Buyers' Protection within Ebay

Telegraph_Sam

So you thought that as a buyer you were protected if things went wrong following an eBay purchase ...

I bought some electronic equipment - new - from an eBay seller which in the course of the following 2 months turned out to be faulty - this was not apparent initially. The seller refused to take any responsibility and both the eBay and PayPal dispute resolutions departments didn't want to know (most likely for technical reasons associated with the timing).

No problem - as a last resort you are covered by the protection given under the Consumer Credit Act since I paid with a Visa credit card. Wrong!! Since I paid via PayPal which then in turn debited my credit card, the "link" with Visa and with it the right to put in a claim was destroyed. This means that whilst the transmission of funds under PayPal may or may not be more secure than without, if subsequently things go wrong the purchaser is significantly worse off as a result of using PayPal.

This came as an unwelcome surprise to me and also to many who I have asked for advice from. I think it ought to be publicized far more widely even if PayPal would presumably prefer to keep it low profile. If anyone from PayPal happens to read this perhaps they would be willing to comment.

pinkshoes

Did you buy from a business seller? Can you not get their address and send a 'Letter Before Action'?

Telegraph_Sam

It was / is from all appearances a trader. Numerous eBay messages between us which just confirmed that he did not take any responsibility (and would resist any efforts on my part to gain redress). I don't know what a Letter before Action is or does but it is very unlikely that the seller would change his attitude in response.

Flyonthewall

Telegraph_Sam wrote: »

It was / is from all appearances a trader. Numerous eBay messages between us which just confirmed that he did not take any responsibility (and would resist any efforts on my part to gain redress). I don't know what a Letter before Action is or does but it is very unlikely that the seller would change his attitude in response.

A letter before action is a letter sent informing the seller that they will be taken to court if they don't settle the matter.

Regardless of ebay, paypal or the card company, the law is on the buyers side in this case. If going through them fails then taking the seller to court is an option.

Telegraph_Sam

Right in principle but I have to balance the costs of legal action against the cost of the item (less than £200). I think the only way out is via the Small Claims Court (??) but then can a judgement (if favourable to me) be enforced?
I feel that in a properly functioning system buyer protection should be assured without the need for the buyer to have to weigh up whether the financial outlay for court action is justified.

Flyonthewall

The hope is that the letter before action is enough to make them do the right thing.

Wherever you buy from if they don't follow the law then going to court is the only way if going to the card company doesn't work. It has it's flaws, but ebay/paypal have a system in place for issues and most are easily resolved, which isn't always the case for other sites.

It would be impossible to create and enforce one system that gives all buyers full protection regardless of where they buy from though. Aside from the court system we already have, of course, which would rule in a buyers favour if they have rights in their situation.

Any online system would cost a fortune and be open to abuse. It would work best if each individual case was personally dealt with by a person but that's not possible. Even if it were, they are a third party (which creates numerous issues) and they can't force a company to do anything. Further action could be taken against them but they couldn't just take money off them and pass it over to a buyer who has a right to a refund.

No matter what there will always be limits.

Ebay/Paypal could do more in some cases, but in the end they're basically just the middleman. They can only do so much. I'm in no way siding with them on this issue as you deserve a refund if the item has become faulty and it's sad that you can't get it via them, but there's no way for them to get the properly functioning buyer protection system you believe they should have.

theonlywayisup

Ebay and Paypal protection is NOT a guarantee, it is protection against receiving something materially different to that which you ordered, or for not receiving anything at all.

As has been said above you should send an LBA. But if you can't be bothered, then there's not a lot people can do for you.

RFW

Telegraph_Sam wrote: »

This came as an unwelcome surprise to me and also to many who I have asked for advice from. I think it ought to be publicized far more widely even if PayPal would presumably prefer to keep it low profile. If anyone from PayPal happens to read this perhaps they would be willing to comment.

Were Trading Standards one of them?
As you say above taking to court might not be worth it and may ultimately not get you any money back. If TS get involved they can prosecute the seller, if they believe he is at fault. A threat of prosecution with potential jail time may very well get you a quick refund.
It also might be worth checking your credit card statement. All my recent payments show the seller and not just Paypal. Credit card companies are good at trying to shake off responsibility.

Telegraph_Sam

I believe that my credit card co (First Direct) did their best in the circs but if the rules say that they can't charge back Visa then there is probably not much they can do.

>> Query: What is the advantage, if any, of using PayPal for an eBay purchase (from either a private seller or a trader, new or used item) compared with paying directly with Visa or Mastercard?

theonlywayisup

Telegraph_Sam wrote: »

>> Query: What is the advantage, if any, of using PayPal for an eBay purchase (from either a private seller or a trader, new or used item) compared with paying directly with Visa or Mastercard?

Advantage is - easy claim for INR (item not received) or SNAD (significantly not as described). These claims are easily resolved and in a very quick timescale compared to any credit/debit card claim.

I'm not sure what comment you expect Paypal to give. They don't offer a guarantee.

Had you paid with your FD card direct, rather than via a payment provider, you will probably have had a different outcome.

theonlywayisup

Did you take the advice here and send an LBA?