should this refund be allowed?

[petrolhead]

hi

i advertised a single refurbished wheel on ebay, in excellent conditon, and described as no kerb damage, no cracks, ad no weld repairs, thats it, dead simple.

a buyer contacted me, insisited on a deal away from ebay to get it even cheaper than it was, and insisited on paypal direct  method of payment.

i sold the wheel to him for £50 plus £23.50 for pareclling and shipping costs.

he recieved the wheel, and then decided to open a case against me on the grounds of significantly not as described!

i couldn't believe it, the wheel was superb, and then i started getting text messages warning me of his intentions to get a refund no matter what.

i argued that he should send evidence to me and to paypal to prove that it was not as described, but oddly this has never been enforced by paypal, WHY IS THAT?

HOW CAN PAYPAL DECIDE A CLAIM OF NOT AS DESCRIBED, WITHOUT ANY ACTUAL EVIDENCE OF THE GROUNDS OF THE CLAIM?

Now, i relented because the text messages were becoming harassing, and i could see paypal deciding entirely in the buyers favour unless i did something, so after refuting the claim for some time, asking for proof and evidence that never came, i offered a partial refund which was the actual purchase fee of £50, IF he returned the wheel to me at his own expense.

the offer was rapidly snapped up ad accepted, and paypal followed immediatley by stating this claim will soon close and the refund made, BUT the buyer now claims that he will take the refund, AND keep the wheel, as he refuses to send it back to me, and boasts that he has both of them!

So,   can paypal allow this to happen?

why does paypal not insisit of any evidence or proof of a description claim?

am i going to lose £50 and the wheel?

please advise

petrolhead

[petrolhead]

both the buyer, boasting via text message to my phone that he has my money and my wheel,

and paypal themselves, because they stipulate that regardless of the fact that I put terms and conditions regards the return of the wheel, at his expense, and i will refund the "purchase" price portion of the transaction, paypal state that "ALL" partial refuinds allow the buyer to keep the goods, 

it doesn't matter that i made the offer via the resolution centre messaging, or directly over the phone etc etc, if it is only a partial refund, the buyer keep the goods aswell, end of!

But Emma informed me that Paypal themselves had escalated the refund to a "full" refund type, in exchnage for the wheel,  overiding my partial refund offer, so this was the last thing i epxected to happen.

i told Emma, due to the nature of the text messagwes i was recieving, that a full refund for returned goods would probably be the best course of action for me, and agreed for this to happen.

She was wrong, This did not happen, and the seller is screwed again! 

[Ndaa75]

I can't see anywhere in their terms that state partial refunds allow the buyer to keep e goods. Do paypal have legal ownership of goods sold? If so where does it state that as I couldn't see it in their terms, Furthermore what steps have paypal made to ascertain the good we're not as significantly as described and upon what authority have they refunded the buyer the purchase price and allowed him to keep the goods. I'd be firing off a letter and ask for a full written clarifying response, marked letter before action. presumably you have everything in writing ? I'd say that Paypals actions here are most certainly unlawful.

[petrolhead]

i have no idea about the legal ownership side of things, nor the legal grounds on which they can take money you don't want them too from your account or card?

as to the steps paypal take top ascertain that the goods were or werent as described,

THEY TAKE NO STEPS WHATSOEVER!

the buyers claim is taken as the whole truth, and paypal do nothing, nor allow anything in the sellers defence to be administered as evidence or proof.

if they had, my own dispute would have been thrown out before it even started.

its as ridiculous as this,

i sell someone some brand new in the box brown shoes.

when the buyer recieves them, he wishes, for whatever reason, that he hadn't bought them at all, or that they do not wish to pay for them.

they open a dispute claiming they are black,  not brown, therefore not as described. (when they are in fact brown and 100% as described)

paypal will sit back and let the two of you duke it out for a while, until it becomes escalated to a claim, and then they automatically decide in the buyers favour, without once having asked to be shown that they are black or brown, or indeed even shoes!

I asked from the very start, and insisted that paypal should too, see evidence and proof in the form of photographs so that all parties can consider their position, but the buyer provided nothing, and paypal require nothing but their claim and statement to act with.

it is a disgusting system, that leaves me extremely angry with the buyer and paypal, and their idiotic staff who clearly don't know their arris for  their elbow!

i am assured by paypal that Emma, who misadvised me, AND i hasten to add did not record the notes of our converstaion accurately either, will be repremanded by Jo the manager i spoke with today,

but do i believe that?   no i don't, they have been far less than honest with me so far, why tell the truth now? 

i think this issue deserves a community campaign of some sorts, all sellers, small and large, private and business,  should know that they are totally unoprotected from this fraudulent behaviour.....

[Ndaa75]

So who authorised a partial refund? You or Paypal? If it was you did you confirm in writing? If Paypal have done this without authorisation from you then they have acted unlawfully,