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PayPal, as a buyer do I have any rights?

OK, I bought an item off eBay via PayPal and picked it up in person. There was a problem with the item that I couldn't resolve with the seller. When I contacted PayPal they said they could do nothing as I picked up the item in person.

So, do I really have no rights when paying via PayPal and picking up items in person?

What can I do about getting my money back for a faulty item?
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Comments

  • liannee22
    liannee22 Posts: 230 Forumite
    ive just had a problem with paypal, they sorted it out for me but whilst i was looking at all the terms and conditions im sure it stated that you are only covered against items that can be posted? im sure someone will correct me if im wrong!!! sorry to hear about your problem thou, hope u manage to get some sort of resolution x
  • I hadn't realised that until I complained.

    And because I used PayPal (I used it because I thought it gave me some protection) I can't resolve it through my credit card company, or can I?
  • liannee22
    liannee22 Posts: 230 Forumite
    im really sorry, i dont know!!! i only know that because ive got an ongoing dispute at the mo, there are some very cleaver people who post on this site, sure you will get some good advice from some one soon, i did x
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Can you give an idea what the item was and the value.
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 April 2011 at 5:34PM
    The buyer protection programme is covered here as far as I can see there is no requirement for a buyer to have the item posted to them. I suspect the person you were speaking with did not understand quite what you were asking.

    Strictly speaking when you collect an item, it is sold as seen 'caveat emptor'. You really should pay cash and shake hands, the deal is done. No going back.

    However Paypal offer protection when you pay with them. The seller should have sent the item to you, but that is not to say that as a buyer your forfeit your protection just because you collected. I cannot find anything with a quick glance at their T&C that suggest this.

    As long as the item was eligible (which is why I asked what it was), then in theory you can file a 'significantly not as described' claim. You will have to pay to have the item returned to the seller using an online trackable means.

    Can you give a little more info, ie what is wrong with the item etc.
  • If I tell you what I actually bought, you will lol and say I was a muppet for buying something like that on eBay...

    The value was £599, which is quite a lot as I'm not working right now.

    My problem is that there seems no way of resolving the dispute because I picked up the item in person. Had I paid directly via credit card, then I could have gone to my credit card company.

    I think it should be made clearer that PayPal doesn't always give the protection it claims. I think there must be other people out the who think they are covered, but are not.

    In future, I'll make sure I ONLY use a credit card when paying for anything expensive.
  • OK,

    Thanks theonlywayisup the link was helpful. I think the response from PayPal was unhelpful as the reason they gave should simply have been that the item wasn't covered.

    That'll teach me for not reading the small print.
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    adrianjudd wrote: »
    If I tell you what I actually bought, you will lol and say I was a muppet for buying something like that on eBay...

    The value was £599, which is quite a lot as I'm not working right now.

    My problem is that there seems no way of resolving the dispute because I picked up the item in person. Had I paid directly via credit card, then I could have gone to my credit card company.

    I think it should be made clearer that PayPal doesn't always give the protection it claims. I think there must be other people out the who think they are covered, but are not.

    In future, I'll make sure I ONLY use a credit card when paying for anything expensive.

    I wouldn't think you a muppet.

    What size of item are we talking about?

    The only ambiguous part of the BPA (Buyer protection agreement) I can find is this....
    13.4 How much coverage do I get with PayPal Buyer Protection?
    1. If PayPal determines a Claim in your favour, PayPal will re-imburse you the full purchase price of the item and original postage costs only.
    2. PayPal will not reimburse you for the postage costs you incur to return a SNAD item to the seller or another party PayPal specifies. If the seller presents evidence that they delivered the goods to your address, PayPal may find in favour of the seller even if you did not receive the goods. See section 13.11 for other protection you may be entitled to. You may wish to contact Consumer Direct (www.consumerdirect.gov.uk) for advice on your consumer rights.

    However, the seller cannot give such evidence as they did not deliver. So I would be inclined to challenge this.

    I would file a claim for SNAD and depending on what size the item was, have it couriered back to the seller.
  • liannee22
    liannee22 Posts: 230 Forumite
    • Claims can only be made for physical goods that can be posted and are not prohibited
    • Buyers must raise a dispute within 45 days of a single PayPal payment for the full price of the item. If no satisfactory response is received from the seller, a claim must be filed within 20 days of raising the dispute
    • Buyers cannot make multiple claims on the same payment
    • Other eligibility requirements apply. See terms and conditions
    this is where i got confused thinking that you can only claim for things that could be posted! i told you you would be able to get some good advice! hope u sort it x
  • fishingcinema
    fishingcinema Posts: 1,048 Forumite
    adrianjudd wrote: »
    If I tell you what I actually bought, you will lol and say I was a muppet for buying something like that on eBay...

    The value was £599, which is quite a lot as I'm not working right now.

    My problem is that there seems no way of resolving the dispute because I picked up the item in person. Had I paid directly via credit card, then I could have gone to my credit card company.

    I think it should be made clearer that PayPal doesn't always give the protection it claims. I think there must be other people out the who think they are covered, but are not.

    In future, I'll make sure I ONLY use a credit card when paying for anything expensive.

    I would not say you are the muppet for paying by paypal, i would say the seller is as they have just left themself wide open to an item not received claim :(

    In no way am i saying con the seller out of the money and the item but if the item is faulty or defective and the seller is not playing ball, if it was me i would be tempted to open an item not received case and when i had my money back return the item to the seller so that they have there item back and you have your money back.
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