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Paypal Claim - Help!


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I'm hoping somebody here will be able to offer some help and advice please.

I recently purchased a TV from Ebay for £289. We waited for arrival for a couple of days and heard nothing (although the Ebay member's store states delivery will be within 24-48 hours). We sent the seller a few messages regarding the whereabouts or a tracking number and had no response.

Due to the amount of money, I've since filed a paypal claim. It has been updated with the sellers response and a tracking number (but still no TV has arrived). I've checked the tracking number and it states the delivery was signed for by a neighbour (at a different flat number) who has since moved out!

My concern is, the seller has obviously sent the goods but the delivery company DHL delivered to the incorrect address and now we're £289 down.

My question is, who is liable for this then? It seems unfair for the seller to have to send another TV or a offer a refund as he's clearly sent it. However, the delivery company were given the correct address details yet have delivered to the wrong people. If the liability is down to DHL, would this still go through paypal or direct through them?

Any help would be greatly appreciated.

Thanks

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There are some couriers that state in their t&c's that by using their service then the sender agrees that the parcel may be left with a neighbour. Parcel Force do this in the small print so DHL may be the same.

 

I'm unsure now who will be responsible, so sorry I can't offer any advice, but I will at least subsrcibe to your thread to find out when experienced members answer

Capquest - No cca yet - OC sent what they think is a CCA - account on hold - no contact since

 

Lewis - Lost their tongue after cca request:roll: -

Now in default of my CCA request - still no contact since:D

 

Fredrickson - No cca yet - Now in default of my request - now stopped contact with me:rolleyes: **UPDATE** April - Sent back £1 p/o and gave up!!!!!!!!!!

 

1ST Credit - CCA request sent - now stopped contact with me

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I've just looked at the company's Ts&C's in response to your comment and it does not state anywhere that they may deliver to an alternative address is any circumstance so I don't think they'd be covered in this case.

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With that info in mind and also the fact that you didn't receive a card through your door stating that the parcel had been left with a neighbour then it must clearly be as you said in the first post an error on the part of DHL,

 

In which case the responsibilty from your view is with the seller. From the sellers view it is with DHL.

 

Paypal will require proof of delivery to your address to satisfy an item not received claim.

 

When you say you looked online and it showed as delivered to your neighbour, what do you mean? was it a different signature or did it state a different address?

Capquest - No cca yet - OC sent what they think is a CCA - account on hold - no contact since

 

Lewis - Lost their tongue after cca request:roll: -

Now in default of my CCA request - still no contact since:D

 

Fredrickson - No cca yet - Now in default of my request - now stopped contact with me:rolleyes: **UPDATE** April - Sent back £1 p/o and gave up!!!!!!!!!!

 

1ST Credit - CCA request sent - now stopped contact with me

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well that's good news. As long as you're 100% on the t&cs of DHL then you'll be ok.

 

Paypal should check the tracking number as part of the dispute resolution. Sometimes they don't, in which case there are still ways to retrieve your money. But most times they do and they'll see that it's not been delivered to your address.

 

Paypal can sometimes be very slow with disputes so it may be a number of weeks before they conclude despite the original date they give you, but rest assured they do get there.

 

Have you entered that info you've just told me into the dispute communication section on paypal as part of your case?

 

if you've not received futher help from an experienced member soon I'll ask someone to look at your thread and advise further

Capquest - No cca yet - OC sent what they think is a CCA - account on hold - no contact since

 

Lewis - Lost their tongue after cca request:roll: -

Now in default of my CCA request - still no contact since:D

 

Fredrickson - No cca yet - Now in default of my request - now stopped contact with me:rolleyes: **UPDATE** April - Sent back £1 p/o and gave up!!!!!!!!!!

 

1ST Credit - CCA request sent - now stopped contact with me

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Thanks very much for all of your help.

 

At the moment, the paypal claim states they are currently looking into it and I don't need to do anything further. It seems that it's been 'locked' while they're doing this as I'm unable to update the claim at this time.

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Just a thought but how did you fund your paypal account to make the purchase of the TV? If it was by Visa or Mastercard you maybe protected that way as well? I'm not definate on that but could well be worth a look...

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You're welcome, but I've not done much yet;), keep checking your thread,

 

let paypal decide now, as I say though, they can take a while so be patient. I'd guess the receipt paypal sent to your email showed your proper delivery address, the seller should have communicated with you to sort this really, they should have checked the tracking number and realised it had gone wrong.

Capquest - No cca yet - OC sent what they think is a CCA - account on hold - no contact since

 

Lewis - Lost their tongue after cca request:roll: -

Now in default of my CCA request - still no contact since:D

 

Fredrickson - No cca yet - Now in default of my request - now stopped contact with me:rolleyes: **UPDATE** April - Sent back £1 p/o and gave up!!!!!!!!!!

 

1ST Credit - CCA request sent - now stopped contact with me

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You're welcome, but I've not done much yet;), keep checking your thread,

 

let paypal decide now, as I say though, they can take a while so be patient. I'd guess the receipt paypal sent to your email showed your proper delivery address, the seller should have communicated with you to sort this really, they should have checked the tracking number and realised it had gone wrong.

