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Can I change a dispute type?

I bought an item from a seller in Hong Kong using BIN and paid immediately (on Feb 12th). After four weeks, I hadn't received it so I contacted the seller. They said it might be with customs to wait a bit longer etc (it was less than £18 so I didn't expected it to have been stopped).

On Tuesday I contacted them again and they said they would investigate (haven't heard back from them yet). To be on the safe side, I opened an item not received dispute. On Thursday, it arrived - it hadn't even been posted until March 6th!!. When I opened it, I found it wasn't exactly what I ordered (cheaper spec).

I really should close the "item not received" dispute but, if I do so, will I be prevented from opening an "item not as described" type dispute?

Comments

  • vickypark3
    vickypark3 Posts: 101 Forumite
    edited 26 March 2010 at 4:18PM
    AFAIK if the dispute is a paypal dispute you now have the option to change from INR to SNAD. Do NOT close the dispute you already have open as you will not be able to open a second dispute

    see 13.8 B

    https://cms.paypal.com/uk/cgi-bin/?&cmd=_render-content&content_ID=ua/UserAgreement_full&locale.x=en_GB#13.%20Disputes%20between%20Buyers%20and%20Sellers%20-%20Buyer%20Protection%20Programmes
  • EddyH_2
    EddyH_2 Posts: 32 Forumite
    If you change to an item not as described dispute though you will have to send the item back with tracking at your cost. I expect this will be a big chunk of the item cost as it's from Hong Kong.
  • trukdiver
    trukdiver Posts: 747 Forumite
    edited 26 March 2010 at 6:19PM
    EddyH wrote: »
    If you change to an item not as described dispute though you will have to send the item back with tracking at your cost. I expect this will be a big chunk of the item cost as it's from Hong Kong.

    I opened the dispute through Ebay but it was paid for with Paypal.

    It's not that it's the completely wrong item. It's a torch which was supposed to be supplied with stainless steel bezel and lanyard ring. They sent the basic torch without the extras (which were paid for). It isn't really worth sending it back because of the cost of postage - they could easily send the missing bits.. also, they didn't post it until more than three weeks after it was paid for! I don't think they're crooks, just innefficient!
  • jazabelle
    jazabelle Posts: 1,707 Forumite
    Then your dispute should be that you want the extra parts, not to send the torch back, right?
    "There is no medicine like hope, no incentive so great, and no tonic so powerful as expectation of something better tomorrow." - Orison Swett Marden
  • trukdiver
    trukdiver Posts: 747 Forumite
    jazabelle wrote: »
    Then your dispute should be that you want the extra parts, not to send the torch back, right?

    Yes, but is that an item not received or not as described? The extra parts only cost a couple of dollars. The postage would be more than that if I bought them separately, and I've already paid for them...
  • pinkshoes
    pinkshoes Posts: 20,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    trukdiver wrote: »
    Yes, but is that an item not received or not as described? The extra parts only cost a couple of dollars. The postage would be more than that if I bought them separately, and I've already paid for them...

    It's all part and parcel of buying from abroad... you have to weight up the pros and cons if something goes wrong, and what it'll cost you to send it back.

    Could you not just email them explaining bits are missing, and ask them to send the missing bits?

    If they won't play ball, then you might just have to resort to leaving a negative, as I don't think you can change your dispute, and you would still have to pay to send them back.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • trukdiver
    trukdiver Posts: 747 Forumite
    pinkshoes wrote: »
    It's all part and parcel of buying from abroad... you have to weight up the pros and cons if something goes wrong, and what it'll cost you to send it back.

    Could you not just email them explaining bits are missing, and ask them to send the missing bits?

    If they won't play ball, then you might just have to resort to leaving a negative, as I don't think you can change your dispute, and you would still have to pay to send them back.

    Thanks. I've asked them to send the missing bits. I'll just have to wait and see what happens.... As the order is incomplete, I've left the "item not received" dispute open.
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