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Buyers' Protection within Ebay

2

Comments

  • PayPal has announced new terms to their Buyer Protection scheme that will take effect from 17th June this year.
    Buyer protection will be extended to cover services, digital goods, travel tickets and other intangible items. Needless to say, tangible goods have been covered for a number of years.
    From the same date, PayPal is also extending the time for buyers to open a dispute from 45 to 180 days. This brings it inline with similar protections offered by credit card companies. The extended buyer protection applies to people who use a UK PayPal account to make a purchase from a UK or overseas seller on and off-eBay.
    From 2014.

    So it would appear the 180 days is enough to submit a PP case. I am at a loss as why you are in doubt over this.

    The whole purpose of the extension is to cover items that could become faulty after the original 45 days. For example, you are watching a 23 episode series only discover on day 50 that the final disk in the series is faulty. This new ruling was made to cover the very same dilemma you are facing.
  • Telegraph_Sam
    Telegraph_Sam Posts: 2,617 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    That is very much my point: I don't expect a guarantee from PayPal [I had a previous issue where I went to them for resolution but there was no positive response] whereas at least if I pay directly with a credit card I still have my rights under the Consumer Credit Act if all else fails. And I think the timescale for lodging a complaint with the credit card co is more generous than the 90 days max you get with PayPal.
    Telegraph Sam

    There are also unknown unknowns - the one's we don't know we don't know
  • Telegraph_Sam
    Telegraph_Sam Posts: 2,617 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    "Did you take the advice here and send an LBA?"

    I have been onto the seller once, no reply. I have to go back with more convincing evidence at which point it would be appropriate to talk in terms of LBA, "A" being Trading Standards or Small Claims Court ..
    Telegraph Sam

    There are also unknown unknowns - the one's we don't know we don't know
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    "Did you take the advice here and send an LBA?"

    I have been onto the seller once, no reply. I have to go back with more convincing evidence at which point it would be appropriate to talk in terms of LBA, "A" being Trading Standards or Small Claims Court ..

    LBA is usually enough to spur a seller into action. Were they a business or a private seller?
  • It's a real shame the claim fell through the eBay/PP net. Implementing statutory devices could result in an uncertain and potentially costly outcome
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's a real shame the claim fell through the eBay/PP net. Implementing statutory devices could result in an uncertain and potentially costly outcome

    It didn't fall through a net. Paypal don't offer a guarantee. Using something for a period of time and then finding it doesn't work is not a SNAD claim. The period of time they give - 180 days - may cover a dvd that is series 9 and you've only just got around to playing it on day 179 - as that is a fault you find on FIRST use. 2 months of use, as per the OP, is not a SNAD.
  • Telegraph_Sam
    Telegraph_Sam Posts: 2,617 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    "So it would appear the 180 days is enough to submit a PP case. I am at a loss as why you are in doubt over this."

    I was under the impression that the time limit was 90 or possibly 120 days, if it is now 180 I stand corrected. All I know is that when I submitted my previously evidence I got a pretty abrupt and dismissive non-response from PayPal which left me with the impression that they had not really considered the matter. I was subsequently told that this was not untypical of PayPal's attitude and that I would have probably have got a better outcome using credit card protection.
    Telegraph Sam

    There are also unknown unknowns - the one's we don't know we don't know
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    To help you out:
    13.9 What is Significantly Not as Described (SNAD)?

    Your purchase is Significantly Not as Described if it is materially different from the last description of it that you received from the Payment Recipient before you paid for it (which, for exclusively online purchases, shall be taken to be the Payment Recipient’s description of the purchase in the relevant online listing) (“Purchase Description”). Here are some non-exhaustive examples:
    You received a completely different item. For instance, you purchased a book and received a DVD or an empty box or the software that you received was not the software that was sold to you.
    The condition of your purchase was misrepresented. For instance, the listing for an item said “new” and the item was used.
    Your purchase was advertised as authentic but is not authentic.
    Your purchase is missing major parts or features and the fact that these parts or features are missing was not disclosed in the listing.
    You purchased 3 items from a Payment Recipient but received only 2.
    Your purchase was damaged during postage.
  • Telegraph_Sam
    Telegraph_Sam Posts: 2,617 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    "LBA is usually enough to spur a seller into action. Were they a business or a private seller?"

    I am falling into the trap of dealing with 2 separate incidents in the one thread and confusing everyone including myself.

    In this case the seller was clearly a "trader" and the goods were "new". Whilst in retrospect they were most likely faulty on delivery, this only became apparent enough for me to be certain after 2 months' use
    Telegraph Sam

    There are also unknown unknowns - the one's we don't know we don't know
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    "So it would appear the 180 days is enough to submit a PP case. I am at a loss as why you are in doubt over this."

    I was under the impression that the time limit was 90 or possibly 120 days, if it is now 180 I stand corrected. All I know is that when I submitted my previously evidence I got a pretty abrupt and dismissive non-response from PayPal which left me with the impression that they had not really considered the matter. I was subsequently told that this was not untypical of PayPal's attitude and that I would have probably have got a better outcome using credit card protection.

    Read my post above. It shows you what a SNAD is, a SNAD is NOT a warranty. Regardless of time. If you opened the item on day 179 and it was damaged, then you would be granted the claim. Using it for a period of 2 months and it developing a fault is not a SNAD, that is a warranty/seller issue.
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