Ebay have advised that they are a different company to Paypal and have no access to the funds that are held by Paypal, but that Paypal will with-hold them on their behalf. If the item sold was a second hand item it is not subject to any guarantees or warranties, or any consumer rights policies, therefore it is sold on an auction basis, requiring the funds to be paid before the item is taken away. In my case the buyer has the item and I do not have the funds, Paypal has the funds, yet Paypal is not contractually involved in the auction process. Legally, therefore, you can go to the buyer and ask them to give you the goods back. As you have not received the payment you are entitled to do this in law. The alternative would be to recognise that the buyer is responsible for making the payment to you, the method by which they do this is up to the buyer - it is your property and the buyer is buying it, not eBay so ultimately the buyer is responsible for making sure you have the payment. You can go to them and ask them to pay and when you have the payment in cash, refund the online payment through eBay. I am furious about this, I have acted in good faith and my money is being held illegally and there is apparently nothing I or anyone can do, except go and get the goods back.
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