Ebay warning when collecting items

hollydays

fingerbob7 wrote: »

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!

I'm sorry, but no one can force you to accept an item . The onus is on you to examine it. They even delivered it to you.

RFW

hollydays wrote: »

I'm sorry, but no one can force you to accept an item . The onus is on you to examine it. They even delivered it to you.

I'm confused as to whether the item was delivered by hand or the OP collected, it seems to say both in the opening post.
Legally there is a big difference, if item was collected it is similar to buying in a shop. If the seller delivered it by hand and there was no chance to inspect then, as far as I can tell, distance selling regulations would still apply.

Brooker_Dave

soolin wrote: »

Legal action is always possible on any part of the ebay/paypal system- it does not however over rule the paypal or ebay rules-

Surely actual UK law always over rules ebay/paypal rules?

RFW

Brooker_Dave wrote: »

Surely actual UK law always over rules ebay/paypal rules?

It depends if the Ebay/Paypal rules exceed the law or don't meet the law.

If the OP did collect (rather than the seller deliver) then this is fairly unique. Until now, all the problems I've seen with someone paying by Paypal and collecting have been borne by the seller.

soolin

Brooker_Dave wrote: »

Surely actual UK law always over rules ebay/paypal rules?

I'm sorry I didn't explain it very well. What I mean is that regardless of any terms and conditions legal recourse is always possible.

So PayPal have a strict policy with regard to 'proof' to defend an INR claim , and the law as such cannot change that policy unless they prove it is unlawful. However they can decide on a case by case basis that in a certain cases after deliberation that a PayPal decision is wrong and they can find for a seller instead. It can be fairly meaningless though as even winning in a small claims court won't necessarily get the seller their money back.