Problem with internet transaction

[Kimiki]

Second post
Hope it's correct section.

Situation description:

I'm member of specific forum which apart from other activities offers commissionable services. Forum has it's own rules yet each commissioner has it's thread with time frame of their service, price and other data.

When person (commissioner) is ready to take commission from other members he/she opens slots and accepts reservations. Usually around 10-20 people in one batch.
Once you're included on waiting list when it's your turn to be served you pay in advance and send PM to commissioner how you want the service to be done plus you send him item on which this service is supposed to be given.

Commissioner is more like artist.
So there are delays sometimes because of lack of motivation/creativity.
*edit*
Oh and most of them usually gives their service in their free time as part of their hobby.

Anyways..
My situation:

I've received such slot around September 07'.
My turn was around end of November so item was sent and commission was paid on 29th of November.
Artist (commissioner) maximum time frame was 8 weeks.
I've waited till last week (around 16 weeks after payment was made and 8 weeks over artists maximum time frame)
I've contacted commissioner several times during this period and always received some kind of excuses, why work has not been done yet.
Apart from last one when main tool needed for such service was supposed to be broken all other were lack of motivation/lack of internet or no excuse given apart from "I'm sorry for delay".
Last week after I've contacted commissioner and asked about progress I've received same response with refund offer if I don't want to wait any longer.
I've written to commissioner expressing my concerns about waiting time and I clearly opted against any refund.

Commissioner replied that service won't be done since I dared to point out few facts against refund (dollar value drop - so refund of exact sum was a loss for me - apart from fact that Paypal payment can be refunded up to 2 months so after that it's payment not refund, my waisted time and possible devaluation of item for which I've paid in dollars - for obvious reasons is worth less now) And demanded my Paypal address for refund and my home address to send the item back without completing (or even starting) service that was supposed to be done.

Due to forum rules such situation is possible if client is problematic or service can't be done properly.. But those rules have been bended to fit commissioners want-to-do-so-I-will attitude.

I would like to ask if there are any consumer rights that would suit this situation? After all service was paid so that's kind of agreement.
At least I think so.


I would be grateful for advice.

[Conniff]

So this is an American company and the website was American?

If that is the case then I think your rights are very limited and you can only rely on the goodwill of the company.

If you paid by credit card, ask your bank to do a reverse charge citing non receipt of services.

[Kimiki]

Thank you for reply.

Forum is international.
Commissioner is UK resident.
I've paid by Paypal yet payment was made more than 2 months ago.

Half of problem if it was about payment only. I'll get the money back (at least in dollars) which is not quite ok in my opinion as well simply becouse my national currency is not dollar - and dollar is worth less now that half a year ago.

I wonder what are my rights as consumer in such situation.
Because I've paid for service I won't receive after half of year of waiting..
Are there any consequences for person who gets paid, make people wait and after long period refuses to complete their service without reason?
To me as client it's time loss and money loss..

[Conniff]

I think you need to post the website address so we can see what you are talking about. I think it's a bit too sketchy to give any real advice.

[Kimiki]

It would be quite problematic.
On commissioners website there is only information that commissions are open about tools she uses and price of commission. There's also information about Forum which I've been writing about and statement that her commissions are dealt with though there.

Forum itself would require registration same as particular quantity of posts and time spent on forum in order to get access to marketplace where all commission threads are placed.

I don't see what may be sketchy in my situation. Maybe because I know all facts and readers don't. So maybe.. I don't really know what should I write to explain situation more clearly.

OK..I'll try to explain on different example but sense will be the same.

Lets assume you've got a bike.
Normal bike.. one colour nothing special.
But you want this bike to be painted with airbrush.. and you want some particular picture on it.
So you find person who paints bikes in his free time for money.. This person lives in a different city for example and his business is not registered business but something done as part of hobby. You get in waiting line.
After some time when it's your turn, you pay him for his service, send him the bike and you wait for your bike to be painted.
Person agrees to paint your bike within max 8 weeks time after payment.
You wait longer than that and finally after 16 weeks you get refused without reason. Person will not paint your bike because he doesn't feel like it..
He offers refund (you paid with Paypal so there will be money loss because of dollar value drop) and sending back your unpainted bike.

Question is.
What consumer rights say about this?
Is such person allowed to do whatever he wants despite of fact that he was paid?
Isn't this breaking the rules of agreement?
Or what refund should be given? Exact value (for example you paid 100$ and you'll get 100$) or exact value in your national currency (like you used 60 pounds to pay him and you want 60 pounds back)?

[Kimiki]

Soo.. I have no rights as customer in situation like this?

[Conniff]

All I can see from the above is that you paid someone you met on a forum and do not know some money to do some work for you via paypal.

You paid in £sterling and they want to return in $dollars. I think you will need to contact paypal.