Section 75 and Guest Checkout

[Aaron19871]

I have purchased something using PayPal Guest Checkout option what I want to know is will Section 75 of the consumer credit act 1947 apply still would the (chain be broken) or not as I did not create sign & agree to PayPals user agreement? As my credit card company are saying that my claim under section 75 is not covered because just because it shows PayPal on the transaction. Thank you Aaron

[PayPal_david]

Hey Aaron19871. 

Welcome to the Community!

If you have made a purchase through a guest checkout for an item on PayPal, you may still be covered under our Buyer Protection Policy if you don't receive the item or if it arrives not as described. If you do need to create a case, you won't be able to do this through the website. In this situation, we would advise you to contact our customer service team directly for further assistance. 

This can be done by clicking the 'Help & Contact' icon at the bottom of any PayPal webpage. From here, you can then click the 'Call Us' option. If no number shows on the next page, please click the 'Call as a guest' option to be provided with the best number to call us on.

I hope this helps.

David.

[Aaron19871]

Hello Dave, It does really help. Maybe I need to explain in more detail. So I purchased a notebook back on 18 September 2017 for $700 the seller sent me an invoice to my email I opted to pay via PayPal (Guest Checkout) and entered my credit card details and clicked pay now button. I was waiting for two months for the item to arrive but it didn't I then come contact the seller to ask where is my item I did not hear back for like a few weeks and I eventually got a reply he confirmed to me that they have run out of stock on my item and they are awaiting more stock, I was then advised to wait two three months and he I.e the merchant will reply back to confirm that they have I. stock then the item will be shipped out. So I waited three months had passed NO reply no refund nothing so then I decided to contact the merchant back to my shock my message was rejected I believe he blocked my messages, I know for sure that I had just been scammed! So then I contacted PayPal to raise a dispute and then a PayPal agent told me that I am unable to raise a dispute for you as you are outside the timeframe:( I could not believe it!! PayPal was just going to let this Scammer get away with it and refuse to raise a chargeback!. So I was researching online about claiming a refund from ones credit card company and I come across (Section 75 consumer credit act 1974) as I was reading it said that if the payment was made thought a third part I.e PayPal in this instance the ( Chain between me I.e buyer and the merchant is Broken) as to be eligible to claim under Section 75 the buyer needs to make the payment (DIRECTLY TO THE MERCHANT) 😞 however I used Guest Checkout I strongly feel that NO chain has been Broken and I should still be covered by Section 75 credit card protection as I have read from multiple sources online that if one opts for PayPal (Guest Express checkout) one would still be covered under Section 75 and there credit card company is still liable for the loss as, Because when one payed via Guest checkout one is not asked to sign and agreed to PayPals User Agreement thus NO binding contract was agreed so therefore NO third party was not involved in the payment. What are your thoughts on this Dave? Am I right ? Kind Regards Aaron

[PayPal_Olivia]

Hi @Aaron19871,

Thank you for your follow-up question. PayPal would not be able to provide guidance on legal matters pertaining to the credit card company's obligations. I'm sorry for the inconvenience.

Olivia

[knt76]

I've just been through a similar case with both Paypal and the credit card company.

Paying through Paypal with your credit card you'll lose the Section 75 protection.

https://www.moneysavingexpert.com/credit-cards/PayPal-Section75/

Also if you raise a problem and Paypal can't do anything for you, they just tell you it's between you and the seller and Paypal is just an intermediary and request you to sort your problems out with the seller.

The only other way of having Section 75 through Paypal is to apply for and use Paypal credit.