chargeback help.

mark_ashley

bought a car off ebay, described as a good car etc.

car is not roadworthy, cant see out windows, not that it would do any good in the dark as headlights dont work. clutch is ruined also as well as many other niggly bits, them main three i have had a garage feruse to do the work and another quote £1100!.

bought it through paypal on my credit card, so i knew i was protected, however tried to do a chargeback and was told that because my mate had picked up the car and brought it back for me (i hadnt got tax/insurance yet) then i was not allowed/covered under the chargeback scheme.

does this sound right, is there anything i can do?

i have registered a problem through paypal but maximum i can get i think is £105. natwest/visa told me to contact consumer direct but they said all i can do is write letters and maybe take him to small claims court. all i wanted to do was take the car back and get my money though, dont want the hassle of court.

thanks for your help,

mark.

Iamthesmartestmanalive

mark_ashley wrote: »

bought a car off ebay, described as a good car etc.

car is not roadworthy, cant see out windows, not that it would do any good in the dark as headlights dont work. clutch is ruined also as well as many other niggly bits, them main three i have had a garage feruse to do the work and another quote £1100!.

bought it through paypal on my credit card, so i knew i was protected, however tried to do a chargeback and was told that because my mate had picked up the car and brought it back for me (i hadnt got tax/insurance yet) then i was not allowed/covered under the chargeback scheme.

does this sound right, is there anything i can do?

i have registered a problem through paypal but maximum i can get i think is £105. natwest/visa told me to contact consumer direct but they said all i can do is write letters and maybe take him to small claims court. all i wanted to do was take the car back and get my money though, dont want the hassle of court.

thanks for your help,

mark.

No case

Paypal offer you a money transfer service, they have completed that

For example if you withdraw £100 at a cash machine and waste it you cant claim

Secondly you accepted delivery of the car, this will have been "implied" acceptance

You should never have paid until ou were happy

Your onyl chance would be a case against the seller for breach of contract/misrepresentation and even then you might be pushing it

Do you have a link to the ebay ad in question

mark_ashley

Iamthesmartestmanalive wrote: »

No case

Paypal offer you a money transfer service, they have completed that

For example if you withdraw £100 at a cash machine and waste it you cant claim

Secondly you accepted delivery of the car, this will have been "implied" acceptance

You should never have paid until ou were happy

Your onyl chance would be a case against the seller for breach of contract/misrepresentation and even then you might be pushing it

Do you have a link to the ebay ad in question

yeah thats basicall what the bank said.. i just always thought you had cover from the credit card company.. well i didnt because i didnt know too much about it, its just what i have been told.. with this implied acceptance etc, then how are you ever going to be covered?? could they not just call anything acceptance or implied acceptance? especially as it is quite rare that you pay for something after you have taken it away.

oh well, we live and learn, the link is.... http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=230190122879

edited as i put the wrong link in at first lol.

simongregson

It may be worthwhile seeking some legal advice on this, after all it is in the credit card's interest to deny any liability. The credit card company has treated the transaction as a purchase, not a cash loan, and the merchant has paid a fee to the company to accept your card payment. This is not in essence any different to any other company that enables merchants to accept cards.

So do check before you accept the card company's opinion.

There is a very clear option on paypal to transfer money, not as a payment for goods, and the card companies charge cash advance fees for these transactions, implying that paying for goods using paypal is not a cash advance and therefore is eligible for protection under section 75 of the Consumer Credit Act.

mark_ashley

simongregson wrote: »

It may be worthwhile seeking some legal advice on this, after all it is in the credit card's interest to deny any liability. The credit card company has treated the transaction as a purchase, not a cash loan, and the merchant has paid a fee to the company to accept your card payment. This is not in essence any different to any other company that enables merchants to accept cards.

So do check before you accept the card company's opinion.

There is a very clear option on paypal to transfer money, not as a payment for goods, and the card companies charge cash advance fees for these transactions, implying that paying for goods using paypal is not a cash advance and therefore is eligible for protection under section 75 of the Consumer Credit Act.

who would i see about legal advice?

mark.

nomoneytoday

There is no case for them to answer. You should have walked away instead of paying the funds to the seller. Negative feedback would have been the worst case scenario.

Caveat emptor...

mark_ashley

nomoneytoday wrote: »

There is no case for them to answer. You should have walked away instead of paying the funds to the seller. Negative feedback would have been the worst case scenario.

Caveat emptor...

i dont know what that last bit means.. but when i got the item he wanted payment straight away.. maybe im just too trusting :rolleyes:

simongregson

mark_ashley wrote: »

who would i see about legal advice?

mark.

A solicitor (see if they will do a free consultation for 30 minutes or so, some will), or the CAB.