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Desperate help required please...

Hi All

I am in a great desperate for some help/advice please...

I have had a problem with an online purchase here. I mentioned it on MSE before but I still haven't managed to resolve the issue, so I hope if I re-post the issue here, someone out there can point me to a right direction.

Cut the long story short, I bought some print materials from an online printer back in November 2013. I paid the printer by PayPal and the total amount was £202.01. The printer did not supply what I ordered to me, in the end I could not use the print materials, so I contacted the printer to make a complaint and demanded for a full refund, but the printer refused to give me a full refund.

I contacted PayPal to make a claim. As the items/order that I received were significantly not as described, so I thought I could get a full refund via PayPal. PayPal told me they would not accept my claim despite the fact that the items were SNAD. PayPal argued the items were custom-made, so I was not covered by the Buyer Protection Policy. I tried so many times to explain to PayPal that my case was exception – if I have received what I ordered from the printer, then I can understand why I am not covered, but the truth is I did not receive what I ordered. Therefore, what makes the print materials (custom-made items) different to non-custom-made items? PayPal made its final decision for not to issue me any refund.

I started searching on the internet to see if there was an alternative way for me to claim for the full refund. I came across the WHICH website talking about the Section 75 Consumer Credit Act. WHICH says I could still make a claim to the credit card company even the transaction was made via PayPal – as long as the company I am buying from has a 'Commercial Entity Agreement' with Paypal I may still be able to claim under Section 75 for any misrepresentation or breach of contract. So I wrote to the credit card company to make a claim. And today, I received a response back to say the transaction 'breaks the debtor/creditor/supplier relations and as a result the Bank cannot be liable under s.75'.

I have totally lost my words here. It has been 4 months now and I still have not been able to resolve the issue... :(

In such situation, could someone please tell me what I can do to get my full refund back from the dodgy printer?

Many thanks in advance!
«13

Comments

  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Small claims court.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    For completeness, here is BartyBoy's earlier thread:
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    tomtontom wrote: »
    Small claims court.

    Yes, that was suggested on the older thread... see post#13 onwards.

    For some reason BartyBoy has not followed that suggestion.
  • BartyBoy
    BartyBoy Posts: 408 Forumite
    Part of the Furniture 100 Posts Photogenic Combo Breaker
    wealdroam wrote: »
    For some reason BartyBoy has not followed that suggestion.

    I took a different seller to small claim court 3 years ago. It was the first time I used the small claim court. The cost of the purchase was about £500 (I can't remember the exact amount), but the court case/procedure took 2 years to complete. I drove 40 miles one way to the court for 4 times in total to do the hearing. It sounds so simple and easy to take someone to the court, but the reality is it is not.

    This will be the final draw if there is absolutely no other way to get the £202.01 back...
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    What was wrong with what you received ? Was it just that the wrong amount were delivered ? Or was something else wrong ?
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    BartyBoy wrote: »
    I took a different seller to small claim court 3 years ago. It was the first time I used the small claim court. The cost of the purchase was about £500 (I can't remember the exact amount), but the court case/procedure took 2 years to complete. I drove 40 miles one way to the court for 4 times in total to do the hearing. It sounds so simple and easy to take someone to the court, but the reality is it is not.

    This will be the final draw if there is absolutely no other way to get the £202.01 back...

    Why was this an issue ? If you want your money back, it's what you have to do ! I have family who drive more than that to work and back each day !
  • keyser666
    keyser666 Posts: 2,140 Forumite
    BartyBoy wrote: »
    I took a different seller to small claim court 3 years ago. It was the first time I used the small claim court. The cost of the purchase was about £500 (I can't remember the exact amount), but the court case/procedure took 2 years to complete. I drove 40 miles one way to the court for 4 times in total to do the hearing. It sounds so simple and easy to take someone to the court, but the reality is it is not.

    This will be the final draw if there is absolutely no other way to get the £202.01 back...
    Can do it online now from the comfort of your own home.

    Be aware though that if they decide to defend they can ask for it to be dealt with at their local CC
  • BartyBoy
    BartyBoy Posts: 408 Forumite
    Part of the Furniture 100 Posts Photogenic Combo Breaker
    meer53 wrote: »
    What was wrong with what you received ? Was it just that the wrong amount were delivered ? Or was something else wrong ?

    It was delivered late at first, then wrong amount therefore I could not use the order in the end.

    The main issue is, what I received was not what I ordered.
  • BartyBoy
    BartyBoy Posts: 408 Forumite
    Part of the Furniture 100 Posts Photogenic Combo Breaker
    meer53 wrote: »
    Why was this an issue ? If you want your money back, it's what you have to do ! I have family who drive more than that to work and back each day !

    Have you ever taken anybody to a small claim court before?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    BartyBoy wrote: »
    This will be the final draw if there is absolutely no other way to get the £202.01 back...

    Well I can't think of another way.
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