PayPal- What Rights do I have?

blackguy52

I recently bidded on a Blackberry Z10 Mobile Phone on eBay. On winning the item the seller wanted me to send him payment to his bank. I refused and told him I would only pay via paypal. He asked me if I would send the money to his wife's paypal as his had reached its recieval limit. I paid him doing this as the surname matched his on ebay so i thought it made sense.
Anyway 14 days went by and I didn't receive the item. So I contacted the seller who didn't respond. I opened a dispute on paypal..after 5 days they closed it in favour of the seller stating he provided valid postage information.
I emailed the seller asking him for proof and he sent me a message saying he photoshopped a receipt and sent the item to the wrong address. I contacted Paypal and told them this, they wouldn't accept this and insisted the post office receipt was genuine, even though the royal mail site did not specify where the item has been sent, only that it had been delivered.
So I got the police involved and royal mail. I got a email from royal mail confirming the item didn't got my paypal address specified and a letter from the police confirming their report, which was that I could not have received the item as it was sent somewhere else. The police did manage to get me the item from royal mail though. When i opened it it was just the phone box, nothing else. So I rang paypal again who escalated the case..I decided I would fax paypal the police report, item pic etc today and just now received a 'resolution of the case' stating that 'Based on PayPal's definition of significantly not-as-described, this claim
does not qualify for a refund.'

I've now also after emailed paypal about the fax letting them know about the documents and as per their advice via email uploaded them the documents via name change section of paypal.

What consumer rights do I have? Paypal refuse to refund me and they say if I file a chargeback with my card company my account will be permanently limited.

pinkshoes

Have you actually phoned Paypal and spoken to a human being?

wealdroam

Have you considered the Ebay board?

Lots of helpful people there (as there are here of course).

blackguy52

Hi I apologise i wasn't sure if it was suitable for the eBay board. And yes i've phoned paypal numerous times and they keep telling me that they haven't received the documents and that as far as they're concerned it's an issue to take up with the courier if i didn't receive it and not them. They really just aren't interested and am fed up.

gb12345

blackguy52 wrote: »

When i opened it it was just the phone box, nothing else. So I rang paypal again who escalated the case..I decided I would fax paypal the police report, item pic etc today and just now received a 'resolution of the case' stating that 'Based on PayPal's definition of significantly not-as-described, this claim does not qualify for a refund.'

So you bid on a phone and (eventually) just received a box, yet pay pal say it doesn't qualify as not-as-described.

Are you sure that the item you bid on was definitely for the phone and not an advert for a box. Some scammers place very well written ads that are designed to fool people into thinking they are getting a phone when all that is actually for sale is a box.

blackguy52

100% sure it was a phone..it even stated the network and was brand new 'factory sealed'..i very much doubt ill buy a factory sealed unlocked mobile phone box for £300+

Fire_Fox

Why are you using PayPal's dispute and not eBay's? Have you been communicating with the seller via e-mail or eBay?

arcon5

Fire_Fox wrote: »

Why are you using PayPal's dispute and not eBay's? Have you been communicating with the seller via e-mail or eBay?

I think because op didn't go through eBay checkout but instead send money between PayPal accounts to the guys 'partner'.

Fire_Fox

arcon5 wrote: »

I think because op didn't go through eBay checkout but instead send money between PayPal accounts to the guys 'partner'.

Ah, oh dear. So the seller could in theory file against the OP for an unpaid transaction.

Blackguy52: does the courier/ Royal Mail have any record of the weight of the package? You might be able to work this out from the amount of postage paid, this will let you know if the item was stolen in transit or only an empty box sent.

arcon5

Technically yes, but I *think* you can select an option like 'I've paid for he item via other means' for such a case. Not sure where it would go after that, but seems ops well and truly been scammed.

notanewuser

Why on earth do people buy £300+ phones on eBay???!