Are Paypal acting illegally?

Tubby_Hubby

Hi

This is my first post although I've been a lurker for a while. I hope I've put this in the right place.

I recently purchased an item from a business seller on Ebay, the item was faulty when it was delivered, I contacted the seller the same day and advised that the item was faulty, the seller responded asking me to return the item for a refund. However, the seller wants me to send the item back by recorded delivery, (it was only sent by standard Royal Mail to me!). I refused to bear the postage costs as the item was faulty and thefore raised a Paypal dispute.

Paypal immediately found in my favour and advised that I would receive a full refund as soon as I returned the item to the seller by a trackable postal method

I explained to Paypal that the seller was responsible for return postage costs under the Sale of Goods Act 1979 as the item was unfit for purpose. Paypal insist that there terms and conditions (which I signed up to) put the responsibility for return postage costs with the purchaser not the seller. I have spoken to Trading Standards who confirm that the seller is liable for the postage costs but Paypal think their terms and conditions over ride UK law.

Has anyone else had this problem with Paypal when trying to get a refund for faulty goods?

TH

Smart_But_Casual

In paypal world the buyer pays for returns but any decent seller would pay the shipping costs of a faulty item.

frivolous_fay

I don't know about the legalities of it all - but the trackable delivery method suggested to you is so that you have proof the item was returned.

You could choose to send it back untracked, but obviously you'd be relying on the honesty of your seller, and the efficiency of the RM!

mrmr37

Welcome to the world of Paypal. Have you not heard that Paypal are above the law in this country!!!:rotfl:

They do what they want, when they want and dont ever feel the need to explain themselves!

(I'm on a bit of Paypal bashing spree today!!)

cyberbob

As ABC says regarding the paypal world. But its not paypal breaking the law technically its the seller as they are responsible for the goods

Cyril will be along Soon

smashed

DSR's etc do not apply to auctions, but do apply to BIN's.
Paypal will act illegally with a lot of things, but you would have to go to small claims court to fight them, or the seller, if paypal wont listen to you.

Tubby_Hubby

Thanks all

I know I'm right on this one regarding return postage costs. Paypals terms and conditions are clearly unfair and I suspect illegal. When I spoke to them this morning they advised me that there is no ombudsman/financial organisation in this country who they are answerable to. If I want to complain I have to go to the ombudsman in Luxeumbourg, but amazingly they couldn't provide me with the addesss. So I contacted the Financial Ombudsman Service to find out what to do and hey presto a complaint has been raised and Paypal now have to respond within 8 weeks.:rotfl:

I'm not holding my breath on this one but if they are forced to change their terms and conditions to ensure that purchasers can get postage costs on faulty goods refunded then I think a lot of people will be very happy and sellers will have to act within the law.

I am so angry I'm thinking of starting a petition, anyone know how to do this?

pinkshoes

Why don't you send the item back to the seller by trackable method, and see if they then refund you? Any good seller will refund the item cost as well as all postage once it's returned. If they don't, then leave them a factful negative feedback.

Until the seller actually refuses to refund you the return postage, and only refunds the initial cost and postage, then he/she hasn't actually done anything wrong yet, so I think you're jumping the gun a little.

Premier_2

Tubby_Hubby wrote: »

Are Paypal acting illegally?

Hi Tubby Hubby & welcome to MSE

No, paypal are not acting illegally.:hello:

You agreed to paypal's terms when you signed up for their service. If you want paypal to help you in your predicament, then you need to abide by those terms.

Otherwise sort out your issues with your trading partner outside of ebay/paypal.

Smart_But_Casual

Tubby_Hubby wrote: »

Thanks all

I know I'm right on this one regarding return postage costs. Paypals terms and conditions are clearly unfair and I suspect illegal. When I spoke to them this morning they advised me that there is no ombudsman/financial organisation in this country who they are answerable to. If I want to complain I have to go to the ombudsman in Luxeumbourg, but amazingly they couldn't provide me with the addesss. So I contacted the Financial Ombudsman Service to find out what to do and hey presto a complaint has been raised and Paypal now have to respond within 8 weeks.:rotfl:

I'm not holding my breath on this one but if they are forced to change their terms and conditions to ensure that purchasers can get postage costs on faulty goods refunded then I think a lot of people will be very happy and sellers will have to act within the law.

I am so angry I'm thinking of starting a petition, anyone know how to do this?

Paypal have registered offices in the UK so they do answer to the UK ombudsman.

This link may be of some help.

http://www.ukauctionhelp.co.uk/ppchargeback.php

Premier_2

Tubby_Hubby wrote: »

...I am so angry I'm thinking of starting a petition, anyone know how to do this?

Stand on the corner of the street with pen and paper and ask people passing by to sign one?