Seller behaving oddly over dispute

[Pebbles77]

I bought a pair of items from a website last week, paying by PayPal.  I had telephoned the seller to ask questions beforehand, and it took a bit of detective work to find their phone number as they had no contact details on their website.  When I asked them about this, they said that they didn't want people calling them all the time.  I thought this was a bit odd, but he seemed like a nice chap and it's a specialist item I couldn't get elsewhere.

The items turned up and were of very poor quality, unfit for use.  After the red flag set off by the lack of contact details, I decided that it would be safer to request a refund through PayPal, just so that there would be a record of everything right from the start.  So I opened a dispute, and explained in the message included what was wrong with the items.

24 hours later, the seller rang me, sounding quite irritated.  He complained that this had been escalated to a claim involving PayPal and the credit card companies, and wouldn't listen when I explained that it was just at the seller-buyer communication level at present.  He also claimed that he hadn't received the message and thus had no idea what was wrong with the items.  When I explained that I'd done this via PayPal because their lack of contact details had set off red flags and I felt it was safer this way, he said that of course they have contact details on their website, it's illegal not to, and everyone else manages.  (I have since rechecked their website, and while they now have a "contact us" form that wasn't there last week, they still don't have a phone number or email address listed.)  My explanation about the poor quality of the product was also treated dismissively, and he said that as other people didn't have this problem, "it must be you".  However, he did agree to a refund, and said that he'd send me a self-addressed envelope for returning the goods.  There was something about "we will check their condition", which had me rather concerned - under the Sale of Goods Act, I should be able to return items bought online simply because I don't like them, rather than being restricted to faulty goods only (which is a matter of opinion in this case).

After this I rang PayPal to find out what was going on.  The PayPal agent said it wasn't true that it had been escalated to a claim involving PayPal, and that the seller would have received my original message, so if he hadn't, that was his problem.  She recommended that I escalate this to a claim, however.  She said that if I just sent the goods back as agreed with the seller, then there was no guarantee that I would get a refund unless I escalate the dispute to a claim.  Does anyone know more about this?  I don't want to kick up unnecessary fuss, and I certainly don't want to be receiving more aggrieved phone calls, but on the other hand I'm not sure how much I trust this business.  As it is, I'm going to have to send a care worker out to the post office for me to post the item recorded, as I'm housebound due to severe disability, and that takes quite a long time.

[kernowlass]

As the seller has already accused you of escalating the dispute to a claim you may just as well do so.

Then wait for paypal to tell you to return the goods and yes make sure you do so trackable and enter the tracking number to the dispute.

Do not close the dispute until the seller refunds.

[Pebbles77]

Gah.  All this fuss.  Thanks for letting me know, I'll do that.  I once had a seller completely flip out because I returned a faulty thermometer costing two quid, complete with pretending he hadn't received it, trying to get me to pay for the same item twice, and then opening a fraudulent "unpaid item dispute" on eBay which was a right nuisance to get taken off.  Over a cheapie thermometer.  So now I tend to be more cautious.

[Pebbles77]

Current state of affairs: I forgot to mention that before that phone call, the seller declined my request for a refund by PayPal.

They've sent me a stamped, self-addressed envelope marked for recorded delivery, although I presume I'd still have to take it to the Post Office to get that sorted (which is awkward for me as I'm housebound due to disability, and my support worker will have to take quite a lot of time out to make a post office trip).  They also included a printout of their website, with the contact form which is now there highlighted in yellow, and the "I agree to communicate by email" in their terms and conditions highlighted in yellow.  (The contact form wasn't present on the website when I made the purchase, the "about us" section was almost entirely blank that day.  It still doesn't contain an email address or phone number.)  They sent all of this by Special Delivery, which is not remotely necessary for a standard refund.

I should mention that I ticked the box for "item not as described" as it was the closest thing available, and there was nothing for "item of poor quality".  Although in several ways it's not as described: supposedly short socks are near knee length, they don't fulfil their function (meant to be suitable for sensitive skin but cause irritation; meant to be extra-warm but aren't even as warm as ordinary socks), and I very much doubt that they're made from the materials described.

The excessive behaviour displayed so far - the phone call, the incorrect claims, the special delivery - is making me worried that if I pursue this further through PayPal, the guy will blow his top.  Is it really true that if I simply send the items back now through recorded delivery, without asking PayPal to escalate the claim first, then PayPal will not be able to make sure I get my money back?  Do I absolutely have to escalate the claim to have any protection?

[Ray1984uk]

Basically I bought an item on eBay and payed via PayPal now when receiving the items I was not very happy that I was sold by the seller a factory variants sneakers from Nike basically a fake version of the shoe. Now that a filed for a dispute on this seller the seller not only declined my request for a refund but also he now claiming that I have not paid for items on eBay when I clearly got proof of payment on PayPal but also the seller posting on my feedback that I made a fast payment etc. Now the seller is claiming that PayPal told the seller to request for a payment to me for an item that I already paid for and is threatening if I don't pay that consequences will be tragic for me.

[kernowlass]

Ignore the threats ebay/paypal can clearly see you have paid.

If you have filed a dispute have you escalated it to a claim??

If not you have up to 20 days to do so from when you filed the dispute.

BUT you may be asked for proof the item is fake so if you can get that before escalating it could be helpful.

I would also email the seller back and state that unless you get a full refund you will be giving trading standards his name and address as selling fake goods and also informing the company that makes them the same info.