Missed PayPal Dispute - £400 Down And No Item Back

pinkshoes

Assuming you have tracking showing this buyer received it, and have proof of purchase showing authenticity, then just send a letter before action to the buyer demanding that they either repay the £400, or return the bag I it’s original brand new condition within 14 days otherwise you will start court action against them. Let them know you have proof of purchase to prove the bag is not fake, so will win in court.

soolin

pinkshoes wrote: »

Assuming you have tracking showing this buyer received it, and have proof of purchase showing authenticity, then just send a letter before action to the buyer demanding that they either repay the £400, or return the bag I it’s original brand new condition within 14 days otherwise you will start court action against them. Let them know you have proof of purchase to prove the bag is not fake, so will win in court.

Proof of delivery is a red herring as buyer isn't claiming non receipt. Also OP does not currently have proof of authenticity .

I don't see this as an easy win against the buyer , the buyer claimed a fake and PayPal asked the OP to step in and either talk to buyer, or accept the item back. OP did neither despite reminders, so claim timed out and PayPal awarded the money back to the buyer, as per their rules (which OP will have signed up to).

This can go to small claims at OPs cost , but could get difficult as they are in a Catch 22 situation. OP can't prove its genuine as they don't have the bag, and OP has already allowed a dispute to go through without any attempt to defend it.

Personally at this point, and OP appears to have not returned in the past day, I would be getting hold of the buyer IMMEDIATELY before the bag is destroyed and making arrangements to get the bag back- and take it from there. I wouldn't be wasting time doing anything else until I had tried the basics first.

Jumblebumble

soolin wrote: »

Proof of delivery is a red herring as buyer isn't claiming non receipt. Also OP does not currently have proof of authenticity .

I don't see this as an easy win against the buyer , the buyer claimed a fake and PayPal asked the OP to step in and either talk to buyer, or accept the item back. OP did neither despite reminders, so claim timed out and PayPal awarded the money back to the buyer, as per their rules (which OP will have signed up to).

This can go to small claims at OPs cost , but could get difficult as they are in a Catch 22 situation. OP can't prove its genuine as they don't have the bag, and OP has already allowed a dispute to go through without any attempt to defend it.

Personally at this point, and OP appears to have not returned in the past day, I would be getting hold of the buyer IMMEDIATELY before the bag is destroyed and making arrangements to get the bag back- and take it from there. I wouldn't be wasting time doing anything else until I had tried the basics first.

If the purchaser destroys the bag then I would have thought the OP would have a good chance in a small claims court. They just point out to the DJ that the buyer cannot have both the bag and the £400 and must return one

shaun_from_Africa

Jumblebumble wrote: »

If the purchaser destroys the bag then I would have thought the OP would have a good chance in a small claims court. They just point out to the DJ that the buyer cannot have both the bag and the £400 and must return one

Maybe not that good a chance.
If the buyer submits proof to the court showing that they went through the Paypal dispute process and this was ignored by the OP and that paypal then issued a refund and told them to destroy the bag as it had been alleged to be counterfeit (something that the OP could have responded to at the time the dispute was open but failed to do so), the court may well find against them.

The buyer can show that made attempt to resolve the problem with the OP being given the opportunity to respond and all that the OP can show is that didn't take part in the dispute process.

DoaM

The other scenario is that the OP could win the claim on a technicality, but the judge could award unreasonable behaviour costs against the OP that would wipe out any claim value and possibly end up with the OP owing more to the buyer.

soolin

Jumblebumble wrote: »

If the purchaser destroys the bag then I would have thought the OP would have a good chance in a small claims court. They just point out to the DJ that the buyer cannot have both the bag and the £400 and must return one

Actually they can, a formal dispute has been opened and closed which seller made no defence against or any attempt to resolve. A seller of any description can't win claims by just ignoring them. Think how easy it would be for a dodgy company (and I'm not casting aspersions on the OP here) to never take any responsibility for anything ever again.

born_again

You would have to guess the the buyer had proof that it was fake for PayPal to start the dispute. If they did then it is not legal to send counterfeit goods through the post.
So the buyer would not be able to return the bag. It would/should be destroyed.

Mat_Demoz

Thanks for all of this guys and sorry for not replying sooner, I really appreciate the help.

I've been sent the bag back. It's been heavily used and is now worth significantly less as a result. The bag was sold in new condition. Seller sent it back believing it's fake despite having no proof (and it's obviously not fake. I asked the seller why she thought it was fake and it was because her friend said it 'might be'.

Have I got any chance here at all? I guess my main beef is with PayPal. I completely understand their dispute process but I can't believe that when i found out, I was presented with no option whatsoever to appeal the case? I asked for the lines in their T&Cs where it says I can't dispute if I missed the opportunity to respond to a case and couldn't see anything.

As a PayPal customer of ten years, I'm really disappointed with the service they've provided.

Mat_Demoz

soolin wrote: »

Proof of delivery is a red herring as buyer isn't claiming non receipt. Also OP does not currently have proof of authenticity .

I don't see this as an easy win against the buyer , the buyer claimed a fake and PayPal asked the OP to step in and either talk to buyer, or accept the item back. OP did neither despite reminders, so claim timed out and PayPal awarded the money back to the buyer, as per their rules (which OP will have signed up to).

This can go to small claims at OPs cost , but could get difficult as they are in a Catch 22 situation. OP can't prove its genuine as they don't have the bag, and OP has already allowed a dispute to go through without any attempt to defend it.

Personally at this point, and OP appears to have not returned in the past day, I would be getting hold of the buyer IMMEDIATELY before the bag is destroyed and making arrangements to get the bag back- and take it from there. I wouldn't be wasting time doing anything else until I had tried the basics first.

Once I get proof the bag is genuine what is my best option? Or am I out of luck here do you think?

soolin

Mat_Demoz wrote: »

Thanks for all of this guys and sorry for not replying sooner, I really appreciate the help.

I've been sent the bag back. It's been heavily used and is now worth significantly less as a result. The bag was sold in new condition. Seller sent it back believing it's fake despite having no proof (and it's obviously not fake. I asked the seller why she thought it was fake and it was because her friend said it 'might be'.

Have I got any chance here at all? I guess my main beef is with PayPal. I completely understand their dispute process but I can't believe that when i found out, I was presented with no option whatsoever to appeal the case? I asked for the lines in their T&Cs where it says I can't dispute if I missed the opportunity to respond to a case and couldn't see anything.

As a PayPal customer of ten years, I'm really disappointed with the service they've provided.

You have no argument with PayPal, without your input there was nothing else they could do .epnding on your time frame though you have nothing to lose by phoning them and telling them buyer has returned a significantly used bag and you believe they are abusing the SNAD system.

You still have a small claims option against the buyer, but it will cost you money and might be a gamble.