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Advice Required Please On Paypal Dispute

I am in the process of a Paypal dispute against a buyer for "item not as described" and the dispute has been escalated.

The dispute notes states the seller needs to respond by today before Paypal makes a decision. As the seller has not done this will this aid my case and increase the chances of the decision being found in my favour?

If found in my favour does the refund come via Paypal or the seller? As the seller has offered no response I would be surprised if she sent me a refund if instructed to do so!!

I have seen on this forum that I will need to send item back to seller at my expense and trackable. When does the refund actually take place - will it be via Paypal when I supply a tracking number or do I have to rely on the seller refunding after receipt???

Finally what is stopping the seller saying the item is not in the condition it was sent (although it is)?

Sorry for all the questions I am just really confused as I have never opened a dispute in this manner before?

Thank you for any help
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Comments

  • thevogon
    thevogon Posts: 225 Forumite
    If the seller does not respond it will be decided in your favour.

    The refund usually comes from the sellers Paypal account as funds are 'held' once the dispute is raised. If the seller does not have funds then Paypal pay if its covered under buyer protection and the sellers account is given a negative balance.

    The refund will take place when you supply a tracking number and either the seller confirms receipt, or Paypal check the tracking after 10 days and confirm receipt. If the sellers refuses or fails to collect the item then Paypal will ask you for proof of postage and refund anyway if it matches.

    If the seller says the item was not in the same condition, Paypal will ask for proof and will consider the appeal. However they rarely find in favour of sellers.
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    In my case, the seller was so useless he couldn't even be bothered to supply a return address - as he failed to do this, PP refunded me without having to return.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • snow
    snow Posts: 127 Forumite
    I'm in the process of a dispute too :( . The item is SNAD and I'd like to attach its photo, but seems there is no option for that... I can only see in the dispute details "You have no files submitted" but no option to do this. Is it only when PayPal asks you to submit evidences then such an option will appear?
  • soolin
    soolin Posts: 74,432 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You should be able to upload photos, I found the facility once but goodness knows where it was.
    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.
  • snow
    snow Posts: 127 Forumite
    Well, I thought the same. Last summer I had a dispute and downloaded not only photos but letters as well. But cannot find the option now :( I did ask PayPal but they suggested to fax the docs to them, but I can see no point in that as the photo will loose all small details when sent by fax..
  • soolin
    soolin Posts: 74,432 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    All I can remember is that the place to upload wasn't at all logical, but then, when is paypal logical!
    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.
  • Mutton_Geoff
    Mutton_Geoff Posts: 4,030 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    How did you pay Paypal? If it came from your credit card, speak to the card company and have the payment reversed (chargeback). If it was your bank, speak to them. I just had a 5 week old direct debit reversed with Paypal as the dispute process was closed by them without notice as it wasn't included in "their terms & conditions" (I paid for a rental property overseas that turned out to be misrepresented).

    My bank were sympathetic that I'd been through the normal course of action, negotiation with owner, dispute process etc and backed up my claim and took the money back from Paypal for me.

    I also closed my account with Paypal as after many years of being a good customer, it counted for nothing in their process and they weren't the slightest bit interested in helping.

    It's now Paypals problem not mine :rotfl:
    Signature on holiday for two weeks
  • I've just opened a SNAD dispute today. Never done it before but ebay helped me through it on the phone as I kept timing out on paypal!

    I think my letter to the seller was too long!
  • thevogon
    thevogon Posts: 225 Forumite
    If it came from your credit card, speak to the card company and have the payment reversed (chargeback).
    Paypal transactions are not covered or protected in any way under section 75 of the Consumer Credit act and as such most credit card companies will not raise chargebacks for authorised Paypal transactions except in cases of obvious fraud.
    If it was your bank, speak to them. I just had a 5 week old direct debit reversed with Paypal as the dispute process was closed by them without notice as it wasn't included in "their terms & conditions" (I paid for a rental property overseas that turned out to be misrepresented).

    My bank were sympathetic that I'd been through the normal course of action, negotiation with owner, dispute process etc and backed up my claim and took the money back from Paypal for me.


    It's now Paypals problem not mine :rotfl:
    That would be via 'the direct debit guarantee' - which is compulsory on banks, not because they are 'sympathetic'. You will no doubt still owe Paypal the money, you will have a negative balance, be unable to use your Paypal account and will eventually be hastled by their debt collection agency.
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    thevogon wrote: »
    Paypal transactions are not covered or protected in any way under section 75 of the Consumer Credit act and as such most credit card companies will not raise chargebacks for authorised Paypal transactions except in cases of obvious fraud.


    Whatever the ins and outs of the Act - I disagree with your use of the word 'most'.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
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