Chargeback Help please

Geckogirl

In addition to your "lying" comment, I haven't hidden anything from the seller, or Paypal. In all correspondence with them, I have told them that it is for my business. I am still, or should have still had the protection from Paypal, I am still protected by Uk Consumer Law.
My issue is the fact that the seller has not honoured ANY of his promises of accepting returns, warranty etc....
So whether it is for a business or not, it should not matter.
I had to resort to a chargeback application as the seller is the one in the wrong. Not me.
When you say I am lying, again, I really must stress that I wasn't. I am so offended by this, that I need to explain.

I merely meant that my Paypal account is not a business account.
Also, the seller claimed to be Uk based, so he has broken the law. Also by claiming the items he sells are CE certified, and they are not.

bigadaj

If he has any sort of uk presence then you can try the relevant trading standards but it doesn't sound like he has a business or assets here.

There have been numerous posts and threads on issues with PayPal, and people need to acknowledge the failings in using them. You lose section 75 protection and disputes are more difficult for many consumers.

Nebulous2

I think the trouble you may face will be the PayPal link. I don't see how the credit card company can charge back the seller. Their charge back will be against PayPal, who may well pursue you for the money. The seller won't need to dispute anything.

agrinnall

Geckogirl wrote: »

Why so rude??
I am not lying, I am explaining all the details of the transaction, so I can try to get the best help.
You mentioned that it was a business transaction, so I was merely saying how I made the purchase, and what the status of my Paypal account was.
I have not been through this before. I have run my business for 5 years, and would like to think that I am a savvy person, so the fact that I am asking for input specifically on the chargeback process just means that I am experiencing a new problem within my business.

I am going through enough at the moment, I would be grateful for less rude replies.
I haven't lied, I have actually been as honest and descriptive as I can, so if you feel offended by my last comment, then please just kindly don't respond again.

Geckogirl wrote: »

In addition to your "lying" comment, I haven't hidden anything from the seller, or Paypal. In all correspondence with them, I have told them that it is for my business. I am still, or should have still had the protection from Paypal, I am still protected by Uk Consumer Law.
My issue is the fact that the seller has not honoured ANY of his promises of accepting returns, warranty etc....
So whether it is for a business or not, it should not matter.
I had to resort to a chargeback application as the seller is the one in the wrong. Not me.
When you say I am lying, again, I really must stress that I wasn't. I am so offended by this, that I need to explain.

I merely meant that my Paypal account is not a business account.
Also, the seller claimed to be Uk based, so he has broken the law. Also by claiming the items he sells are CE certified, and they are not.

In that case, why say to us:

Geckogirl wrote: »

I am not a registered business user on Paypal, so it was not officially bought for my business. I am a sole trader, and bought it through my personal email, to my home address, so it's not strictly speaking, a business purchase.

Geckogirl

Dear God, please leave alone, who made you judge and jury.
I am going through hell at the moment, and the last thing I need is a know it all thinking that by copying and pasting each of my comments is clever. I asked for help, I have explained my situation, if you don't have an answer to my original post, then please, I kindly ask you to leave my post alone, and do not reply.
You don't know me personally and have no idea what I am going through right now, and your replies,, calling me a liar are just adding to my stress.
There is no need for you to do this. Please, respectfully, leave my post be.

Voyager2002

Geckogirl wrote: »

Dear God, please leave alone, who made you judge and jury.
I am going through hell at the moment, and the last thing I need is a know it all thinking that by copying and pasting each of my comments is clever. I asked for help, I have explained my situation, if you don't have an answer to my original post, then please, I kindly ask you to leave my post alone, and do not reply.
You don't know me personally and have no idea what I am going through right now, and your replies,, calling me a liar are just adding to my stress.
There is no need for you to do this. Please, respectfully, leave my post be.

I think the comment was helpful,although phrased in a hurtful manner. The point is that if the matter comes to court,you would be treated as a business and so would not benefit from the protection extended to consumers. So if people on the forum think that you were legally a consumer, the advice they give you would not be useful.

takman

Geckogirl wrote: »

...I am still protected by Uk Consumer Law.
My issue is the fact that the seller has not honoured ANY of his promises of accepting returns, warranty etc....
So whether it is for a business or not, it should not matter.
.....

I merely meant that my Paypal account is not a business account.
.

You are not protected by UK consumer law when you are purchasing for a business. It doesn't matter if you have a business PayPal account or not, you have told the seller it is for a business.

So therefore you are bound by the agreement that you made with the seller. So you need to make sure you keep proof of everything that you agreed with the seller just incase it goes to small claims court.

chattychappy

takman wrote: »

You are not protected by UK consumer law when you are purchasing for a business.

Actually some of the protection does apply and in some areas a distinction is made between a business buying as a consumer and a business buying for resale. But by far the best position is if you are buying as a normal consumer.

I think nothing really turns on this, the OP feels the agreed T+Cs have been broken anyway and we're onto a matter of enforcement.

System

This isn't correct - if the credit card was used only as a funding source (or for payment) then the transaction can be charged back.

If the item has fake CE symbols then it could be deemed counterfeit by the card scheme rules.

Nebulous2 wrote: »

I think the trouble you may face will be the PayPal link. I don't see how the credit card company can charge back the seller. Their charge back will be against PayPal, who may well pursue you for the money. The seller won't need to dispute anything.

Nebulous2

Heng_Leng wrote: »

This isn't correct - if the credit card was used only as a funding source (or for payment) then the transaction can be charged back.

If the item has fake CE symbols then it could be deemed counterfeit by the card scheme rules.

How can it be charged back?

The money goes from card to paypal to seller. Paypal has refused to refund and has closed the case. A chargeback by the credit card will take the money from Paypal. They have already said they aren't going after the seller so they will pursue the buyer to get their money back.

There are some anecdotal cases of credit cards accepting section 75 claims when the sale has gone through paypal. In that case they would refund themselves, which would be the ideal scenario but is unlikely. That is different from a charge back though, which was what was being discussed.