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Paypal help - them and the law


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Hi Guys,

I wonder if anyone can give me any advise please.

My girlfriend bought a mobile phone off ebay.

The phone turned up, it was locked to the three network - not advertised as locked and had three branding all over the phone - not shown in the photo or mentioned in the advert. The phone was advertised as pay as you go - no sim was with the phone or instruction on how to make it pay as you go.

 

We contacted the seller who said it was our responsibilty to check what network the phone would run on, again in the description on ebay the 'sim lock' status was blank and no mention of networks anywhere. He refused to give us a refund even though he admitted that it was his mistake that he didnt mention the branding and sim lock but smugly said "i think you'll find that ebay/paypal will rule in his favor"

 

The advert stated that if the phone was not as described, he would pay for the collection and give a full refund.

 

We have just got an email from paypal ruling in his favor - surely this cant be correct?

 

 

Thanks guys

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Paypal are a waste of time for disputes like this.

 

Is it a private seller or a trade seller (i.e. someone selling many items on a regular basis)?

 

Also, how much did you pay and did you use a credit card to fund the payment?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Over what period has he sold 50 phones? Sounds like he's a trader to me.

 

In which case you should complain to him that the goods are not as described or fit for the purpose. Under the Sale of Goods Act the seller is liable for this. Advise him that unless he agrees to offer a refund you will take him to court.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I did that over email about 4 weeks ago, he started going on about admiring me for my beliefs but its just that his beliefs are different from mine and that paypal/ebay would decide.

I quoted the trades description act, he obviously thinks Law does not apply to items sold on ebay.

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I don't really know much about paypal, I sent them a scorching email yesterday in reply to their conclusion. they thanked me for the new information and said they'd investigate further. I did not supply them with any new information, just stated the facts again.

It just seems to me that ebay is full of people selling crap and getting away with it.

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As you paid by credit card, go to them and reclaim your money. It is over £100 so

they are bound to refund, though you might have to push them.

:( didnt pay by credit card unfortunately

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Guest ian cognito

There was a guy n our loca radio from e-bay this week (I was gobsmacked that they'd agreed) and he was ever so convincing about their Item Not As Described process and told the presenter she would get a refund if she went through the process!

 

My nephew sold concert tickets, the DAY AFTER THE CONCERT the buyer said he hadn't recived them and paypal gave him a refund from my nephews account even though they had been sent recorded delivery - what hope?

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ive had terrible trouble with ebay, they have held about £13.00 of my money prepaid charges on a store that i closed and they wont refund it, they are not interested. I try to stay away form ebay as using it is only letting them continue to trade the way they do, and in the event i have no choice i will never spend more than £20, its not worth the risk. I now do all transactions by postal order or cash even when selling.

 

Sorry to hear of these problems, im sure if the banks can be whipped into shape then eventually ebay can be.

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I did that over email about 4 weeks ago

 

Put your complaint in writing to him, give him 14 days to refund your money and if you still don't have any joy then take him to court.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Report him to the tax and vat offices. I bet hes a trader selling on the side and not declaring the income or paying the vat (but I expect he is reclaiming the vat on his ebay costs). If he is a private individual he has a part time business that needs declaring. Let him know you intend to make these reports if he doesnt pay......that will worry him. Oh, make the reports either way.

Its WAR

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Was the phone brand new?

If it was i would also report thsi bloke to the network provider, i'm sure they woudl be interested in him dealing in phones.

 

You will get no joy from paypal or ebay they do indeed operate as they fit and usually to the innocent parties detriment.

I love the smell of banks coughing up refunds first thing in the morning.

 

HSBC, they tried they failed, they coughed up in full

To all the others beware i am heading your way next.

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  • 2 months later...

You'll find that Ebay and Paypal are are totally useless at sorting problems and always look at a sellers point of view when making dispute decisions.

 

I recently got a 'Strike' over non-payment when the seller would not provide an address for me to send payment. He had a dispute for non-payment by me and Ebay would not even listen to me that i have no where to post payment.

 

Unless you have a verified and confirmed Paypal address, you do not have insurance to claim back any payments.

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I have to say they are useless even to sellers when disputes arise - i currently have a complaint with the Financial Ombudsman as they took money out of my account after a buyer said they didnt receive the item even though they did and it was sent special delivery!!!

 

Useless - totally stupid and just generally unhelpful!!!!!

 

Nathe

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

UNTIL MY CASES ARE RESOLVED/WON IM GOING TO KEEP MY SIGNATURE BLANK AS IM AWARE THE BANKS TEND TO TRAWL ON SOME OF THESE FORUMS AND AS MY CASE IS A LITTLE COMPLEX IT WOULD BE EASILY SPOTTED

 

DONT WORRY - THE INFO SHALL RETURN ONCE THE CASE IS RESOLVED/WON

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The only sticking point I can think of is this.

 

In order to have a misrepresentation, you first have to have a representation.

 

Therefore, omission of information is not a misrepresentation.

 

Had he said "phone unlocked to all networks", this is a clear misrepresentation. However, simply giving no information about the phone's status is not the same thing.

 

The photograph is the only thing I think you can really rely on here.

 

By the way, I agree that if he is selling that number of items which are clearly not his own personal things, then he is a trader.

  • Haha 1

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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