eBay - Do I have any rights here?

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  • soolin
    soolin Posts: 72,194 Ambassador
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    Now LG, Google, and the seller have either diplomatically said they can't help or flat out refused. Next stop: eBay. They facilitated the transaction, so they've gotta be at least partially liable... Right?
    . They would have been at the time, after so long I agree with the above that you will have to be lucky to get them interested.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • ballisticbrian
    ballisticbrian Posts: 3,937 Forumite
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    I think eBay will be throwing this at you, http://pages.ebay.co.uk/help/policies/user-agreement.html#using
    2nd paragraph under "About eBay"
    Warning: any unnecessary disclaimers appearing under my posts do not bear any connection with reality, either intended, accidental or otherwise. Your statutory rights are not affected.
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    NBLondon wrote: »
    I think it would...
    whereas - that's a SNAD right there. The problem is that after so long, the OP would be deemed as having accepted the item as delivered. Of course, if the two models look identical and can only be told apart by the serial number or something - would most of us check?

    Apologies, I missed the difference in model numbers. The acceptance point is moot as the legislation in the US isn't the same as ours.

    The only possible easy(ish) course of action would be for the OP to try to convince their original card company to raise a chargeback. It's tenuous but worth a try.
  • MaximumFish
    MaximumFish Posts: 77 Forumite
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    theonlywayisup wrote: »
    The only possible easy(ish) course of action would be for the OP to try to convince their original card company to raise a chargeback. It's tenuous but worth a try.

    Hmm, I did apparently pay with a credit card, just via PayPal. Don't they have restrictions against chargeback/section 75 claims for payments made through PayPal?
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    MaximumFish wrote: »
    Hmm, I did apparently pay with a credit card, just via PayPal. Don't they have restrictions against chargeback/section 75 claims for payments made through PayPal?

    They do and most won't allow it. I will try and find the link giving more info.....
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    Have a read here.

    http://www.moneysavingexpert.com/credit-cards/PayPal-Section75

    I have a company and we use a merchant processor for processing our payments, if we used paypal to merchant process, then the payer would be covered. If however, you bought items from me on eBay you are likely to opt to pay by paypal. A slight but huge difference.

    Without knowing fully how your seller's process is set up it's difficult to make a call. But nothing ventured, nothing gained.

    http://www.moneysavingexpert.com/credit-cards/PayPal-Section75
  • MaximumFish
    MaximumFish Posts: 77 Forumite
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    Thanks for all the feedback with this. I think I'm going to try my luck with a section 75 claim, seeing as the seller offers no other form of payment (nothing lost, nothing gained, right?). I'll let you know if I have any success.
  • angryparcel
    angryparcel Posts: 926 Forumite
    theonlywayisup wrote: »
    They do and most won't allow it. I will try and find the link giving more info.....
    I have done section 75 claims that were paid via CC through Paypal and had no issues with card company The issue is getting Paypal to locate the transactions number as using a CC/DC through ebay you pay through PP, but as a guest, so the transactions does not show in your PP account, but all PP keeps telling you is to go into your PP account and get thew transaction number.
  • soolin
    soolin Posts: 72,194 Ambassador
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    angryparcel wrote: »
    I have done section 75 claims that were paid via CC through Paypal and had no issues with card company The issue is getting Paypal to locate the transactions number as using a CC/DC through ebay you pay through PP, but as a guest, so the transactions does not show in your PP account, but all PP keeps telling you is to go into your PP account and get thew transaction number.
    You are muddling 2 different things, it is entirely possible to pay by credit card via a paypal account. My transactions, when I fund from a CC show exactly the same as all other transactions in my paypal account , the only way I can see any difference is when I check the funding source- it shows credit card rather than funds or bank transfer.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • MaximumFish
    MaximumFish Posts: 77 Forumite
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    edited 31 July 2017 at 3:49PM
    angryparcel wrote: »
    I have done section 75 claims that were paid via CC through Paypal and had no issues with card company The issue is getting Paypal to locate the transactions number as using a CC/DC through ebay you pay through PP, but as a guest, so the transactions does not show in your PP account, but all PP keeps telling you is to go into your PP account and get thew transaction number.

    Just had a reply from the card company giving me the runaround saying it's nothing to do with them. You say that you've had success with S75 claims when using Paypal? Where do I go from here? Straight to the ombudsman?

    Edit: No reason not to post their reply...
    I am sorry to learn of the difficulties you are experiencing with this merchant.

    Section 75 of the Consumer Credit Act 1974 covers purchases made using the card costing between £100 and £30,000, where a misrepresentation or breach of contract has been proven.

    I would advise that you as "the cardholder" are the debtor in this agreement and therefore must establish a valid claim for breach of contract or misrepresentation against the merchant to whom you made the card payment.

    In this instance, the agreement is between yourself, and the merchant, PayPal, who have fulfilled their obligations by passing the funds to BLPHOTO. Any breach of contract is by BLPHOTO, who is not a party to the credit card transaction.

    If you accept this decision and you still wish to pursue the matter with, you may want to seek independent advice, perhaps from your local Trading Standards Office or Citizens Advice Bureau.

    If you do not accept this decision or you have additional information which you would like us to consider please contact me so we can discuss this further.

    I am sorry that this may not be the outcome that you were hoping for however I hope that you will understand this decision.
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