PLEASE help

Mama3boys

PayPal class it as a personal payment. According to them I have paid her directly, as if making a bank transfer. In the notes it clearly says its for a dress. Not happy about that.

Anyway, she agreed to a refund. Then messaged again to say she is a law student and knows that she can offer an exchange only. So will do that. I said I'd have to take it further then. She said ok but it will cost me more than its worth. Then out of nowhere some hours later she said if I return the dress she'll issue a refund. And only once she has revived the dress.
I know according to DSR she has to pay my refund regardless of when she gets the dress. But if I persist she may say no then I will have to take it further. Which, for £50, is a bit silly. But I do want my money back.
I DO think she put the transaction that way on purpose. I DO worry that she's the kind of person who may ruin the dress upon receipt and say I'm not entitled. And I DO think she may get the dress back and change her mind back to an exchange.
What would you do?
Legally, me just not liking the dress I enough to be granted a refund right? Is it actually worth going to small claims over?

jacques_chirac

Take photos of the dress, and then send it Recorded Delivery.

If she gets difficult again, call her bluff - ask what law overrides your rights under the Distance Selling Regs.

ThumbRemote

Ask her what her college/university would think of the police getting involved.

It's not going to happen that way, but she clearly has so tenuous a grasp of the law, she won't realise that.

iammumtoone

Mama3boys wrote: »

Then messaged again to say she is a law student and knows that she can offer an exchange only. So will do that.

That would get my back up and personally I would now be contacting trading standards and reporting her. Not only does she have to comply with the LAW ie DSRs she is not allowed to tell you that the law states otherwise and imply she knows this as a fact. She also needs to be invoicing customers using the correct Paypal invoices (trading standards may have something to say about that as well).

And yes you are totally within your rights to change your mind on a internet transaction whatever the reason. If it doesn't state anything in the terms and conditions then you have 3 months to do so. However a seller is entitled to put a clause in their conditions that you have to advise within 7 days and if this is the case you have to follow that (which you have done anyway)

Enterprise_1701C

She hasn't got a leg to stand on, she knows she is sending out poor goods and is trying to stop you getting a refund. Her Ts & Cs are irrelevant in offering an exchange only, she will eventually have to refund her.

If you decide to send it back now, take DATED photos of the dress, package it up and send it back tracked, it might be worth sending it back special delivery (recorded is only insured for about half what the dress is worth) so you are protected on that front.

You are fully entitled to a refund under the DSRs, it does not matter what she says, and I suspect that it is nonsense that she is studying law!!!

I would definitely contact Paypal and tell them that she has put it down as the wrong sort of transaction. Did she invoice you? Do you have that invoice? She is obviously doing this regularly and has found a way to circumvent Paypal's rules and I would want to put a stop to this. Tell them that you bought a dress and that is what it should have said. I don't know what they will do, but they at least need to be told what she is doing, they might even shut down her account which owuld mean a massive dent in her trade.