Resolution centre, opening a closed case when new information comes to light.

[Gzl]

I had an issue with a retailer in the first week and opened a case. The retailer contacted me and asked me to close the case as they would help me fix the problem with the product. I closed the case. The problem was not fixed by a software download and they kept insisting the next update would do it, it didn’t. I then found out that the item was not registered to them by the manufacturer and therefore they should not have sold it. I realised at this time that I may have been sold a defective/repaired product or a parallel import. I have passed the 180 days and PayPal will not allow me to reopen the case and the retailer will not answer emails or the phone. Surely PayPal has an obligation to send me a refund or help pressurise the retailer?

[Brandon-P]

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@Gzl wrote:

I had an issue with a retailer in the first week and opened a case. The retailer contacted me and asked me to close the case as they would help me fix the problem with the product. I closed the case. The problem was not fixed by a software download and they kept insisting the next update would do it, it didn’t. I then found out that the item was not registered to them by the manufacturer and therefore they should not have sold it. I realised at this time that I may have been sold a defective/repaired product or a parallel import. I have passed the 180 days and PayPal will not allow me to reopen the case and the retailer will not answer emails or the phone. Surely PayPal has an obligation to send me a refund or help pressurise the retailer?

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Hi @Gzl,

PayPal adopt the same approach as a bank, but has a more streamlined service than the traditional chargeback process. As 180 days has passed since the transaction took place, there is no obligation for PayPal to investigate your claim or reimburse you.

The business which sold the item is responsible under consumer law for the statutory warranty period. After 6 months, they can refuse a full refund, on the grounds of fair use, however should still make a reasonable effort to resolve any fault or defect.

If they are unable to repair the item, a partial refund should be offered in lieu.

As I do not know the name of the business or their policies, I will not comment further on that. However, I can confirm that PayPal are out of the equation now and the dispute is between the concerned business and yourself.

[Gzl]

Kudos, I take your point in terms of 180 days.

however I tried to re-report within  the 180 days but the automated process that PayPal uses does not allow the individual to open another case against the same retailer, and that is my point. I have diligently reported and documented all the communications with the retailer, manufacturer, wholesaler, and PayPal all within the 180 days that there was a problem. Where the grey area is, is the inability of PayPal to recognise that the dispute was never rectified and it was complicit in its regard for its inability to follow up or continue the process.

[kernowlass]

@Gzl

You would NOT be covered by buyer protection unfortunately.

Buyer protection only covers non receipt for 'virtual' items and does not cover 'received but not as described'.

As you are talking about a software down load i am presuming it was a virtual transaction??

Once you have closed a dispute you can't re-open it or open another one for the same transaction.

If you funded your paypal payment via a credit card then contact your card issuer and see if they will chargeback for you.

[Brandon-P]

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@kernowlass wrote:

@Gzl

You would NOT be covered by buyer protection unfortunately.

Buyer protection only covers non receipt for 'virtual' items and does not cover 'received but not as described'.

As you are talking about a software down load i am presuming it was a virtual transaction??

Once you have closed a dispute you can't re-open it or open another one for the same transaction.

If you funded your paypal payment via a credit card then contact your card issuer and see if they will chargeback for you.

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Hi @kernowlass,

I would assume the "product" is a computerized device of some sort - in reference to the software download; a fix for the fault experienced. As their transaction was made more than 180 days ago, the chance to file a chargeback via the bank is no longer feasible.

VISA have a massive window for a chargeback, however most financial institutions will not extend to such lengths.

[kernowlass]

@Brandon-P

Not true...........

The rules set by Visa, chargeback and American Express only usually give you 120 days to get a claim in – and the clock usually starts ticking when you first notice a problem though it will depend on the type of situation.

[Brandon-P]

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@kernowlass wrote:

@Brandon-P

Not true...........

The rules set by Visa, chargeback and American Express only usually give you 120 days to get a claim in – and the clock usually starts ticking when you first notice a problem though it will depend on the type of situation.

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Hi @kernowlass,

The statement that I made is based on this part of their OP:

"I had an issue with a retailer in the first week and opened a case."

Therefore, I advised them that a chargeback would not be feasible. They could lie about the date of discovery, however the retailer could debunk this with informing the bank about the original dispute, which was in the first week of their item's purchase > more than 120 days ago.

The OP has not confirmed whether the item is digital or not, the software download could have been an OTA fix for a physical laptop for example, therefore at this time, we do not know for certain whether they were covered by the protection scheme.

[Brandon-P]

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@Gzl wrote:

Kudos, I take your point in terms of 180 days.

however I tried to re-report within  the 180 days but the automated process that PayPal uses does not allow the individual to open another case against the same retailer, and that is my point. I have diligently reported and documented all the communications with the retailer, manufacturer, wholesaler, and PayPal all within the 180 days that there was a problem. Where the grey area is, is the inability of PayPal to recognise that the dispute was never rectified and it was complicit in its regard for its inability to follow up or continue the process.

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Hi @Gzl,

There is a limit of one (1) case per transaction - whether closed or decided by PayPal. When a dispute case is opened, PayPal expects both parties to  reach a settlement of the problem. If no settlement is reached, PayPal will step-in to make the decision for both of you.

As you decided to close the case, you relived PayPal of their responsibility to make a decision. A case closure assumes that both parties have reached a settlement. It is not recommended to close a dispute on the promise of a resolution - the buyer should ensure it is honored beforehand.

As you closed the dispute on the promise of a resolution, it is now the businesses responsibility to honor that. If you contacted PayPal Customer Service within the 180 day period to request a fresh case, there could have been a more desired outcome in this situation.

I am afraid that my previous advice remains - PayPal are not responsible to consider a claim or reimburse the item's cost. You will need to contact the retailer to ensure any previous commitment for resolution is fulfilled.

[kernowlass]

@Gzl

@Brandon-P

And my advice stands, you were not covered by buyer protection as it was a virtual / digital item.

However contact your card issuer as I have known them help way passed 180 days............if you are a good customer they have been known to help you out.

[kernowlass]

@Brandon-P

Nope but it may have been a virtual item which is why if it was i have stated they would not be covered by buyer protection.

And again they may still be covered by their credit card as the 120 days is discretionary on the c..c company.

No harm at all in them trying which is why i said 'contact' your c.c. company if they funded their paypal payment that way and 'see' if they will do a chargeback.

Having been on here for 10 years with nearly 10,000 kudos / solutions then that advice has worked very well in the past.