Paypal say I have to pay courier fee to return damaged furniture

Aimez

Hi everyone have googled about but can't seem to find out anything regarding my specific issue.
In November I spent £400 odd on a tv unit and cabinet off a website paying via paypal. From the outset it was a farce, i had no delivery notification and and 2 men in unmarked van delivered the furniture at 11pm on a Saturday night. Upon assembly some parts where missing and broken and incorrect. I emailed and called the seller. They promised to send replacement parts. Weeks went by and no communication. They kept promising a date but nothing happened. After alot of chasing weeks later I received a package. Thr packed contents were again damaged and parts missing. I told the seller to refund me as fed up. They said they did not respond and I received phone call in broken English at 8pm asking to collect a parcel. I phoned the seller asking again for a refund and to stop having the 'courier' call at unsociable hours. They said would but wanted the broken stuff back?! Fine I said but stop calling me email me and stated times I was home. I hear nothing back.
I complain to paypal who agree I should have a refund but that I must send the goods back. pay pal agree I should make the seller collect and to emails them stating this which I do. Nothing happens I call pay pal and they say no I have to send it back. I explain this is no what I was told and they say they will get a manager to call me back and listen to my initial call. No one calls I call 5 times everytime promised a call back. I call back and the lady asks me to get quotes for delivery and they will help me send it back and recover the costs. I call with courier costs of £130 to be told no my case is now rejected as I haven't sent it back. I am fuming and now only speaking to a manager as I refuse to end the call as they break their promises. I demand they escalate my case and look into why I was told the wrong info and not called back ever. I state consumer law requires the seller covers delivery as it was delivered damaged and not as advertised. Pay pal seem to be above consumer law?!
They emailed me now saying yes I should have a refund no apologies or explanation why their staff break promises and give false info out and tell me I still have to send it back at my own cos or why they are immune from consumer laws. I opened case with the Ombudsmen (PayPal claim they do this but I don't believe a word of it). I am adamant I should not have to pay the large postage fee and want to stand my ground.
Any help advised I haven't replied to their email as am so angry they ignore consumer law. Their manager said on the phone 'I am not qualified in consumer law' I laughed and said as a manger in customers care he should have a basic knowledge of it in my job is mandatory.

George_Michael

Aimez wrote: »

Pay pal seem to be above consumer law?!

Paypal are not above any consumer law but they do not have the power to enforce that law.
Paypal provide some buyer protection and this is in addition to your legal statutory rights and not in place of those rights so although Paypal can't force a seller to refund your return delivery costs, you still have the right to take legal action against the seller to get this money refunded.


What is the name of the company concerned? and do they have a trading address in the UK?

Bermonia

The customer care manager is not required to know consumer law... merely required to know their organisation’s obligations under - it which you have been correctly informed.

bris

Perhaps the sellers side of the story is that they tried to collect the goods and was refused with unworkable demands? Couriers don't give exact times usually just a specific day.


It's possible the retailer has proof of the attempted uplift that Paypal have accepted.


This leaves you with possible the small claims court as your only option unless you can get them to give you at least a day for an uplift.

theonlywayisup

Your block of text is too long to read. From your title I can comment, that yes, Paypal will make you pay for a return. That return has to be tracked and viewable online to qualify for a refund of the purchase price. You can get £15 reimbursement for returns from Paypal but as this is furniture, I am guessing that won't help.

Paypal isn't the be all and end all, you may legislative rights. Where is the company based?

Aimez

The company is Domadeco but seem to trade as H & S their t and cs state they collect damaged goods on their website.
I gave them 2 addresses and dates and times I am at both so very flexible. Their courier is 2 foreign guys in an unmarked van ringing my door at 11pm. They sent no delivery notice so clearly disorganised and calling at 10 pm off a polish phone all weird.. The guy I was talking do emails are broken English without even a company signature. They are based in Wembley though.
Sorry I don't understand what you mean by a day for an uplift?

bris

11pm is certainly unsociable but your first post says they called at 8pm only and never mentions a visit. What's a polish phone? You mean it was a Polish person who called?


Ah I see they delivered at 11pm.


A day for an uplift is when couriers usually tell you they will collect a parcel between around 8Am to 8Pm and can't give you an exact time. Sometimes they give you a shorter window depending on who it is.


In this case though it looks like they may be using their own men to do the delivery and collections for them.


If you can get them on the phone there is a good chance you can work it out. Just try and see past the broken English and you will get there in the end.

Aimez

Spoken on the phone numerous times all broken promises therefore no proof which is why I then only wanted to communicate via email and then they just ignored me so had to go down paypal dispute route. Phone number was polish I meant. They used a proper courier to deliver the second time which took 5 or 6 weeks of me calling them as they 'only answer emails after 6pm' or actually don't answer mostly.. I would be ripped to shreds if I didn't respond to calls and emails in this manner.

Poison877

First of all here we have to understand and accept You have stumbled upon a rogue trader.
It is massively important You realize this because You are looking it at resolving it in the "proper" way and on the other side You are getting a completely different response, and of top of that Pay Pal is not really supporting You on this.
You need to start treating this as a fraud attempt , a violation of Your consumer rights.

Get in touch with the company , advice You will get in touch with action fraud, have You got legal expenses cover insurance ? Consider speaking to them to get a letter sent out.
Report this company to the Trading Standards and make them aware this is going to be your course of actions , send out a formal letter.

theonlywayisup

Poison877 wrote: »

and of top of that Pay Pal is not really supporting You on this.

Paypal do not need to support anything....they are quite clear on their T&C and i've given advice above about where the OP stands.

Poison877 wrote: »

You need to start treating this as a fraud attempt , a violation of Your consumer rights.

It isn't fraud, it's a case of the seller and buyer not understanding their rights - caveat being I haven't bothered to read the op as it's too blocky.

mattyprice4004

You didn't buy the goods from PayPal, so I'm not sure why you're saying they are above consumer law.
Your rights are with the retailer, NOT PayPal!