Non EBAY paypal issues

[lara-liverpool]

hi there, I ecently purchased  TV from a company in birmingham they promptly delivered the item to me, through no fault of there's I wish to return the TV back to the company under the sale of goods act as the TV dosn't do what the website said it would, the seller stated they would collect the item today and would ring 30 mins before arriviing to make sure I was in, I got a call at 10am saying I'm outside when I was out, I said I would return within 30 minutes but the driver wouldn't wait, I have emailed the seller who now state I will have to pay to return the item

the sale of goods act state the seller needs to pay for collection if the item doesn't do what it is advertised to do, if I pay 80 pounds to return the TV can I claim this back from paypal with my refund ?

what is the best course of action

[kernowlass]

No, paypal can only ever recover your original payment that was processed by them to pay for the item back again in the event of successfully winning an item received but not as described dispute.

I would contact the seller again and state that they are responsible for collection and if they do not do so at a mutually agreed time then you will file in the small claims court under the sale of goods act.

You may not want to do that but sometimes the threat elicits a positive response.

[lara-liverpool]

thanks for the responce, I won't be thretening someone that's not fair, I have spoken to trading standards who state they are liable for the cost of the return,  so if I now ask paypal (sagepay) to look at this matter will they ask the seller to collect the item as the law sates ?

[kernowlass]

Err thats not a threat. If a business does not abide by the sale of goods act, that is the way trading standards advise you to go.....the small claims court. That is why it exists.

If you file for item not received via the resolution tab in your paypal account, as i have already stated paypal will tell you to return the item at your own expense to recover your intial payment...if they find in your favour of course.

Then its up to you to get the return costs back from the seller.

[lara-liverpool]

you mentioned if they find it in your favour?

the TV i purchased stated on the website and on LG's webiste Iplayer ready

got the TV turned on and set up iplayer said this TV is not compatible, I rang LG and they said it will work, one day but not sure when

so I want to return the item, the law states seller responsible for returning goods, so why doesn't paypal abide by the law ?

[kernowlass]

Yes but its never totally guaranteed that the dispute will be found in your favour.

You probably will win the dispute but I am not going to tell you 100% you will in case for whatever reason you don't.

Paypal cannot FORCE a seller to pay your return postage costs.

They can only recover the original payment that your processed through them.

Paypal can give some seller and some buyer protection....the rest is up to you.