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Seller says she doent have to refund me. What should I do?

Recently I bought an item that was for sale as "collection only" on Ebay. I sent my payment with Paypal.

Since sending the payment I realised that the item was not going to suit my requirements and ask the seller to cancel the transaction and return my payment in much the same way buyers have done to me when I have sold items that they do not require.

The sellers message to me was that she has contacted ebay and they tell her that she does not have to refund me. She currently has the item and the money.

I realise it is not her fault that this item will not suit me but I believed ebay tended to fall on the side of the buyer in these situations. i.e if the buyer chooses they do not want an item, providing the seller is not left out of pocket at the time the seller receives the item back the buyers payment will be returned.

Could someone please explain what I should do?
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Comments

  • GabbaGabbaHey
    GabbaGabbaHey Posts: 1,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    If the Seller is a Business, then you have 14 days in which you can change your mind, and they will need to issue a refund.

    If the Seller is a private seller, then you have entered into a contract to purchase the item, and it behoves you to fulfil that committent. The time to determine whether the item met your needs was before you placed your bid, not now.
    Philip
  • hawkeye9999
    hawkeye9999 Posts: 55 Forumite
    I would ask again, then if she still refuses raise a Item Not Received claim
  • ballisticbrian
    ballisticbrian Posts: 4,002 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    providing the seller is not left out of pocket
    The seller is always a little bit out of pocket when PayPal is involved because there is a minimum fee that is not returned to the seller.
    Warning: any unnecessary disclaimers appearing under my posts do not bear any connection with reality, either intended, accidental or otherwise. Your statutory rights are not affected.
  • htrj
    htrj Posts: 199 Forumite
    Part of the Furniture 100 Posts
    You're right, I think there is a 25p charge that PP keep their grubby mitts on.

    If I submit an item not received claim wont ebay smell a rat as my message already states that I no longer want the item?

    Perhaps slightly off topic, don't paypal refund payments if someone was to cancel the debit cards that are attached to their paypal account?
  • elsien
    elsien Posts: 36,600 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What makes you think the eBay seller is telling the truth? Have you tried contacting eBay yourself?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • htrj
    htrj Posts: 199 Forumite
    Part of the Furniture 100 Posts
    I didn't want to contact ebay before consulting people here, just incase I dug a hole for myself.
  • mrcol1000
    mrcol1000 Posts: 4,797 Forumite
    Part of the Furniture 1,000 Posts
    The seller was stupid to accept PayPal for a collection item. You could have collected the item and then claimed that you never received it. The seller would have to prove tracked delivery which they can't as you collected it. Even signing bits of paper wouldn't be enough.

    You should really try and sort it out with the seller and get a refund. If they refuse then all you can can do is open a not received case based on the fact you haven't got the item you paid for.
  • RFW
    RFW Posts: 10,432 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    mrcol1000 wrote: »
    The seller was stupid to accept PayPal for a collection item. You could have collected the item and then claimed that you never received it. The seller would have to prove tracked delivery which they can't as you collected it. Even signing bits of paper wouldn't be enough.

    You should really try and sort it out with the seller and get a refund. If they refuse then all you can can do is open a not received case based on the fact you haven't got the item you paid for.
    This is correct. It doesn't sound like the seller is going to play.
    It's quite factual that you haven't received the item and the seller can't prove it, whether you were collecting is irrelevant,

    I'm assuming it's not a massive amount of money. It could be possible, although extremely unlikely, that the seller could sue for the difference between the sale purchase price you paid and any subsequent resale.
    .
  • htrj
    htrj Posts: 199 Forumite
    Part of the Furniture 100 Posts
    The seller is now demanding that I pay her once again in cash when I collect the item and then she will refund the Paypal after the item has been removed from her house.

    This is just becoming farcical.
  • pinkshoes
    pinkshoes Posts: 20,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    htrj wrote: »
    The seller is now demanding that I pay her once again in cash when I collect the item and then she will refund the Paypal after the item has been removed from her house.

    This is just becoming farcical.

    Just reply stating you will pay cash and collect once the PayPal payment has been refunded.

    When she refunds, just don't collect it.

    If she doesn't refund, open an INR case.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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