 

The seller has been awful - no reply until we filed a claim with Paypal!

The receipt email I received from Paypal and also my account states Flat 12 so they should be able to see this and hopefully get my money back.

I don't even want a replacement now as I'm sick of dealing with it :(

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It was taken from my Visa debit card however I'm unsure as to whether online protection is only for credit cards or if it'll cover my debit card aswell. Can anyone answer this for me?

 

Visa debit is covered

Capquest - No cca yet - OC sent what they think is a CCA - account on hold - no contact since

 

Lewis - Lost their tongue after cca request:roll: -

Now in default of my CCA request - still no contact since:D

 

Fredrickson - No cca yet - Now in default of my request - now stopped contact with me:rolleyes: **UPDATE** April - Sent back £1 p/o and gave up!!!!!!!!!!

 

1ST Credit - CCA request sent - now stopped contact with me

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Yeah far as I know Visa Debit is covered, you probably should wait and see what paypal does but I think there is a certain time limit imposed on purchases, so for example you may not be able to make a claim after 14 or 28 days??? Which would mean if paypal took longer than this you would have missed the opportunity. But you can ring your card provider and find out? Now if you were to go down this option, you would more than likely have to report the missing TV as theft, get a police incident number and give it to Visa, kinda like making a claim against your insurance. Again I am not talking from experience so am only really surmising what you may have to do?

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Also, print out the online page that states the delivery address from DHL, you may need this later

Capquest - No cca yet - OC sent what they think is a CCA - account on hold - no contact since

 

Lewis - Lost their tongue after cca request:roll: -

Now in default of my CCA request - still no contact since:D

 

Fredrickson - No cca yet - Now in default of my request - now stopped contact with me:rolleyes: **UPDATE** April - Sent back £1 p/o and gave up!!!!!!!!!!

 

1ST Credit - CCA request sent - now stopped contact with me

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do as happy feet says as print out the delivery confirmation and keep it tucked away. If it doesn't allow you to add to the claim at the moment, please call paypal and advise them that the tracking clearly states a different door number and name. They sometimes do not look to hard but please get them to add this to your claim.

 

As above, your claim is with payal and the sellers claim is with DHL.

 

Ida x

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If it doesn't allow you to add to the claim at the moment, please call paypal and advise them that the tracking clearly states a different door number and name. They sometimes do not look to hard but please get them to add this to your claim

 

Excellent advice, on many occasions paypal will conclude a dispute over the phone by details being provided, although in this case it may be a little longer, by calling you will speed up the process though by ensuring they have the correct details to look at

Capquest - No cca yet - OC sent what they think is a CCA - account on hold - no contact since

 

Lewis - Lost their tongue after cca request:roll: -

Now in default of my CCA request - still no contact since:D

 

Fredrickson - No cca yet - Now in default of my request - now stopped contact with me:rolleyes: **UPDATE** April - Sent back £1 p/o and gave up!!!!!!!!!!

 

1ST Credit - CCA request sent - now stopped contact with me

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1. VISA debit have a chargeback scheme, but quite often this isn't followed with Paypal, as they consider Paypal the same as taking cash out.

 

2. You cannot claim against DHL as the contract with DHL was with the sender. The sender can claim against DHL.

 

3. If Paypal don't settle your chargeback, I would recommend making a formal complaint and then taking it to the Financial Ombudsman Service [http://www.financial-ombudsman.org.uk ]. I have unfortunately had a lot of bad experience with Paypal and have helped a lot of people with recovering money from Paypal (both buyers and sellers) through the Financial Ombudsman Service.

 

In the meanwhile I suggest you download PrimoPDF for free from Free PDF Creator - Convert to PDF from Any File You Can Print - PrimoPDF. I recommend that you "print" the evidence on your computer into PDF files and keep the PDF files as who knows when things may go missing from a website.

 

When you get the response from Paypal please post back here. If it's positive then excellent, if not then I'll help you prepare a formal letter of complaint to Paypal. They will have 8 weeks from the date of receipt of that letter to give their final response. You can then take the complaint to the Financial Ombudsman Service either upon receiving their negative response to your formal complaint or after 8 weeks and not receiving a response.

Edited by legalpickle
] getting in the way of web link

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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LP can you explain what you mean by things that go missing from a website ? I am just curious to know.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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LP can you explain what you mean by things that go missing from a website ? I am just curious to know.

Forms may expire, results may be purged, t&c's may be changed. Always worthwhile keeping a copy of all evidence from the time it became evidence in case it disappears or changes. For example: I don't know but I'm sure details of a recipients signature and address on a parcel are not stored forever. But in this case those details are very important for the OP.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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  • 1 month later...

xuntitledx: How are things going with this? Have you received a refund? Do you need any assistance? Please keep us posted and don't hesitate to ask for any assistance.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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i was told by debit card services that u can claim a chargeback on your card only within 120 days of the transaction . may be worth a shout.

That only consistently relates to transactions for goods and services, but not for withdrawal of cash. Many financial institutions consider Paypal to be withdrawing of cash, because it is not a direct payment to the service provider or retailer.

 

And this has already been recommended.

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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