Section 75

scouseman

Hi, 
I wonder if anyone can give me advice on my issue, I bought a new car diagnostic tool on eBay and paid for it on my credit card via PayPal. The issue I have is that the seller advertised that the tool would recode  injectors as per there description. Before purchasing the tool I contacted the manufacturer to check if there tool would recode my specific injectors on my car and they confirmed it would. It was this specific job on my car why I bought the tool.
It now as appears that it won't recode my injectors which the manufacturer has  confirmed after many emails and testing, so I need to buy a new tool.

But no-one is prepared to give.me my money back and the tool is no use to me. It now 60 days since I bought the tool. Do I have any rights under section 75 to claim my money back?

Any advise would be most appreciated.

Thanks in advance.

Alderbank

Just to confirm, you have had discussions with the seller and the seller has now agreed that the tool is not as described in the eBay listing?
Is the seller Business or Private?
How much did the tool cost?

born_again

So did seller say it would recode your specific injectors? Which I'm guessing they did not given you contacted the manufacture. If that is the case, then seller has not misdescribed.

The only way S75 via PayPal would be if you were not signed into your account, so the payment was made as guest.
If payment shows in your Pp account, then no S75

PP have a 180 day dispute process, so if seller (NOT manufacture) said it would recode your specific injectors. Then not as described via PP.

Mark_d

You have no rights under Section 75 because the payment didn't go directly from the credit card to the seller.  You used Paypal.

You should try making a claim via Paypal however there is a case that the seller shouldn't lose out.  At the time of the sale the seller's information was consistent with the information the manufacturer provided to you.

elsien

Sell it on and recoup some of your money that way if the seller hasn’t misdescribed it.

Nasqueron

Have you tried using ebay buyer protection?

scouseman

Yes but there not as described time limit is only 30 days. It cost £180, the seller just said a generic statement that it recodes injectors, the manufacturer said it recoded mine specifically.

Thanks for your replies 

scouseman

Mark_d said:

You have no rights under Section 75 because the payment didn't go directly from the credit card to the seller.  You used Paypal.

You should try making a claim via Paypal however there is a case that the seller shouldn't lose out.  At the time of the sale the seller's information was consistent with the information the manufacturer provided to you.

Yes but the information was incorrect. The PayPal return window is only 30 days now on Not As Described anyway.

born_again

scouseman said:

Yes but there not as described time limit is only 30 days. It cost £180, the seller just said a generic statement that it recodes injectors, the manufacturer said it recoded mine specifically.

Thanks for your replies 

So seller has done nothing wrong. Sadly manufacture gave you the wrong advice.

DullGreyGuy

A painful lesson then that you must get your advice from the seller if you are going to rely on it. You could log a complaint with the manufacturer for the wrong advice but with you having no contract with them they aren't obliged to even apologise let alone give any financial compensation.