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Paypal dispute

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Hi, just looking to see whether this is worth taking to the small claims court. I sold a laptop on ebay for about £800, and it was sent special delivery and tracked. The lady complained that it didn't arrive, so she lodged a non delivered complaint to ebay. It was sent correctly to a shop that does Collect Plus. I checked the tracking and it was signed for. Eventually she got a collection code from ebay and sent them a message 'all good now thanks' and closed the case. I didn't realise she had raised a separate case with Paypal, as it went to my junk email and I didn't see it. As I didn't reply, thinking all was well, they recently took £800 out of my paypal account. So the woman is now claiming she doesn't have the laptop. I spoke to Paypal and they say they agree I shouldn't have been charged, but as the case is closed they cannot do anything. Ebay have been similarly unhelpful.
So this woman has stopped replying to my questions, I have her email address but not her postal address, as I sent the laptop to this shop via collect plus. It was insured for £500 through royal mail, but as it was actually delivered I don't think they will pay up. Paypal are now chasing me for the money as my account is in negative balance.
Can I take this to small claims court ? I have proof of delivery, and the messages the woman sent. is that enough? cheers!
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  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Who are you planning to sue and for what?
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Acroshaw wrote: »
    Hi, just looking to see whether this is worth taking to the small claims court. I sold a laptop on ebay for about £800, and it was sent special delivery and tracked. The lady complained that it didn't arrive, so she lodged a non delivered complaint to ebay. It was sent correctly to a shop that does Collect Plus. I checked the tracking and it was signed for. Eventually she got a collection code from ebay and sent them a message 'all good now thanks' and closed the case. I didn't realise she had raised a separate case with Paypal, as it went to my junk email and I didn't see it. As I didn't reply, thinking all was well, they recently took £800 out of my paypal account. So the woman is now claiming she doesn't have the laptop. I spoke to Paypal and they say they agree I shouldn't have been charged, but as the case is closed they cannot do anything. Ebay have been similarly unhelpful.
    So this woman has stopped replying to my questions, I have her email address but not her postal address, as I sent the laptop to this shop via collect plus. It was insured for £500 through royal mail, but as it was actually delivered I don't think they will pay up. Paypal are now chasing me for the money as my account is in negative balance.
    Can I take this to small claims court ? I have proof of delivery, and the messages the woman sent. is that enough? cheers!

    of course RM wont be paying up.
    They did as you asked.
    No point talking to Ebay. You need to speak to paypal.Without an address I suspect you will struggle to file small claims.
    I assume her address didnt show in Ebay?
  • Missmarie
    Missmarie Posts: 64 Forumite
    How can you not have an address?

    When you take to the Collect Plus store, YODEL will collect the package and will need an address to deliver the goods to?
  • visidigi
    visidigi Posts: 6,555 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Because they only have the CollectPlus store they sent it to?

    As to the OP did she open an eBay AND a PayPal dispute, or did she open one and then the system opens the other? Only asking as that would surely make it an ebay/Paypal system issue...
  • soolin
    soolin Posts: 74,063 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    visidigi wrote: »
    Because they only have the CollectPlus store they sent it to?

    As to the OP did she open an eBay AND a PayPal dispute, or did she open one and then the system opens the other? Only asking as that would surely make it an ebay/Paypal system issue...

    As eBay and PayPal are no longer linked it is possible for a buyer to open an INR in both, obviously though only one payment can be returned not two, but it means that sellers do need to watch their accounts and emails when selling large items. I had the same happen to me, I always have tracking entered so automatically won the eBay case by escalating it and referring to tracking, and then phoned PayPal pointed out the tracking showed delivery and that was closed in my favour as well.

    Unfortunately I can't see what OP can do here without the buyers address.
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  • Acroshaw
    Acroshaw Posts: 5 Forumite
    I only have the address she gave me for collect plus . I am phoning them tomorrow but I don't think they will help, I am going to talk to PayPal, but I cannot see an easy way forward, I expect Paypal will resort to debt collection soon?
  • Acroshaw
    Acroshaw Posts: 5 Forumite
    I would like to to make a small claims appeal against the Ebay buyer , as she has effectively got my laptop and a refund , but I only have her Ebay account details and the address of the shop I sent it to.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Acroshaw wrote: »
    I would like to to make a small claims appeal against the Ebay buyer , as she has effectively got my laptop and a refund , but I only have her Ebay account details and the address of the shop I sent it to.

    Are you currently out of pocket though? It sounds as though you aren't yet.

    It may be a whole lot easier to go through PayPals complaints procedure first rather than trying to trace an unknown person that you have a dubious claim against.

    As it currently stands if you made a claim against the crook you would have both money off her and PayPal which wouldn't be right.

    You may be able to escalate this to the ombudsman if you get nowhere but you would need to check this out. I have to admit I'm not certain off the top of my head but again it's an avenue to explore before a difficult court case.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    waamo wrote: »
    Are you currently out of pocket though? It sounds as though you aren't yet.

    It may be a whole lot easier to go through PayPals complaints procedure first rather than trying to trace an unknown person that you have a dubious claim against.

    As it currently stands if you made a claim against the crook you would have both money off her and PayPal which wouldn't be right.

    You may be able to escalate this to the ombudsman if you get nowhere but you would need to check this out. I have to admit I'm not certain off the top of my head but again it's an avenue to explore before a difficult court case.

    I dont see Paypal doing anything. They followed the agreed dispute process.
    contacting via the email the OP supplied.
    The have refunded the buyer as per that process.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    custardy wrote: »
    I dont see Paypal doing anything. They followed the agreed dispute process.
    contacting via the email the OP supplied.
    The have refunded the buyer as per that process.

    Possibly not but if you don't try you will never know. I'm also not convinced the op is currently out of pocket. That may well change though.
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