Wrong item received - PayPal dispute

[em30]

Hello all.

So first thing first. I purchased a mobile phone from a well known company on eBay (5000+ neg/neutral feedback per month) and I was sent a book (I've checked and they do stock this item). I spoke to the company through eBay messages and they asked for details but they just basically replied "Thanks for the details, if you need anything else feel free to message us" which left me with no option to initiate a return.

I sent in the return and several days after it had been delivered, I asked eBay to step in because the company wouldn't reply to me at all, hoping that eBay could force them into replying. Instead, they told me to get a police report and report the company. I explained this to my local police department and they basically said "No crime took place, they've simply mistakenly sent you a different item in which they stock, we cannot provide you with a police report due to this fact".

So, I decided to take it to PayPal. After several days of waiting and supplying all the evidence, PayPal have basically told me that they can't force through a refund, even though all the evidence is in my favour because I RETURNED the item before I opened the PayPal case. I explained to them that I returned it via eBay and I've stuck to all the guidelines and done everything that has been asked of me.

They then basically told me and admitted that they don't have the power to initiate a refund and if the company choose to ignore PayPal for the next 10 days and not take responsibility for the return of the wrong item, the company will win the case. I was then informed that I should take it to court because they believe that I have a strong case.

Is there anything else I can do via PayPal to get them to refund? I suffer with mental health and believe me, I don't want to have to deal with the stress of courts. It is however a £800 item and I refuse to just let a company steal from me.

I've never had a single return in several years of ordering on PayPal OR eBay.

Any help would be appreciated.

Thank you.

[kernowlass · Accepted solution]

@em30 

If you funded your paypal payment via a credit card (a must in my opinion especially for pricy items) then contact your card issuer for a chargeback?

If not and you have trackable proof of the return back to the seller etc then maybe small claims court action?

[em30]

Thanks for the reply.

I paid through PayPal but my 'debit card' was charged, if you know what I mean? I don't own a credit card. I really want to avoid Small Claims Court as it costs money and takes too much time.

Could I do a bank chargeback instead?

Thank you.

[kernowlass]

@em30 

Talk to your bank, unlikely with a debit card.

[em30]

Just to update;

PayPal were nice enough to extend the date of the claim and the company in question FINALLY accepted that they had made a mistake and refunded me.

So case closed.

[SAB0109]

Just saw this in researching my own issue, but thought I'd offer this as a post script!

I am in Australia so speaking from Australian experience.  As I understand it, a debit card or credit card are both umbrella'd as charge cards and I have found little to no difference in getting bank support on a charge back, regardless as to whether it is a debit card or credit card.  So I feel my rights are just as protected purchasing on my debit Mastercard as I do on my credit Visa card.

Hope this helps another reader.