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Paypal claim - but returned item being sent back to me?

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  • Beckyy wrote: »
    Tracking has changed to

    Your item with reference X is being returned to sender.
    This is either because the item wasn‘t picked up by the recipient, or because we couldn't deliver it. Sorry for any inconvenience. Please allow for at least two days before tracking the return of your item.

    Will wait until it's back with me for now. :mad:
    I dont understand the timeline of your dispute but Paypal should have had plenty of time to check the tracking number.

    Dont worry about the phone coming back to you though. You can prove you posted it back to the seller and you can prove that they deliberately didnt pick it up. You just need to wait for Paypal to catch up.

    Also, Im not sure what proof of postage has to do with it all. You dont need proof of postage if you have tracking.

    Does your dispute say "Paypal is reviewing the case"?
  • Beckyy
    Beckyy Posts: 2,833 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 20 February 2012 at 10:32AM
    Sorry, I probably haven't explained it very well:

    - Phone faulty, seller agreed to refund
    - Returned to seller 30th Jan
    - Unable to be delivered 1st Feb
    - Messaged seller to see if they had picked phone up
    - Seller replied 7th Feb said they would pick up following day
    - Phone not picked up, seller not replying to messages
    - 9th Feb dispute opened with tracking details in message
    - Seller didn't reply
    - Dispute escalated to claim 12th Feb (Paypal reviewing the case)
    - Phone being returned to be today
  • hermum
    hermum Posts: 7,123 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Phone paypal & tell them that the seller refused to collect & it's now being returned to you, they may still give you the refund.
    If you get the refund contact the seller when it's back with you, saying that you will return it if they send the return postage.
  • Beckyy
    Beckyy Posts: 2,833 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Update:

    The phone has been returned to me.

    Paypal have agreed to give me a refund after I have returned the phone via. a tracked postage method. I'm a little annoyed that I have to pay to return the phone AGAIN. I was going to call them tomorrow, but I would have to send the phone back anyway (I don't want to be stuck with it), so I guess sending it back to the seller again (at my own expense!) is the only option. Will cut down on packaging as much as possible and send it 2nd class... just hope they're in as I'm not posting it back a 3rd time!!!
  • hermum
    hermum Posts: 7,123 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Did you phone Paypal or was it done by email,
    In their legal agreement is this,
    13.6 How is the Claim resolved?

    Once a Dispute has been escalated to a Claim, PayPal will make a final decision in favour of the buyer or the Payment Recipient. You may be asked to provide receipts, third party evaluations, police reports, or any other information or documents reasonably required by PayPal to investigate the Claim. PayPal retains full discretion to make a final decision in favour of the buyer or the Payment Recipient based on any criteria PayPal deems appropriate. In the event that PayPal makes a final decision in favour of the buyer or Payment Recipient, each party must comply with PayPal’s decision. PayPal may require the buyer to post an item back to the Payment Recipient that the buyer claims is Significantly Not as Described (at the buyer’s expense), and PayPal may require a Payment Recipient to accept the item back and refund the buyer the full purchase price plus original postage costs. If a Payment Recipient refuses to accept the item, PayPal may award the Claim in favour of the buyer, provided the buyer has provided satisfactory evidence to PayPal that the item was sent to the Payment Recipient. In the event a Payment Recipient loses a Claim, the Payment Recipient will not receive a refund on his or her PayPal or eBay fees associated with the transaction. If you lose a Significantly Not as Described Claim because the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you will not receive the item back (it may be destroyed).
    I would phone them, if you're sending back special delivery which you should be, then you're going to be hugely out of pocket.
  • Big_W
    Big_W Posts: 148 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    If I'm reading this thread correctly, then enough has been done already to warrant a refund.

    As Soolin often posts, Paypal sometimes need to be reminded of their own rules. Maybe be worth ringing up Paypal and reminding them of the terms that Hermum has pointed out.

    OP - definitely do NOT send again with a postage method that is not tracked - you could well lose both item and money that way.
  • hermum
    hermum Posts: 7,123 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Big_W wrote: »
    If I'm reading this thread correctly, then enough has been done already to warrant a refund.

    As Soolin often posts, Paypal sometimes need to be reminded of their own rules. Maybe be worth ringing up Paypal and reminding them of the terms that Hermum has pointed out.

    OP - definitely do NOT send again with a postage method that is not tracked - you could well lose both item and money that way.

    Being able to prove attempted delivery should be enough to get your refund, this is to stop bad sellers not collecting their crap from the delivery office.
    I would phone until I got someone who knew their own rules.
  • Beckyy you do not have to return the item again.....you already have done that.

    Forget about proof of postage and screenshots as Paypal are not interested in those.

    Just give Paypal the tracking number you paid for when you returned the item. You can follow this up with an email, or a phone call and tell them exactly what has happened. That the seller has refused to pick the phone up and it has now come back to you.

    What I dont understand is why Paypal were not reviewing this case before the phone got back to you. The phone had to have been in the sorting office for quite a while.

    Just dont send it back again...you dont have to.
  • Beckyy
    Beckyy Posts: 2,833 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Thank you for the replies, it's much appreciated!

    The claim says that I'll only get my refund once the tracking says that the item has been delivered to the seller and successfully returned. The tracking number when I sent it back says the item is being returned to the sender now, please allow up to 2 days for this.

    I'm just about to leave to go back to work so won't be able to ring paypal today.

    The section for me to reply to the claim in asks for the tracking code, postage method and has a comments box. I might just put the details in there, and write in the comment box that they didn't bother to collect it and it's been returned to me instead of phoning up.

    Oh what a faf, it wasn't even a great phone!
  • hermum
    hermum Posts: 7,123 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would try my hardest to not have to return it again, you could be doing this for the rest of your life. They knew it was waiting for them to collect, if Paypal insist you return it yet again, it's a darn good loophole for bad sellers.
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