Can I Do a Chargeback?

dollydiva

I bought a ring on ebay and the auction advised that it would be 3 weeks before the ring would be delivered. When the ring arrived, it was not the one I ordered at all, and the Seller refunded £10 so I could return and was promised the correct ring. I ended up having to prompt the Seller to send my correct ring after waiting another week.

When the second ring arrived, it was the wrong size. I sent emails and got no reply, so returned the ring at my own expense and asked for a refund. The Seller was full of apologies and promised yet again to send my ring 9th Jan. Since then had nothing and all emails and calls are unanswered.

Paypal would not help as I was one day too late for their Buyer Protection and they advised contacting my CC to make a chargeback. Ive sent all emails, proof of returns showing Signatures where the Seller has received all goods back.

What are my chances of being successful? This is not a small amount of money by any means and wonder what my course of action would be if chargeback was not successful, given that ebay and paypal will not help.

dd

akamustang

I'm pretty sure chargeback and section 75 refunds are automatically rejected if the purchase has not been made with the seller directly and has instead gone through a third party, in this instance PayPal.

And if you're outside of the 45 day buyer protection window I think the only way to get your money back is from the seller directly.

Of course I'd still try your credit card company anyway.

Hominu

Your credit card company will go to the person you paid (Paypal) and as they have fulfilled their obligation, not initiate a charge back against them.

You can't initiate a charge back against someone you have not paid.

If you are too late for Paypal buyer protection, raise a dispute from within ebay. They will contact the seller on your behalf.

techspec

akamustang wrote: »

I'm pretty sure chargeback and section 75 refunds are automatically rejected if the purchase has not been made with the seller directly and has instead gone through a third party, in this instance PayPal.

And if you're outside of the 45 day buyer protection window I think the only way to get your money back is from the seller directly.

Of course I'd still try your credit card company anyway.

If that were the case, how come there are so many charegebacks against sellers?

dollydiva

I do agree with techspec that it is perfectly possible to do a chargeback against a Seller and both paypal and ebay do have Seller guidelines about this.

On my CC statement, it is the Seller name that appears and not Paypal, possibly because I checked out as a Guest user and did not create a PP account. I did not pay Paypal and the transaction does not appear as such. This seller is a business seller and is registered for VATand not a small time Seller.

I was advised that i can report this as fraud, should the Seller not refund.

Dd

akamustang

Interesting that the sellers name appears on your statement, as for me it always says PayPal.

In which case it should be easy to get the money back from your credit card company.

dalesrider

dollydiva wrote: »

I
I was advised that i can report this as fraud, should the Seller not refund.

Dd

Even if it showed as Pay Pal *retailer.

While paypal could reject the chargeback on the basis that they have done as requested (transfer money). If they have told you to come to your card provier is a good sign.
To be honest not many chargebacks are rejected by paypal on the above basis.
I guess they simply claim the money back from the retailer.

So get your card provdier to do the chargeback.

Buzby

PayPal would not tell you to chargeback (why would they?). It just means you fry your credit file if you default with them. PayPal, even as a guest, means they are the intermediary so a CB should fail as only chargebacks against the merchant are correct.

SOGA is another route as this will not have been an auction in the true sense , but a warning, it does not cover bespoke items and it is possible sizing will be seen as customisation and another dead end.

Your best bet would be to write to the seller giving them 28 days to provide the goods as requested or a full refund - this is known as your Letter Before Action, and if there is no response, raise a Small Claim against them.

dtaylor84

SOGA certainly does cover customised items.

DSR doesn't.

dollydiva

Paypal did advise me to do a chargeback and as to the question "why would they" well, possibly because it has that information on their website. It also tells you that a chargeback can be made 120 days after the expected day of delivery.
I would not be in default with Paypal, the Seller would. Again, explained on site.

Dd

dalesrider

Buzby wrote: »

PayPal would not tell you to chargeback (why would they?). It just means you fry your credit file if you default with them. PayPal, even as a guest, means they are the intermediary so a CB should fail as only chargebacks against the merchant are correct.
.

Something I often hear from people who are out of time with paypal.
So I wonder if they know that they will simply debit the retailer and claim the money back that way.
As I said before, we do plenty of chargebacks against PP, and while we do warn people re the danger. Its not often we see them bounced back for the obivious reason.

Why is it going to show as a default against the OP????
Think you got that seriously wrong.