Refund to Buyer, but no return of merchandise from Buyer - no help from Paypal

[Katana58]

I sold an item on ebay, shipped it, buyer received it, then decided they didn't like it.

But the day after the buyer received the item I went on a trip overseas in an area with no internet reception.

Meanwhile Ebay and then Paypal sent emails regarding the return/refund to buyer.  However, I never saw any of it until about 3 weeks later, upon my return.

In the mean time, not having heard from me,  PayPal refunded the money to buyer, plus Paypal fees they paid.

But the buyer never returned the item.

Since my return I have demanded the return of my item - no response from buyer, and PayPal says "too bad, you were late in responding, so we sent the money back, but we are not obligated the demand the buyer send the item back to you".

REALLY???

I have furnished proofs of my travel to PayPal, talked and emailed time after time, but they will not do anything. 

They have the worst customer service and do not give a damn.

So, the buyer has the money + the item ($1475 - nothing to sniff at...).

And I am **bleep** with no recourse.

[stevieboy123]

Paypal/Ebay are now 100% biased in favour of buyers

issue a CCJ 

[kernowlass]

@Katana58

Unfortunately you lost your seller protection because you did not respond to the dispute  >>

You must respond to PayPal’s requests for documentation and other information that is reasonably required by PayPal to investigate the matter in a timely manner.

Thats why if I am going overseas and may find internet connections iffy I stop selling for a couple of weeks beforehand. However never been a problem as there is nearly always an internet cafe / hotel etc connection I can use.

[Katana58]

What’s aCCI ?

also, it does happen in life that one can be out of touch for a period of time for one reason or another.

Not responding to an arbitrary time set by PAYPAL is not a legal argument for stealing someone property.  There is no downside for the buyer if PayPal asks him to return an item he didn’t want in the first place, and he got fully refunded for.

You don’t lose ownership of property just because you’re out of touch for a couple of weeks.  This is a deeply flawed policy that in fact make PayPal complicit in theft, or at least aiding and abetting.

but they would rather have those useless service people argue an indefensible position until you give up rather than help you recover your property.

If aynyone can show me where they’re right and I am wrong i’d Like to hear the argument

[kernowlass]

@Katana58

No you don't lose a legal right, you still have that right, you can now pursue the buyer in the small claims court for return of the item back to you.

All paypal does is give you 'some' seller protection but you lost that because you did not respond, so if you have 0 seller protection then the buyer wins a refund under their buyer protection policy.

Does not mean you still don't have any legal rights, go ahead and claim you can do so online.

[Katana58]

It is totally unfair and illogical that Paypal would refund a buyer without demanding the item be returned to the buyer, no matter what he delay in responding maybe.  The address of the seller is visible to all, whether he responded or not.

As for your suggestion of taking the buyer to small claims court as a remedy, it's preposterous.  The buyer who is stealing my item is a thousand miles away.

So I have to fly there, stay overnight, and hope I can collect??  Really??? 

This is total BS.
Pay Pal is acting as a financial trustee and as an intermediary in a financial transaction. It is their ethical and fiduciary duty to make sure all parties are treaty fairly.

As it stands now I hold them fully responsible for my loss.

[kernowlass]

@Katana58

If you had responded then the buyer would have had to send the item back to you before you had to refund, you didn't respond.

Sorry you didn't like my advice re the small claims court, I have given that same advice to others who said 'thank you for the suggestion' but then they were a bit more polite when someone gives up their time to try and help / respond to a thread. And if you issue the claim in the small claims court then they have to go to you and not the other way around unless of course its an international transaction when it would not apply either way.

If you had accepted a credit card payment 'direct' and not via paypal as a lot of businesses do then the c.c. company never expect a buyer to return an item, they just claw the funds back. But again that does not stop the buyer taking legal action to get their property back.

Personally who you think is responsible is entirely up to you, does not bother me one bit. All I can do is tell you how things work with Paypal, whether I agree with them or not is immaterial....so ..........your welcome.