Company sent wrong item

Alyce

Basically I bought a bridle for a horse off marketplace on Facebook. This person also has a page she sells from on Facebook so as far as I understand it’s a company.

The bridle I ordered had plaited reins and browband.

I was sent the wrong bridle. It came with rubber reins and a plain browband. There was a randomly added browband that was plaited but didn’t fit as was too small.
It was offered to me that she would replace browbands with anither plaited one and plaited reins but refused to cover return postage.

I wasn’t having this as it was a mistake on their behalf, seller was rude and unhelpful. (Should say postage was £3.95 ridiculous in my opinion she would not pay it).

I ended up opening a dispute in PayPal requesting she paid postage so that I was not out of pocket.
She escalated claim and I’m now going to be out of pocket, and end up with nothing because of her mistake. PayPal have told me to return item and I will not be refunded the return postage leaving me out of pocket.

While the amount may be small, the company in question sent me the wrong item and refused to correct their mistake.
This does not follow consumer law as I know it...

I am so very stunned that people are allowed to do this.

I would actually like some options as to where I can go with it.

She recinded the contract therefore I should by law be placed back in the position I was in prior to making the contract.
PayPal has not done this. At the very least I feel PayPal should make them arrange pick up of the item themselves.

Am I entitled to now hold onto the bridle and take it to the small claims court instead? I just do not believe that I should be out of pocket for even a single penny over this..
Tia

a.turner

Send it back and claim the return from PayPal.

soolin

a.turner wrote: »

Send it back and claim the return from PayPal.

As above OP does not want to do that as they lose the cost of the return postage. However, I agree, it seems silly to lose the entire money laid out just for the sake of the return postage.

OP you do have the ability to go to small claims, but you do need to decide whether it is worth the time and effort in doing so, again just for the cost of return postage.

a.turner

soolin wrote: »

As above OP does not want to do that as they lose the cost of the return postage. However, I agree, it seems silly to lose the entire money laid out just for the sake of the return postage.

OP you do have the ability to go to small claims, but you do need to decide whether it is worth the time and effort in doing so, again just for the cost of return postage.

PayPal will refund the return cost and the court won't entertain a £3.95 claim.

soolin

a.turner wrote: »

PayPal will refund the return cost and the court won't entertain a £3.95 claim.

PayPal will only pay return costs if buyer opts into the return paid scheme before opening the case.

https://www.paypal.com/uk/webapps/mpp/refunded-returns

Alyce

Thank you, Soolin is correct, I hadn’t even heard of PayPal giving refunds on postage.

I’m shocked that they do not expect people to uphold the laws laid out by the government.. that’s really not right.

Is this something that I can take up with trading standards? Both the company involved and PayPal themselves?

Can I reopen this case and request the company collects the item?

Do I actually have any options or do I just have to accept that PayPal and this company are allowed to break the law.

At the end of the day, it’s less about the total value of the postage and more about these people flouting the law and scamming people and getting away with it.
The law should (imho) always be upheld no matter how small or big something is.

If I look at this in a different way. Why should I work for almost an hour and have these people steal that off me? (Rhetorical question)

theonlywayisup

Alyce wrote: »

Thank you, Soolin is correct, I hadn’t even heard of PayPal giving refunds on postage.

I’m shocked that they do not expect people to uphold the laws laid out by the government.. that’s really not right.

Is this something that I can take up with trading standards? Both the company involved and PayPal themselves?

Can I reopen this case and request the company collects the item?

Do I actually have any options or do I just have to accept that PayPal and this company are allowed to break the law.

At the end of the day, it’s less about the total value of the postage and more about these people flouting the law and scamming people and getting away with it.
The law should (imho) always be upheld no matter how small or big something is.

If I look at this in a different way. Why should I work for almost an hour and have these people steal that off me? (Rhetorical question)

Firstly, has the case been closed or simply escalated? If it has been escalated and it went in your favour - telling you to return the item - return it, tracked asap.

