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Newman DCA for Ebay

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Evening All,


I sent back a bottle of Paul Smith Men Aftershave to Boots last month and because I lost the receipt they sent me a gift card back. I have no use for Boots again so I put the card on Ebay and it sold for £42, so I sent it via recorded mail to the buyer but yesterday I got a message from the buyer saying the item is not as described, he said that his wife went to use it and there was nothing on it but I have a letter from the Boots Head office confirming that there was £50 put on it.


I sent the buyer the details so he could contact the Customer Relations Manager at the Boots head office in Nottingham who dealt with me and tonight he's opened up a case on Paypal, what do I do now and where do I stand?


Just to add, I know Boots have a database with all the information on it so why he's not asking them is beyond me.

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The law requires in any case that a supplier informs the buyer that the right to cancel the contract exists, under the Distance Selling Regulations.


Apart from the relevant provisions of the Regulations, the contract would then be treated as if it had not been made, eliminating the argument about the item, in return for which a consumer is reimbursed.


If you suspect that the buyer's claim is fraudulent, that is a matter to report to the police.


Otherwise, remind the buyer that Paypal's buyer protection does not apply to


items equivalent to cash (including, without limitation, gift cards)
(section 13.3a. of the Paypal User Agreement)
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As it was an auction I doubt if the DSR apply and Paypal can claw back the funds paid by the buyer. I suggest that you ask for the return of the card in the meantime so that you are not out of pocket.

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eBay is not an auction.


There was already a good deal of comment about that:


Distance selling Regs and eBay?




Thank you for the reply.

Does that mean Paypal can't force me to refund the buyer?


Paypal can't force a seller to refund a buyer in any case. All they do is give the money back that went to Paypal.


A seller who refuses to go along with that is entitled to sue the buyer for the payment, none the less, though the case would be weak, to say the least, if the buyer did return the item to the seller.


Edited by perplexity
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  • 1 year later...

Hello everyone,


I got a letter yesterday from Newman Debt Collection Agency saying that I owe EBAY £28.94 which I don't because I stopped using EBAY a long time ago and I had no fee's to pay.


I know it's not a debt to get worried about but what letter do I send to them to send me proof that I owe EBAY money?

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Tell them to prove it Thus:-

The Compliance Manager





Dear Sir or Madam,


I refer to your letter dated xx x xxxx and the debt for£xxx

you allege is owed by me, I do NOT acknowledege any debt

to you or any company you or any company you may claim

to represent.


I have no knowledge of any such alleged debt and therefore

will not be making any payment.

I now consiider the matter closed and further correpondence

will be returned to you unopened.


You will cease to process any and all data you hold on me and

remove it from your records.


Final Response.

Send Recorded Delivery.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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