Ebay Refund via Credit Card Company?

Zoom7000

Just wanted some advice about an ebay purchase that has since become faulty. I purchased this chair in September 2013 from the same seller. I learnt the hard way that it's a terrible product! First and foremost it's not a massage chair at all. It's more like an overblown vibrator! Anyway, I ignored that and persevered with the chair, however, in December, the gas mechanism developed an issue, where it just started to sink slowly as anyone sat on it. This for me was completely unacceptable after just 3 and a half months of usage. I have tried to contact the seller for support options 3 times, but I've had no response at all. I called Ebay and they won't help because 45 days has passed, I called PayPal and they said the same thing. However, they said I could contact my credit card company and get a refund from them. The question I wanted to ask is, am I well within my rights to do this? Also, do I have to take responsibility of the return of the product?

(Just noticed it's now listed at £300 :O - I only bought it for £80 from the same guy! )

wealdroam

As you paid £80 you cannot use a Section 75 claim where the minimum purchase price is £100.

This leaves you with a chargeback, where I understand there are also time limits for making a claim.
Chargeback is not really suitable for something that has developed a fault after purchase though.

Have a read of MSE's Chargeback article and see if it is suitable.

forgotmyname

Complain to ebay about the lack of a complete business address.

FIP (UK) LTD
11 RAWLINGS FARM BUILDINGS
MAIN ROAD RETTENDON
CHELMSFORD
ESSEX
UNITED KINGDOM
CM3 8DY Several companies all use that same address. Try the local trading standards.

MamaMoo_2

They look dodgy to me.
Illegal returns policy is the one that sets my alarm bells ringing.
Also worth noting, if you use a chargeback, it will likely leave your PayPal account with a negative balance, which will then result in PayPal refusing to deal with you and sending in the debt collectors.

Money-Saving-King

MamaMoo wrote: »

Also worth noting, if you use a chargeback, it will likely leave your PayPal account with a negative balance

Isn't it the seller though who ends up with the negative balance? Afterall the credit card company sent the money and it went into the sellers account, so surely a chargeback means the money comes back out of the seller account & not the buyers?

bod1467

Q. Did you pay the seller via YOUR Paypal account? (i.e. did you fund YOUR Paypal account from your credit card, then do a Paypal-to-Paypal transaction?). Or did you pay direct to HIS Paypal account via your credit card?

If the latter then a chargeback may be an option, but I suspect you're out of time for this. (I think there's a 120 day time limit for chargebacks). If the former then you have no chargeback rights, as Ebay/Paypal only allow 45 days.

But yes - you have Sale of Goods Act rights against the seller. Any remedy must be at no cost and no significant inconvenience to you. (Which means they bear any returns costs, and you could even insist they collect rather than you returning it). However you may have to take court action if the seller won't respond. (Do a search for Letter Before Action).

MamaMoo_2

Money-Saving-King wrote: »

Isn't it the seller though who ends up with the negative balance? Afterall the credit card company sent the money and it went into the sellers account, so surely a chargeback means the money comes back out of the seller account & not the buyers?

Unless OP paid with a debit or credit card directly to the seller, then chargeback is a possibility.
However, usually you pay via your own PayPal account, which although you may be paying with the linked card seemingly direct to the seller (eg your bank statement will show a payment to "PayPal*seller"), it actually goes via your PayPal account first before being forwarded to the seller, so any chargeback is likely to leave your PP balance in the minus figures rather than the seller's. So even though you haven't actually pre loaded the PayPal account and paid with funds already in your PayPal account, when paying via a card what it does is appears to fund your account and instantly transfer that to the seller.

At least that is how it was explained to me by eBay/PayPal when my mother was having a similar issue and I suggested raising a chargeback.

I have made the assumption here that the latter is how OP paid, as it's the usual way if paying via a linked card. However, if the former then chargeback MAY be an option, however chargeback is usually for goods not received, or incorrect/faulty/misdescribed items. It depends on the bank, but I'd guess as they don't offer S75 protection, then a chargeback this long after purchase may be unsuccessful.

soolin

Also be aware that if you do chargeback you may well find PayPal will no longer deal with you and will close your account. Thisis because seller shouLd be able to invoke seller protection, leaving PayPal to foot the bill.

However, you do still have the option of small claims .

Zoom7000

Well, I decided not to chargeback as I didn't wanna risk getting on PayPal's bad side. The seller replied once I threatened him with the chargeback and he said he'd send a replacement gas pump. Over 2 months later, I still haven't heard anything back at all and he won't reply to my numerous messages. So, before I write it off as a complete waste of money... Is there anyway I can go about getting a refund/money back? I can't afford to pay too much in legal fees, will small claims court cost me a lot and require me to take time off work?