received empty box!!!!!!!help

burcrita1

UPDATE!
Sorry i could not reply before.
I just wanna tell u what's happened since my last post.
well,paypal dispute is still open.Seller never got back to me.However,i have received the phone and charger by special delivery 3 days ago. Phone is not working 100%,it keeps losing the coverage signal.It has scratches all over and no stylus!I called apple and ask them to repair it.it would cost me £80.i am happy to do that if the seller accepts this cost.
i emailed the seller but no luck.
I dont know what to do,if the paypal refunds my money!?
He hasnt provided any tracking what so ever.I dont think he knows about the dispute case.
Can i open a second dispute- item as not described!
should i let paypal know that i have received it but faulty.
should i just wait?
............
thanks

Premier_2

burcrita1 wrote: »

...Can i open a second dispute- item as not described!
should i let paypal know that i have received it but faulty.
should i just wait?
............
thanks

No. One item, one dispute.

What did you open the dispute as? Item not received? That would have been your error in the first instance as the item was received and the seller could prove it via recorded delivery tracking code.

You should have initially raised the claim as item significantly not as described. i.e. you thought you were getting a phone in a box, but you only got a box.

You can't really continue the dispute of item not received. You should close the dispute immediately. If you don't you'll either lose the claim because the seller inputs either tracking code (the original recorded delivery or the later special delivery), or failing that and the seller loses the paypal claim, then expect a demand for payment probably followed shortly thereafter by a legal summons (with the extra costs that incurs included)

If the item is faulty, you need to negotiate a resolution with the seller. Normally under paypal/ebay rules, that means returning the item in the original condition it was delivered using a trackable delivery service at your own cost, whereupon the seller will provide a full refund of the price you paid plus the original postage. Unfortunately as you acted in haste and raised the wrong claim initially, ebay/paypal won't help you.

If you receive a summons, you could try a counterclaim

burcrita1

what about if i change the reason of claim?i believe i can do that !
i am happy to return it but no reply from seller!
i had enough of this hassle.

Poppy9

Isn't there a time limit for sending goods though?

Also why send an empty box first time and then 3 weeks later the phone?

frivolous_fay

burcrita1 wrote: »

what about if i change the reason of claim?i believe i can do that !

It can be done, but it's not easy. You'd have to ring PP.

yorksrabbit

The OP paid for a phone and received only the box. The OP may not unnaturally have decided that the item at the heart of the transaction -- the phone -- had not been received, only its box. So she claimed for non delivery of that which she'd paid for.

Now, delivery has occurred. So that dispute is settled.

Except the condition of the item delivered is so at variance with that stated in the listing that it's a SNAD.

So: new dispute.

Whether or not the OP provided the correct basis for the original dispute is beside the point -- the INR situation is settled; the SNAD isn't. Alternatively: if she had started off with a SNAD, then it's still open and unresolved.

As Fay said, best to talk to PayPal. They've become so pro-buyer in recent years, it'll be a very odd day that dawns when PayPal doesn't exert its muscle against any seller -- fairly or, as is too often the case, unfairly.