Paypal/chargeback/DSR

shaun_from_Africa

There are a couple of possible problems with attempting to use legal action to get the full amount refunded.

It could drag on for many months and if/when you win the court case, you still might not get your money back. The court can make a decision in your favour, but if the seller didn't pay this, you would have to take further action and it could ultimately mean you having to resort to getting bailiffs or debt collectors involved.

I don't know how true it is, but I recall reading that if a judge was to realise that you could have mitigated your potential losses by using other means (such as the paypal process), this might go against you in court.

Roughly what sort of sum are you talking about to get the tiles back to the seller?

mikrt

I've not got a price yet. The listing stated £50 postage to get it to me, but of course that may be out a bit either way.

I don't know the weight of crate either,so getting quotes is off the cards for today, but on Monday I'll contact the courier who delivered it to get a price, and see if they have the weight recorded.

So opinion may be to right off the cost of returning it and look forward to the paypal refund?

frugal_mike

The Consumer Contract Regulations say that the seller is responsible for collecting items if they cannot normally be sent through the post. It isn't totally clear what that means, but I would say that it covers anything you can't put in a post box or take to a post office.

Of course a seller that isn't interesting in upholding their statutory obligations will probably not agree to arrange collection. It might be extra ammunition in court if you try and reclaim the return costs though.

arcon5

What the law does or doesn't say isn't necessarily relevant at this stage - since PayPal operate their own policies and do not put it on themselves to enforce UK law.

PayPal will refund you when you provide tracking for the return and they can verify this.

Then you should send a letter demanding the return costs returned to the seller.... followed by court action if necessary.

mikrt

I checked over the crate just now, there's a sticker on it stating the weight as 700kg. Googled a few pallet carriers, and cheapest so far is about £70. Is the forum of the opinion that £70 is worth the fuss?

arcon5

mikrt wrote: »

I checked over the crate just now, there's a sticker on it stating the weight as 700kg. Googled a few pallet carriers, and cheapest so far is about £70. Is the forum of the opinion that £70 is worth the fuss?

Some may say it's not.

Personally I find £70 to be a lot of money to lose for nothing. I'd pursue it.

Before though it's worth looking in to the company to assess whether a judgement will likely see you actually get paid out. For example, if they've been going for 3 years it's more than likely you'll get paid out - if they've been trading for 3 months and the director has a history of dissolving companies then a gamble. If it's a sole trader the reduces the risk.

mikrt

I have decided that I don't want to be out of pocket for this,

Should I send him a letter and email to request him to arrange collection, and to refund me using SOGA. Then after a set time, if/when he refuses (or ignores) use the money claim online service for the refund?

Still not sure whether to stop the paypal claim going though, as that may go against me with MCOL?? but if I continue, I'll have to pay upfront to return item, and then use MCOL just for the return postage cost.

Have spoke to CC issuer, as I was afraid, they won't pay out until item has been returned.

unholyangel

mikrt wrote: »

I have decided that I don't want to be out of pocket for this,

Should I send him a letter and email to request him to arrange collection, and to refund me using SOGA. Then after a set time, if/when he refuses (or ignores) use the money claim online service for the refund?

Still not sure whether to stop the paypal claim going though, as that may go against me with MCOL?? but if I continue, I'll have to pay upfront to return item, and then use MCOL just for the return postage cost.

Have spoke to CC issuer, as I was afraid, they won't pay out until item has been returned.

Was it section 75 or chargeback? This can be tricky, there have been some stories on here of people doing that and then receiving debt collection letters from paypal.

Of course (if section 75) paypal doesnt always break the chain. Depends on how the payments processed I think (ie using your card to fund your balance breaks the chain as you're payment is to paypal) - not entirely sure as its been a few years since i used mine last.

Hintza

You can calculate the weight roughly the SD of Slate is 2.7 therefore a cubic meter will weigh 2.7 tonnes. So calculate your volume and take it from there.