPal the trouble of honouring their ‘guarantee’ but it’s not what they advertise as their ‘customer protection guarantee’. I contacted Ebay who sent me a transcript of our ‘conversation’. In this transcript, eBay state that they don’t understand why PayPal are not cancelling the sale and that having reviewed the evidence I sent them, they ‘wished’ they could refund but their hands were tied as PayPal is the source of the funds and the seller has no means of refunding directly to PayPal credit?!?!?! The seller seems to be nervous that if he refunds me directly, how can he be sure that I will refund the money to PayPal. Therefore PayPal would have a claim on him to refund again! Let PayPal take me to the small claims court. I will be happy to ask a judge to look at the case. My husband is a solicitor so it won’t even cost me to defend the action. I hope the resulting publicity warns other PayPal customers with regard to PayPal credit and their customer ‘guarantee’.

[sashaandsweetie]

Paying by PayPal and paying by PayPal credit are two very different things. Paying by PayPal is PayPal using your money to pay the seller. Therefore you can apply to your bank/credit card for protection. PayPal credit uses Paypal’s money to pay the seller and then you have interest free monthly payments to make. If a sale is void, PayPal has to protect the customer as the customer has followed PayPal advice to return the defective product by tracking to prove receipt and acceptance by the seller. They can’t use administrative shenanigans and unfair contract terms to duck their contractual responsibilities.

[kernowlass]

@sashaandsweetie 

Suggest you actually read the section on buyer protection in paypals user agreement that you quote so wrongly in your replies.

Also in the future paragraphs may help folks read your replies, I gave up on it.

As for the contractual obligation that is one that you are committed to as well when you signed up to open a paypal account and agreed with the terms of the user agreement.