Help Please for Paypal prob

[kbecksarch]

Hi,
I brought a tent from Ebay which stated 24hrs delivery for my holiday which i paid for by paypal straight away.
10 days later, several emails no answer from seller still no tent and holiday now closer. When checking the sellers feedback now they had 100+ negative in ths time for the same problem.
I opened a dispute via paypal for item asking for a refund stating i nolonger had faith that it would arrive in time and would purchase another one. Which i did and updated the dispute. The seller now responds!!
They can now deliver the item, again we confirm that the item is too late and we require a refund. Sellers agrees only if we give +ve feedback which we do not agree too as we feel this would be wrong.

4 days after this we get a dispatch email to say the tent has been sent dispite our previous emails. We informed the seller we would not take the delivery, and we did not, it was returned to them.

Paypal has now declined twice our claim for our money back. they have said that the seller sent the item and therfore was not in the wrong.

We gave the seller enough time to send the item although what we had purchased on ebay was for next day delivery so we feel we were right to be angry (2 weeks before it was sent). We now have no tent and no money £110. The seller has stopped answering our emails and i dont know what to do.
please help

[slick132]

Hi KB,

I'm no expert with eBay probs but see many complaints about them.

Keep up the pressure on them to get this resolved.

Have you tried contacting the bank you used to pay for the transaction and ask for a Chargeback on the basis of fraud/theft.

[kbecksarch]

Thanks
just called my bank and have to sign a form to say i have not received the item then my account will have the £109 back

Sally

[slick132]

Wow,

Keep us informed after you return the form.

[buzby]

The issue is not whether the sellers have SENT the item, but whether you have recieved it! You claim would be for non-receipt and the dispute process is virtually automatic providing there is no signature proving delivery. The bank's response is ueful, but PayPal are breaking their own rules if they've dismissed your complaint if you've not recieved he goods. Also, if this was a BIN, under SOGA you can also demand a refund from the seller.