ebay help

iaind said:
Source please?

I mean, I could show you the small claims court paperwork from a few years ago when I thought I was being as clever as you, and tried the same trick?

Clearly though, I don't know what I'm talking about :p
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So Paypal refunded someone, you refused to pay and they took you to small claims court and won? Please, do post the evidence, because I find that impossible to believe ;)

It doesn't matter what's in Paypal's terms that you agree to, they can't override your legal rights.
 
To be honest I'm not terribly inclined to go digging out paperwork from 10 years ago to win an Internet argument - it might be more appropriate for you to explain why you think it's not possible.

Or maybe the OP should take my anecdote with as much salt as any other anecdote on the Internet, and pay no attention to posts that say "IGNORE THIS I R VERY SMART AND HIS IS WRONG"
 
iaind said:
To be honest I'm not terribly inclined to go digging out paperwork from 10 years ago to win an Internet argument - it might be more appropriate for you to explain why you think it's not possible.

Or maybe the OP should take my anecdote with as much salt as any other anecdote on the Internet, and pay no attention to posts that say "IGNORE THIS I R VERY SMART AND HIS IS WRONG"
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Because Paypal would have to prove that you owe them the money.

In order to do this, they would have to prove that the refund that they decided to give was within the terms of your contract with them.

In order to do this, they would have to be able prove that the item you sent was not as described/faulty/etc. enough for a refund to be justified.

The terms in their T&Cs which say (paraphrased) "we can give a refund for whatever reason we feel like" are irrelevant, they can't override the Unfair Contract Terms Act.

Unless you're a complete idiot and send messages to the buyer saying "lol, i know the item was faulty and there's nothing you can do about it" then the worst they can do is send you a couple of threatening letters and send the supposed "debt" to a DCA who have no power to do anything other than send you more threatening letters unless they get a court order, which they wont* (see above).

They rely on people just caving in/being scared of their T&Cs.

I'd be interested to know the details of your case, since I can only imagine you either didn't turn up to any court appearance (so by default it went against you), or you gave them some actual evidence of a breach of contract.
 
Haggisman said:
Because Paypal would have to prove that you owe them the money.

In order to do this, they would have to prove that the refund that they decided to give was within the terms of your contract with them.

In order to do this, they would have to be able prove that the item you sent was not as described/faulty/etc. enough for a refund to be justified.

The terms in their T&Cs which say (paraphrased) "we can give a refund for whatever reason we feel like" are irrelevant, they can't override the Unfair Contract Terms Act.

Unless you're a complete idiot and send messages to the buyer saying "lol, i know the item was faulty and there's nothing you can do about it" then the worst they can do is send you a couple of threatening letters and send the supposed "debt" to a DCA who have no power to do anything other than send you more threatening letters unless they get a court order, which they wont* (see above).

They rely on people just caving in/being scared of their T&Cs.

I'd be interested to know the details of your case, since I can only imagine you either didn't turn up to any court appearance (so by default it went against you), or you gave them some actual evidence of a breach of contract.
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Take it your a contracts lawyer then, or just a Freeeeemaaaannnn :D

It should be in the forum rules not to give out legal advice, medical advice is banned so why not this ?
 
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So the buyer has set up the claim.

so he wants the postage paid yet started a claim? EBay will tell him to post it back and if they don't within 10 days they loose the right to claim.

Best plan now is to drag this out, ask them to get a post office quote to post it, this will take them days to do as most people are lazy.
 
Ok so atm, I should wait and hope he goes over the 10day limit?
Also, buyer is literally not responding to anything. Even when i asked him for a pic or vid...
 
HPTL7 said:
Ok so atm, I should wait and hope he goes over the 10day limit?
Also, buyer is literally not responding to anything. Even when i asked him for a pic or vid...
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Yes.

wait and how he doesn't send it.

keep asking for stuff like vids and try and help with info and videos. He may just ignore you and put it off.

also it sounds like he doesn't want to pay for postage so of you wait he may leave it and the claim ends in your favour
 
The claim is through papal is it not. If you don't reply in the paypal resolution centre as instructed they will side with the buyer automatically. If you haven't already instuct the buyer in the paypal resolution centre to return the item for a full refund. I know you've already done this on ebay.

If you try and sit it out you'll end up out of pocket and down a PS4.
 
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The buyer has had his say to paypal. They are now reviewing the case.

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Awaiting other party's response - PayPal requests more information from the buyer to resolve the issue. If the buyer doesn't respond within the allotted timeframe, we close the case and restore funds to the rightful owner

Being Reviwed by paypal - We review the information the buyer and seller have provided. We try to reach a final decision quickly, but complex cases may take longer and require additional information from the buyer or seller.

Item return - The seller or PayPal may decide to grant a full refund to the buyer if the merchandise is returned. Once delivery is confirmed and the refund is processed, the case is closed.

Looks very grim for me.
 
Just keep on it, hopefully he will slack and not do it in time however this is eBay/PayPal. Best of luck anyway and keep us updated :)
Also, say if you did receive another PS4 back that wasn't yours what do eBay do then? Do they say meh you got an item back or do they actually investigate it?
 
I will be amazed of you come out of this with anything except a painful lesson
I don't even think it's possible for you to win this one.

Your ps4 either was damaged in the post
Or the buyer is scamming you
 
traveyb said:
Just keep on it, hopefully he will slack and not do it in time however this is eBay/PayPal. Best of luck anyway and keep us updated :)
Also, say if you did receive another PS4 back that wasn't yours what do eBay do then? Do they say meh you got an item back or do they actually investigate it?
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Only if you can prove its not yours. Otherwise buyer gets refunded
 
but can't he seek legal advice (CAB?) and take action if he has evidence he's been shafted, if you don't take serial numbers and such there's nothing you can if/when Ebay shafts you.

There's also a good chance the scammer will bottle it if they know you have proof of what you sent and aren't just going to roll over if/when Ebay side with them.
 
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Best thing to remember in this situation is that you have the buyers address.

If you don't fancy confronting them, then bricks through all of their windows* won't get your £260 back, but it will wipe out any "profit" they made by ripping you off, and probably make you feel better about the situation ;)

*I'm totally not suggesting you do this, honest.
 
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