PayPay claim denied twice. Advice pls?

SHB2026

I ordered a camera from the States to be delivered to my home using the three-in-one PayPal payment method. The goods didn't arrive, and I couldn't get a reply from the seller; even their phone line was dead. I opened a PayPal resolution (the complete script has been uploaded). They said they received a FedEx tracking number and immediately closed my case. I spent two days tracking the parcel to find (and verified with FedEx) that the tracking number provided was not mine and, in fact, belonged to another household on the road for her parcel. I went back to PayPal with the proof. The photo of the house the parcel was delivered to is not mine. The tracking number given to me belongs to her and her parcel. Fedex confirmed this via email. I have proof. I went back to Paypal with irrefutable proof the tracking number isn't mine and I've not recevied my parcel and the other person in the street received her parcel ( a rucksack and not my camera) Again Paypal refused my claim. I have photographic proof from Fedex of the door the parcel logged with the tracking number Paypal gave me is not mine along with a photo of my door. I've an email from Fedex showing the wrong number name and address against that tracking label and parcel. I've copies of the original packing with said tracking label number which clearly shows all the name and address belongs to someone else. I've proof of my original order which clearly shows my original delivery address which appears nowhere on the packaging and against the tracking number given by Paypal. I spent 4 days messaging and explaining in a 40 minute call with Paypal that the tracking number provided is not for me nor my parcel , yet they still rejected my case twice. Apart from ombudsman where do I go from here?

Aylesbury_Duck

Have you spoken to your bank about a chargeback? I'm not sure if chargeback can be used when PayPal is used, but there's no harm in asking.

Other than that, ask Paypal for a deadlock letter and raise it with the ombudsman.

m0bov

You will need to raise a complaint with PayPal but also a claim against the supplier under US consumer law.

Alderbank

OP says their PayPal claim failed because the seller has good evidence that the goods were delivered (not necessarily to the intended recipient). I believe that a chargeback would also fail for the same reason.

There isn't a 'US consumer law'. Each state is required to have something in place but the quality varies enormously. Hawaii is considered the best. New Jersey's offering is hard to distinguish from having no consumer protection at all so many sales contracts choose to be governed by the laws of the State of New Jersey.

@SHB2026, where did you buy the camera? Also, what date did you make the 'buy in 3' contract from PayPal?

born_again

https://forums.moneysavingexpert.com/discussion/comment/82108944#Comment_82108944

All depends on how PayPal account is linked to OP bank account.

If it's via DD, then there is no right to claim back. Ohly if it is linked via Card Details is there a chargeback right.👍

SHB2026

Hi thanks all. I'm in the UK and been told I can't do anything about the seller ie small claims because he's in the U.S secondly he's never contacted me since the purchase way back in July. I honestly thought paypal would at least look at the 11 pieces of evidence I gave them and not stick to the "we've given you a tracking number" Long shot is I received a final deadlock letter and will have to raise it with the Ombudsman.

Alderbank

'In July' is not very precise.

Was the Pay in 3 deal made before the 15th or after? It matters!

SHB2026

30th July . I tried to reach out to the seller first but no response hence opening a PayPal resolution which they declined once they got a tracking number. I immediately appealed as the tracking number isn't related to my parcel including FEdEx confirmation too. They denied my appeal for the second time with very little other then saying they passed to me a tracking number which they say the seller provided. I complained , they sent a Final Notice confirmation saying their decision is upheld.

Okell

how much did you spend?

user1977

been told I can't do anything about the seller ie small claims because he's in the U.S

"Been told" by whom and with what explanation? It won't be straightforward but certainly not impossible.