Item not fit for purpose but bought through eBay/paypal. Seller won't refund.

[BurtonLazars]

Hi

 

I purchased a sofa on eBay from an actual company, as opposed to a private seller.

 

I paid using a credit card, but as it was on eBay, it went through PayPal.

I entered my card number directly, rather than using it as a funding source, if that makes sense. I.e. it was a direct purchase with my card rather than PayPal being used as a staged wallet. I make this distinction because I wanted to know whether this gives me any section 75 rights.

 

So anyway the sofa broke after 3 months. The wood supporting the legs broke so the legs went up inside the base.. Although it was only £150, an item should be fit for purpose and not break so soon, especially as the item description said 'high quality materials used'.

 

I contacted the seller but they wanted nothing to do with it, insisting that I should have noticed the defect earlier. As it was over 30 days, they claim I had accepted the item and could not return it.

 

I supplied photographic evidence but they said that someone must have exerted excessive force on it. This is untrue, we have only sat on it normally and not even used it as a sofa bed which it does convert to.

 

So I opened a dispute with PayPal. They heard my side of the story and I asked if they required either the photographs or the correspondence between myself and the seller as proof, but they said not yet, they would request it if they needed it. The next thing that happened is the seller responded to the case (I didn't get to see their response) then PayPal ruled in their favour without me being able to offer any counter argument or evidence.

 

I need to know what I can do next. Should I contact my credit card company? Info on MoneySavingExpert suggests that using PayPal prevents you from claiming under section 75 but it doesn't draw any distinction between PayPal as a wallet and PayPal as a gateway service. I was hoping that using my card directly may help.

 

What other options are available? My wife was successful in using the government Money Claim service so I may do that if the credit card avenue is not viable. The eBay returns process doesn't seem to cover any scenario after 30 days.

 

The company is Furniture In Fashion if that helps or rings any bells with anyone.

 

Any advice welcome!

 

Thanks

 

Burton

[renegadeimp]

What type of card was it. visa?

[BurtonLazars]

What type of card was it. visa?

 

Tesco Mastercard

[renegadeimp]

Chargeback?

[renegadeimp]

Also have a read of the consumer rights act. Youre entitled to a repair or replacement within 6 months of buying it, if it is faulty. 30 days just means a refund in their terms. The law still says you have up to 6 months.

[BurtonLazars]

OK so how would I go about claiming under this Consumer Rights Act, if the seller will not communicate?

[dx100uk]

the law says upto 6yrs...!!

 

its gone faulty within 6mts

so its down to the seller to mend it FOC inc postage

see CRA.

 

else off to court you go.

[BurtonLazars]

Thanks dx. So which specific section of the CRA do I quote to them?

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?448220-19-Consumer’s-rights-to-enforce-terms-about-goods

[DragonFly1967]

Chargeback?

 

Unfortunately, Section 75 or chargeback is unlikely as PayPal has been used as a 3rd party. A crazy 'get out' from the rules, but it is what it is.