Item Not As Described - PayPal found in Buyers favour!

timelord_4

I recently purchased a mobile phone off ebay. This was described as brand new, when I received the item it clearly wasn't. There were previous photo's, numbers, contacts, text messages etc which I have had to erase. The overall condition off the phone is clearly not new. The phone also took a staggering 14 days to arrive, having requested multiple times of when can I expect to receive this item.

I filed a dispute with PayPal under Item not as described. They have emailed back to me today saying they have gone in favour of the seller. I am absolutely gobsmacked. They have contacted the seller by phone but never myself. How can they have come to this decision without ever speaking to me? Can I dispute against this?

To top it all, the seller then also filed a no payment received strike against me - even though I paid staright after the auction via PayPal. He has sent several quite uncivil emails to myself via eBay (including me calling a liar and a conman). I have copies off the emails he has sent and the replies I have sent. I have asked PayPal for clarification but they have not replied.

Can somebody please help, really rather stressed about the whole affair. What is my next step?

susplum

Did you make note of the numbers and other information? If you were going to dispute via paypal surely deleting your evidence was not the wisest thing to do. Did it come with a sim or was all this information stored directly to the phone?

Try calling PP and speaking to a human. I don't know if it will help but PP have been known to reverse their decisions. Also, if you paid paypal to paypal they would have evidence of this transaction.

Sorry I don't have more useful advice.

soolin

Sorry I'm a bit confused?

Your title is 'paypal found in buyers favour' yet you say you are the buyer and yet paypal found against you? Also,I'm confused that if you paid by paypal and it has not been refunded then how has the seller managed to do an NPB against you? The paypal payment you made should automatically prevent him from doing that unless you have been refunded.

timelord_4

Sorry, yes, PayPal found in sellers favour. I have still got copies of some of the contact from the phone. No sim card came with the phone, but the seller in a later email stated that he put the sim card in to test the phone, however all the info was stored on the phone. Still got photos of the scissors sister concert he went to etc on the phone.
The seller also states in an earlier email that I requested info on the sim card - I have never requested this. the listing clearly states that this is a brand new phone. I just dont get how payPal can come to this decision without ever speaking to me and only to the seller. The seller never gave me a chance to respond on PayPal before he escalated the claim further.

susplum

I'd suggest phoning them then and tell them you have photographic proof that the phone had been used. Mention that you will get legal advice, that should light a fire under someone.

In what way does the condition of the phone prove that it was used?

Make sure you are armed with as much proof as possible before you contact PP so they don't have a leg to stand on.

Also putting the listing number in your post so that everyone here can get an idea of what you are talking about might help too.

calpsy

PAYPAL ARE SCUMBAGS

Do They Use Common Sense ? ? ? . . . . .
Dont be silly

They are a law unto themselves that lot ....... If they used common sense then it would be a first cos they are thick as ......... something thick .

BUT .... they have you by the short and curlies cos they know you will continue to use them .

RANT OVER ! :mad:

Blacksheep1979

the usual question - did you pay by credit card?

soolin

I'm still confused as firstly the seller cannot do anything to escalate the paypal claim..if you put in your item not as described claim then the buyer would have to respond and that response should be visible in your paypal when you log in and check, and they *should* give you the opportunity to respond further for a few days.

As you have paid for the item the seller should not be able to do a non paying bidder complaint on you...the system will show you have paid? The only way he can do an NPB is if paypal returned your money and so the system showed it is now unpaid.

However, call paypal this morning and see what they have to say about their bit of the transaction.

timelord_4

The seller can escalate the claim. The seller did respond to my inital complaint via PayPal and is visible in PayPal. He claimed he was going to give me time to respond - he gave me 1 hour and 9 minutes in which to respond before he escalated the claim to PayPal (presumably saying that we could not come to some agreement).

The non paying bit is probably as a result of PayPal holding on to the money because I started the claim. The system does show I've paid but he raised the non paying matter withing eBay.

I've paid on my Visa Delta card trhough my normal bank account, I am able to claim through them?

To top it all, he has now sent me a email stating that a Con Man like me should never try it on with him!

Sugar_Coated_Owl

How can the seller escalate a dispute to a claim when it's the buyer that would be the one claiming not the seller?

maybe I've missunderstood.

DJ1UK

Have a look at https://www.paypalsucks.com for other horror stories about paypal.

Beware of using paypal.