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Are Paypal acting illegally?
Comments
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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.
The seller has refused to refund postage under any circumstances.0 -
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.
Hi Premier
I agree that I did accept their terms and conditions, however, if their terms and conditions are deemed to be unfair or illegal then they cannot be enforced. I'm no legal expert but I don't think the Ombudsman would be pursuing a complaint if they thought Paypal were acting within the law. We'll just have to wait and see the outcome, when all is said and done, the Sale of Goods Act will always take precedence. My complaint with Paypal has been closed and I am pursuing the seller via the Trading Standards route.0 -
Paypal can only refund you the money they have had, they cannot refund the return postage as they have never had it and would unlikely be able to get it from the seller. Your recourse is to the seller, your contract is with the seller.Tubby_Hubby wrote: »The seller has refused to refund postage under any circumstances..0 -
Tubby_Hubby wrote: »Hi Premier
I agree that I did accept their terms and conditions, however, if their terms and conditions are deemed to be unfair or illegal then they cannot be enforced. I'm no legal expert but I don't think the Ombudsman would be pursuing a complaint if they thought Paypal were acting within the law. We'll just have to wait and see the outcome, when all is said and done, the Sale of Goods Act will always take precedence. My complaint with Paypal has been closed and I am pursuing the seller via the Trading Standards route.
Trading Standards won't help you on a single item that was deemed faulty. They'll only act, for example, if the seller was knowingly selling lots of faulty items.
You'll have to pursue this matter yourself directly with the seller.
What ombudsman is currently investigating paypal over the matter you refer to?
"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Paypal can only refund you the money they have had, they cannot refund the return postage as they have never had it and would unlikely be able to get it from the seller. Your recourse is to the seller, your contract is with the seller.
I've haven't asked Paypal to refund the postage, I expect the seller to do this. I asked Paypal to refund the purchase price and ask the seller to arrange for collection of the item or pay for the return postage costs. I don't expect Paypal to refund me more than I paid but I don't expect to be out of pocket either. I also believe that Paypal are guilty of failing to use common sense, the seller posts the item by standard mail and I am expected to pay around £5 to return it by recorded delivery 0 -
Why should paypal refund you at all?Tubby_Hubby wrote: »I've haven't asked Paypal to refund the postage, I expect the seller to do this. I asked Paypal to refund the purchase price and ask the seller to arrange for collection of the item or pay for the return postage costs. I don't expect Paypal to refund me more than I paid but I don't expect to be out of pocket either. I also believe that Paypal are guilty of failing to use common sense, the seller posts the item by standard mail and I am expected to pay around £5 to return it by recorded delivery
(other than in accordance with their terms and conditions)
Surely it's for the seller to do that if you believe you have a valid claim."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
My TV is broken!
Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j0 -
Trading Standards won't help you on a single item that was deemed faulty. They'll only act, for example, if the seller was knowingly selling lots of faulty items.
You'll have to pursue this matter yourself directly with the seller.
What ombudsman is currently investigating paypal over the matter you refer to?
The seller has sold a number of faulty items and has failed to pay return postage costs to buyers, so I will pursue this with trading standards. I have already advised the seller that I expect a refund and he can arrange to collect the faulty item.
The Financial Ombudsman Service is dealing with the complaint and I am certainly not the only one to comlain to them.0 -
Why should paypal refund you at all?
(other than in accordance with their terms and conditions)
Surely it's for the seller to do that if you believe you have a valid claim.
Not sure what you're getting at. I expected Paypal to deal with this complaint as the item was faulty..... buyer protection and all that. It is up to the seller to provide the refund but surely he would need to do that through Paypal for his protection.
Can't understand why you appear to be so antagonistic, I was asking for information and advice.0 -
I can assure you trading standards won't be interested in a few cases you advise them of of other buyers not being refunded their postage costrs by the sellerTubby_Hubby wrote: »The seller has sold a number of faulty items and has failed to pay return postage costs to buyers, so I will pursue this with trading standards. I have already advised the seller that I expect a refund and he can arrange to collect the faulty item.
They are? Be sure to let us know when they find in your favour wont you?Tubby_Hubby wrote: »The Financial Ombudsman Service is dealing with the complaint and I am certainly not the only one to comlain to them.
In fact I'm sure it'll be on the national news if you ever do.
Somehow I can't seeing it being on the BBC news anytime soon though :cool:
So feel free to let us know when the Financial Ombudsman Service contacts you to explain why they believe Paypal have treated you fairly instead
"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100
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