Ebay/paypal big issues :( want to cry!!! help!

Zoelikesjam

DebtHater wrote: »

If you claim online, upto £300 value will cost £25, paper filing will cost £30.
Dont forget the £25 hearing fee that comes later on down the line, plus any other additional expenses such as witnesses, expert reports, etc.

OP, why did you not contact the seller sooner? Why leave it more than 45 days?

I was in contact with the seller every week up to the day i received the dresses.

unholyangel wrote: »

Its only 9 days a dress. Depending the style, materials, dressmakers waiting list etc then its quite reasonable.

As for the 45 day limit, thats the exact reason i queried whether it could be seen as an unfair contract term. IMO if she can prove when she received the dresses and can either confirm correspondence with the seller OR that they arrived when the seller originally stated that the 45 days should start from then or Paypal should have at least investigated. Fair enough its not covered by their terms but to me it just signals a blatant disregard for customer service.

I hate businesses that have a "we've got your money so now i dont care" attitude and i avoid them at all costs.

I can prove when i received the dresses, and i've got all the correspondence. I shall have a look to see what the normal delivery is on the listing.

unholyangel wrote: »

Is there anything else apart from them being the wrong size? Is it significant? And i may have missed it if you answered the previous poster asking but is the seller a private seller or a trader?

Did you contact the seller withing 7 days of receiving them to say they werent suitable?

also @ OP........what type of listing was it on ebay? Buy it Now, classified ads, auction? The type of listing can affect your rights too.

Nothing else significant except not being 'flairy' on the bottom of the dress iykwim?
I did contact her, and have heard nothing back
It was a buy it now listing

Thanks for all your comments

mazinmouse

really daft question just posted (wondering if ordered lengths in inches and received length in cms)

Zoelikesjam

lol nope, all done in inchs well,i ordered in inchs, so if they've done it in cm surely its there fault/mistake?
not a bad thought at all!

unholyangel

If it were buy it now and the dresses werent 2nd hand and they are a business seller (and not just a one off private seller) then you would be covered by the Distance Selling Regulations and providing you notified the seller within 7 days, are entitled to return the products without financial penalty.

Have you tried calling paypal and telling them this along with emphasising you can prove when you received the dresses?
Also, it must still live up to the description given on the ebay listing.

If neither paypal or ebay are willing to help, you could issue a chargeback if you paid by credit card although - as previously advised - this would lead to your paypal account being suspended. The other option is something already advised also. Issuing a LBA to the seller and if they do not comply with refunding your money, filing at the small claims court.

pinkshoes

unholyangel has a good point - they are a business, so you might have more rights.

You can't just return them under distance selling regs though, as they were made to order and not off the shelf, but you have a good case for "not fit for purpose".

I'd send a letter (recorded delivery) saying you would like to return the dresses as they're not fit for purpose. State all the measurements you gave, along with the actual size of the dresses. State that as your wedding is now so close (when is it??), there is no time to alter the dresses, and you've had to buy alternative bridesmaid dresses.

Give them 7 days to reply. If they don't reply, I'd write again, entitled "Letter Before Action", (again send recorded), stating that if they don't contact you to arrange a refund, then you'll have no other option but to take court action.

gordikin

Freddie_Snowbits wrote: »

I am a proffessional, read my signiture!

7 words, 2 spelling mistakes (hint: the big words!) yes you're a !!!!!!!

unholyangel

Well technically they havent been made to order, otherwise they'd fit

Quite shocking though. Getting married is supposed to be THE most stressful thing to organise. Last thing she needs is some eejit ruining it because they are totally inept.

Thanks for the clarification though. TBH i thought SOGA as faulty/not as described (hence my question about them being significantly different) but then DSR as thats supposed to be the "mail order SOGA" technically.

I still think the 45 day rule is a unfair contract term though IMO, maybe not for cases where they are sent out immediately but they should have something in place to protect buyers from this or to stop sellers selling items they cannot provide within a 2 week basis (thus giving the customer around a month to find any faults etc).

Equaliser123

gordikin wrote: »

7 words, 2 spelling mistakes (hint: the big words!) yes you're a !!!!!!!

Must be a really bad day you are having.

Zoelikesjam

Ignoring the aguments! (as my spelling is dia!)
Thankyou so much for the advice, your right, this is the last damn thing i need! the wedding is now three weeks away eeek. I shall do all you sugested, ta muchlyx

unholyangel

zoelikesjam wrote: »

Ignoring the aguments! (as my spelling is dia!)
Thankyou so much for the advice, your right, this is the last damn thing i need! the wedding is now three weeks away eeek. I shall do all you sugested, ta muchlyx

Well good luck, let us know how you get on and if we dont hear from you before, good luck/congrats for your wedding