Mail order item not arrived

[billy_79]

I ordered a cd from a website (eil.com) at the beginning of June. The cd had an 'expected delivery' date of about 7-10 days from when I placed the order (it didn't say whether the item was in stock or not). That date came and went, each time I've since logged into their website to check the status of my order, the expected delivery date has been put back. So it's over 10 weeks since I ordered, and theres no sign of my purchase actually arriving.

 

I've just contacted them to request that they make delivery by the current 'expected delivery date' of 18th August, and asked that if they cannot fulfil the order by then, that I would like to cancel for a refund.

 

Normally, I wouldn't have any concern, as I'd be covered by credit card protection. But I paid for this purchase using their Paypal option (even though the funds came from my credit card via Paypal). I guess that means I'm not eligible for cc protection, and it's only possible to start a Paypal dispute within 45 days of payment, which has now long gone.

 

I still want the item, but I don't want to wait forever! What are my rights if the supplier doesn't fulfil or refund as requested? Do I have any comeback against Paypal (I've had bad experiences with them as a seller)? I'm guessing the credit card company won't be interested as their transaction was with Paypal?

[TenantTennent]

Have you tried phoning the supplier? 10 weeks + is a ridiculous waiting time, so you have a strong case to demand a refund direct from them. An option may be to call, cancel the order and request an immediate refund, then (once the refund has gone through), reorder (from a different supplier).

[Conniff]

What was the value of the purchase?

 

Just confirm it was a 'Credit Card' and not a 'Debit Card' ? The term credit card is used generically some times.

[billy_79]

What was the value of the purchase?

 

Just confirm it was a 'Credit Card' and not a 'Debit Card' ? The term credit card is used generically some times.

 

Value was just over £20, and it was definitely credit card (but via Paypal).

[buzby]

It would be PP you would have to complain to, but if over their time limit, this still does not mean you've lost out - the supplier has to supply OR provide a refund, so enquire directly with them, askinbg for the goods to be supplied in (say) 14 days, otherwise you require a full refund. If they don't, then you can raise an action against them for the repayment.

[Conniff]

You should also state with the 14 days, that you are 'making time of the essence'.

[billy_79]

They've just replied to my email to say that they won't be able to meet the latest delivery date, and they aren't even hinting at any realistic date. They have offered me a credit against an alternative item, but there isn't anything else I would like. They haven't offered me a refund, am I entitled to one?

[Pinksparkling]

Open a dispute with Paypal.

[buzby]

Open a dispute with Paypal.

This won't work if the time limit has passed. However the issue is with the supplier - you do not have to accept a credit note if they do not provide the goods, a full refund is required.

[billy_79]

I sent another email back on the 18th August requesting a refund, but received no reply. Sent another one today.

 

So how do I go about requesting a refund via Paypal, as it's well past their 45 day dispute period?

[buzby]

You ask them to refund your PayPal account.

 

If you mean how can you force PayPal to refund you without the cooperation of the seller, you cannot after the 45 day limit.

 

If the firm refuses to refund, you need to raise a small claim against them after sending a LBA.

[billy_79]

I asked on the 18th August for a refund to my Paypal account, and again today. So my only further option is a letter before action and small claims?

[buzby]

Yes - Best to send it by Recorded Delivery, referring to your 18/8 letter that had no response. If they don;t redpond to the RD. you've a paper trail to show the court that you've got nowhere by asking nicely. Keep a copy and the RD receipt.