Secondly, you can TRY to retrospectively register for the Paypal Returns On Us link that Soolin gave, I have heard of it working post-case before, so give it a try.

With regards breaking the law, lots of big companies fail in their duties under consumer regulations. What you can do as a consumer is do your homework before you buy and only purchase from those that abide by legislation.

Alyce

theonlywayisup wrote: »

Firstly, has the case been closed or simply escalated? If it has been escalated and it went in your favour - telling you to return the item - return it, tracked asap.

Secondly, you can TRY to retrospectively register for the Paypal Returns On Us link that Soolin gave, I have heard of it working post-case before, so give it a try.

With regards breaking the law, lots of big companies fail in their duties under consumer regulations. What you can do as a consumer is do your homework before you buy and only purchase from those that abide by legislation.

Thank you for your reply, the seller escalated it and within minutes it came up that I must return the item etc. So no, it did not go in my favour. Shockingly..

This is not a big retail company it is a company that trades on Facebook as far as I can tell, they may have an actual shop I’m not sure.

At the moment I am unable to do anything until the weekend, not only am I disabled, I’m burying a close friend of mine tomorrow and really could have done without this nonsense.

But I do not feel they should get away with it either way,
Yes I want some justice. £3.95 worth of justice!

theonlywayisup

Alyce wrote: »

Thank you for your reply, the seller escalated it and within minutes it came up that I must return the item etc. So no, it did not go in my favour. Shockingly..

This is not a big retail company it is a company that trades on Facebook as far as I can tell, they may have an actual shop I’m not sure.

At the moment I am unable to do anything until the weekend, not only am I disabled, I’m burying a close friend of mine tomorrow and really could have done without this nonsense.

But I do not feel they should get away with it either way,
Yes I want some justice. £3.95 worth of justice!

The case DID go in your favour if Paypal asked you to return it.

If you fail to return it within the timescale Paypal have given, then you will be stuck with the item.

soolin

OP I do think there are some things that it is worth putting down to experience and just dealing with. Are you seriously going to keep an item that you don't want and is not as described for the sake of £3.95? The only person who will be hurt by that is you.

As per theonlywayisup, don't let the time frame for return slip away, phone paypal see if they will allow a retrospective sign up to paid returns, paypal are usually very good with customer satisfaction and I suspect they may well give you the return money or just a refund. I had a majot dispute with a buyer last year who refused to return an item and paypal actually refunded them without requiring return and didn't charge me for the return either.

When you talk to them though keep it simple, don't do the whole 'disabled' thing, it is an overused phrase and has nothing to do with your legal rights.

As for legal rights, as above, you still have the ability to go to small claims, however I suspect that they will expect you to have worked with paypal to resolve this and the fact that you have been given the chance of a refund may not help your case.

So phone paypal assuming you haven't let the return window lapse.

Alyce

soolin wrote: »

OP I do think there are some things that it is worth putting down to experience and just dealing with. Are you seriously going to keep an item that you don't want and is not as described for the sake of £3.95? The only person who will be hurt by that is you.

As per theonlywayisup, don't let the time frame for return slip away, phone paypal see if they will allow a retrospective sign up to paid returns, paypal are usually very good with customer satisfaction and I suspect they may well give you the return money or just a refund. I had a majot dispute with a buyer last year who refused to return an item and paypal actually refunded them without requiring return and didn't charge me for the return either.

When you talk to them though keep it simple, don't do the whole 'disabled' thing, it is an overused phrase and has nothing to do with your legal rights.

As for legal rights, as above, you still have the ability to go to small claims, however I suspect that they will expect you to have worked with paypal to resolve this and the fact that you have been given the chance of a refund may not help your case.

So phone paypal assuming you haven't let the return window lapse.

I have until the 9th of May,
with regards to my comment about the disabilities I have, I can assure you I have not used it as an “excuse” My point is that my post office is a couple of miles away, I am not able to drive, so it’s not as simple as me sticking it in a bag, writing an address label and skipping over to the post office! It’s the logistics!
I will have to arrange transport and what not!