Paypal - Negative balance, Credit rating concerns.

ponyboy2000

Paypal have told me that as the item HAD been sent, they were within their rights to credit the buyer regardless of whether I actually received it and won't credit me any cash, even though they acknowledge the item is back with the buyer. they have advised me to contact the buyer direct, making a mockery of their own guidelines.

I've told them I am prepared to go to the financial ombudsman and possibly the small claims court if they don't credit my account.

Do you think I have a case?

thanks

TurkishDelight

ponyboy2000 wrote: »

I got this from paypal this morning:

Thank you for contacting PayPal.

Please find the tracking details below:

Tracking Company: Royal Mail
Tracking Number: ZWxxxxxxxxxxx

The Royal Mail website previously advised that there was an attempted delivery from the Royal Mail LEE Delivery Office before 10:44 on 30/07/09 and they left a while you were out card. It now has a further update stating that the item has been returned to the sender. I advise you to contact the buyer to rearrange delivery.

Surely this means they have to return my money as they aren't allowed to refund the buyer until I have the item?

That counts unfortunately since you had the chance to pick up the item. I guess you never got a card from the post office? Not really the buyers fault that you didn't get a card though, more the royal mail. Without this sort of protection sellers could send substandard goods knowing that the buyer would have to send the item back and they could just refuse the delivery.

ponyboy2000

TurkishDelight wrote: »

That counts unfortunately since you had the chance to pick up the item. I guess you never got a card from the post office? Not really the buyers fault that you didn't get a card though, more the royal mail. Without this sort of protection sellers could send substandard goods knowing that the buyer would have to send the item back and they could just refuse the delivery.

So basically I am shafted.

MrsTinks

Not really - ultimately you could contact the buyer - tell them to post again - if within a week no contact then contact them AGAIN and advice them that you will now lodge a small court claim unless they return your phone IMEI number xxxxxxxxx in the condition they recieved it or you could report it stolen and tell the police the address of the buyer Alternatively depending on where they are you could pop by and knock on their door

frivolous_fay

I wouldn't let this lie. Ok, so you could have checked for a package, but were you told it had been sent to you? Obviously you didn't get a card.

I would start by sending an invoice (recorded delivery) asking the buyer to repay as he has had the item returned. Alternatively, offer them the option to post it to you. Give him a deadline for both options.

Failing that, write to him again notifying him of your intention to perdue the matter through small claims if payment/item is not received within 7 days.

Edit: sorry Mrs T, that's prettymuch what you said!

ponyboy2000

Thanks for those last two replies. I was close to rolling over and just paying the money to pp.

digerati

ponyboy2000,

I would strongly advise that you only open the package at a Royal Mail depot or post office. Why? There is a strong chance you not receive the same phone that you sold, or it will be in a different condition to that sent.

Have a blank Statutory Declaration form handy so you can get a third-party (postal employee) to confirm any problems or discrepancies. View it as insurance against any more potential problems.

ponyboy2000

I have contacted the buyer who never received the item back from the post office, so I haven't got the item, the buyer hasn't got the item, I haven't got my money and paypal have now referred the matter to a DCA.

I think ti's time to go to the Finacial ombudsman.

Smart_But_Casual

Paypal have long been accepting that proof of attempted delivery is enough to trigger a refund. It is to stop sellers saying that they never got it and therefore avoiding deserving refunds.

ponyboy2000

An update (and closure)

I took the case to the FOS who contacted paypal who then sent the matter to their 'executive Escalations Dept' where I was advised they would get back to me in 4 weeks after looking into all the details.

I just recived a call from paypal and they are going to remove the neagtive balance and unblock my account as a gesture of goodwill.

Thanks for all your help, I would have paid up if I hadn't received advice from MSE.