Ebay warning when collecting items

fingerbob7

Hi all,

After a very unhappy experience with ebay I wanted to warn others.

Did you know that when you pay by Paypal and collect an item, if there's any kind of problem you are not covered by the ebay money back guarantee or Paypal, if you take it with you and find out it's not as described, or any other problem?

I was advised by Ebay customer services that I would be covered when I rang to make sure.

In my case I am now out of pocket by £120.

Warning, if you see any kind of issue refuse to take the item. DO NOT take it, as you lose all rights.

In my case the seller was in a hurry, refused to let me carefully examine the item, and drove off leaving me unhappy.

After 7 years on ebay, this was my first experience of having no buyer protection whatsoever.

I opened a claim and lost. I lost the appeal. Paypal does not refund in a lost claim case. Ebay refuse to help or compensate, despite advising incorrectly.

Be careful when collecting items!

mwddrwg

Or just don't pay with Paypal for collection items.

jeffuk

Paypal - Item Not as Described Case, surely.

Enfieldian

Usually the warning is aimed at the seller....

"Don't accept PayPal for collected items as you will not be able to prove delivery and therefore lose any case opened for Item Not Received (INR)"

So it works both ways, but as was suggested earlier it should be cash on collection only when an item is collected.

Better for both parties concerned.

shaun_from_Africa

jeffuk wrote: »

Paypal - Item Not as Described Case, surely.

No.
Paypal buyer protection doesn't apply to items collected by the buyer.

jeffuk

shaun_from_Africa wrote: »

No.
Paypal buyer protection doesn't apply to items collected by the buyer.

"Item not Received" would get buyers money back.

soolin

shaun_from_Africa wrote: »

No.
Paypal buyer protection doesn't apply to items collected by the buyer.

Whilst some people have successfully taken on paypal and won a claim against a fraudulent INR, in virtually all cases paypal will just refund the buyer unless seller can prove delivery.

There is however some seller protection against a SNAD claim where item is collected

shaun_from_Africa

jeffuk wrote: »

"Item not Received" would get buyers money back.

And if the seller decided to take legal action against the OP for fraud for doing this, it might end up with them getting more than just their money back.

anotheruser

Yeah, you should have just done a "item not received".
As a seller who offers local collection, I always insist on cash as they could just go home, then say I didn't turn up to the collection point.
The onus would then be on me to prove I delivered it. Short of getting a signature at the time, there's little I can do.
This is why it's always cash on collection.

soolin

shaun_from_Africa wrote: »

And if the seller decided to take legal action against the OP for fraud for doing this, it might end up with them getting more than just their money back.

Legal action is always possible on any part of the ebay/paypal system- it does not however over rule the paypal or ebay rules- it is just an extra step that can be taken if a user feels they have a legal case. Just like anything, you always have recourse to the law if a system lets you down.

So for the purposes of this thread a buyer can win an INR case if seller cannot prove delivery. Then seller could go independently to small claims, provide evidence that buyer has item (and that might just be difficult) and ask the mags to decide. What won't happen is that seller goes to small claims says buyer collected and just expect the court to agree, they need proper evidence otherwise it would be open to abuse. So if allowing paypal on collection it might be useful to make sure the seller has a full geographic address for the person collecting- who might not be the person who won the item as well as absolute proof of the identity of the person collecting.

theonlywayisup

https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full?locale.x=en_GB#13

Section 13 covers buyer protection. There is protection for buyer's when all the conditions are met regardless of how the item was collected/delivered.

13.4 Conditions for reimbursement

You may be reimbursed under PayPal Buyer Protection for a problem with a purchase only if all of the following requirements are met:

Your purchase is an eligible purchase. Purchases of most goods and services are eligible, except for purchases of the following :
real estate (including, without limitation, residential property);
businesses (including, without limitation, any items or services forming part of a business or corporate acquisition);
vehicles (including, without limitation, motor vehicles, motorcycles, caravans, aircraft and boats);
custom made items (unless they are claimed to be Not Received);
goods and services prohibited by the PayPal Acceptable Use Policy;
items that violate eBay’s Prohibited or Restricted Items Policy;
industrial machinery used in manufacturing;
items equivalent to cash (including, without limitation, gift cards);
goods and services purchased using Zong, Website Payments Pro, Virtual Terminal or Personal Transaction payments;
anything on eBay for which the listing does not contain a PayPal Buyer Protection message or an eBay Buyer Protection message (you can view this message in the listing after you complete your purchase by logging into your eBay account, going to “my eBay,” then “won”, and looking at the listing);
any wager (whether by way of backing or laying against any outcome or otherwise) and any other opportunity to benefit from a gambling activity (if you are purchasing as a UK resident user of PayPal);

and, unless you are purchasing as a registered UK resident user of PayPal:
intangible items (including, without limitation, rights of access to digital content and other licences) ;
services; and
travel tickets (including, without limitation, airline flight tickets).
You sent the payment for your purchase from your PayPal Account to the Payment Recipient’s PayPal Account:
through:
the eBay “Pay Now” button or the eBay invoice; or
for purchases made outside of eBay: the Send Money tab applicable to payments for goods and/or services on the PayPal website or app, or the Payment Recipient's PayPal checkout flow (including, without limitation, the PayPal Location Based Payments Functionality, if used by the Payment Recipient); and
in one instalment only. Purchases paid for in multiple instalments – like a deposit followed by a final payment – are not eligible.
Your problem is either that:
you did not receive your purchase– “Not Received” (“NR”); or
your purchase is “Significantly Not as Described” (“SNAD”). Further information on what we mean by “SNAD” is set out in section 13.9.

If your problem is a transaction that you did not authorise (including, without limitation, a duplicate or incorrect payment when using the PayPal Location Based Payments Functionality), please see section 12 and visit the PayPal Security Centre at https://www.paypal.co.uk/security. You can report the problem via the PayPal Security Centre or <here>.
You have followed the process described in section 13.5 (How do I resolve my problem?).
PayPal has made a final decision on your problem in your favour.

As you haven't elaborated on what the issue was, it is hard to see if the claim was refused on those grounds or not.

There are a number of other reasons the claim may have failed, sometimes ebay and paypal CS don't understand their own rules or even the claimant is to blame by not being clear what the issue is.

Without more information it is impossible to tell.