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    • Arrayer95
    • By Arrayer95 20th Sep 18, 10:17 AM
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    Arrayer95
    Section 75 Refund advice on Ebay Purchase
    • #1
    • 20th Sep 18, 10:17 AM
    Section 75 Refund advice on Ebay Purchase 20th Sep 18 at 10:17 AM
    Hi,

    So I purchased a brand new laptop for about 1000 from Ebay in March 2018 but it has now stopped working completely, and I have not damaged it at al so I'm assuming it is defective.

    I purchased this with my credit card- Barclaycard.

    The seller will not reply to my messages or email.

    So I'm thinking should I contact my bank? What should I say? I know my purchase should be covered under the Section 75 because the transaction says Paypal*Seller Name which means it should be fine?

    But I don't want to contact them for me too wait a week and for them to say no so I'd like to know whats the best way to go about this?

    Thanks
Page 1
    • zx81
    • By zx81 20th Sep 18, 10:19 AM
    • 23,294 Posts
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    zx81
    • #2
    • 20th Sep 18, 10:19 AM
    • #2
    • 20th Sep 18, 10:19 AM
    Contact them now and say you would like help with either a chargeback of section 75 claim.
    • Arrayer95
    • By Arrayer95 20th Sep 18, 11:03 AM
    • 3 Posts
    • 0 Thanks
    Arrayer95
    • #3
    • 20th Sep 18, 11:03 AM
    • #3
    • 20th Sep 18, 11:03 AM
    ok thanks.

    So my balance on my credit card is 0.00

    What would happen if my dispute is accepted and I am refunded the 1000?

    Does that 1000 just go back on the credit card on my account? If my Credit limit is 2500, does that mean I have 1000 extra to spend?

    Sorry for the silly questions, I'm kinda new to all this.
    • zx81
    • By zx81 20th Sep 18, 11:07 AM
    • 23,294 Posts
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    zx81
    • #4
    • 20th Sep 18, 11:07 AM
    • #4
    • 20th Sep 18, 11:07 AM
    You would have a credit on your card.
    • Terry Towelling
    • By Terry Towelling 20th Sep 18, 12:16 PM
    • 1,751 Posts
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    Terry Towelling
    • #5
    • 20th Sep 18, 12:16 PM
    • #5
    • 20th Sep 18, 12:16 PM
    There are some suggestions that paying through PayPal may not bestow S75 coverage on you. Whether that is correct or not might be disputed by your card company.

    Anyway, that could be a bit of a moot point because the issue is your allegation of defective merchandise. If the assertion is correct, your card issuer (and also PayPal) have dispute mechanisms to allow you to reclaim your money regardless of S75.

    You may be required to get an independent report done on the laptop to confirm the fault was inherent and you may be required to attempt to return it before any assistance will be given.

    You also should have the manufacturer's guarantee to fall back on if it was brand new. So, even if you can't get hold of the retailer (assuming it wasn't just a private individual knocking out dodgy second hand/counterfeit stuff as new) you may also be able to liaise with the manufacturer.
    • 18cc
    • By 18cc 20th Sep 18, 1:10 PM
    • 1,614 Posts
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    18cc
    • #6
    • 20th Sep 18, 1:10 PM
    • #6
    • 20th Sep 18, 1:10 PM
    If you want section 75 protection then you should pay for the laptop with your credit card Direct and not via PayPal

    as stated above this may very well cause 75 not to be activated. Simply put this is because you did not pay for a laptop with your credit card you paid for the laptop with PayPal. the fatct that you then paid PayPal with a credit card is a separate transaction and nothing went wrong with this.

    in any case I think your first call should be via PayPal because they are the people you paid with and you should use whatever protection they provide (dont hold your breath)

    A bit late now but people who buy laptops from eBay have much much less protection if they bought them from say John Lewis or even Amazon
    Last edited by 18cc; 20-09-2018 at 2:24 PM.
    • soolin
    • By soolin 20th Sep 18, 1:18 PM
    • 62,450 Posts
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    soolin
    • #7
    • 20th Sep 18, 1:18 PM
    • #7
    • 20th Sep 18, 1:18 PM
    PayPal have a 180 day policy for claims, but they don't offer guarantees so it isn't a case of just saying it wasn't as described and getting your money back. Their categories for a claim are either it didn't arrive, or it was significantly not as described so a PayPal claim, assuming you are still within the time frame is not going to be an easy option.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
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    • Terry Towelling
    • By Terry Towelling 20th Sep 18, 1:53 PM
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    Terry Towelling
    • #8
    • 20th Sep 18, 1:53 PM
    • #8
    • 20th Sep 18, 1:53 PM
    From what others are saying it looks like your options are shrinking.

    The CC Chargeback angle and S75 applicability are not definitely out depending on the way the purchase was transacted - but be prepared for resistance.

    You may be within time for a PayPal claim because the 180 days presumably runs from the date you received the goods. It was sold as a working, brand new laptop that was fit for purpose. Depending on the fault, you may have a claim if you use a bit of semantics. If it turns out to be second hand or counterfeit, then you definitely have a claim - get it in quickly.

    The manufacturer's guarantee may help but they often ask you to go direct to the retailer - which you have tried and not been successful. Still the manufacturer should be able to help anyway. If that fails, it could just be a simple fault with, say, the power pack. That could well be repairable at relatively low cost.

    Must be a hell of a laptop for that kind of money.

    Best of luck.
    • 18cc
    • By 18cc 20th Sep 18, 2:27 PM
    • 1,614 Posts
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    18cc
    • #9
    • 20th Sep 18, 2:27 PM
    • #9
    • 20th Sep 18, 2:27 PM
    Yes agree with above post - for anyone in the future reading this thread beware buying any expensive tech from eBay - it's the wild west on there. If you must buy it, pay with CC and not PayPal.
    • Terry Towelling
    • By Terry Towelling 20th Sep 18, 2:42 PM
    • 1,751 Posts
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    Terry Towelling
    Yes agree with above post - for anyone in the future reading this thread beware buying any expensive tech from eBay - it's the wild west on there. If you must buy it, pay with CC and not PayPal.
    Originally posted by 18cc

    I used to work in the CC industry and could never understand why anyone ever bought anything from Ebay (sorry Ebay) because the number of disputes and claims was staggering. Obviously, I was only seeing the things that went wrong because the things that go well don't get disputed.
    • eco_warrior
    • By eco_warrior 20th Sep 18, 4:05 PM
    • 435 Posts
    • 199 Thanks
    eco_warrior
    As others have said I don't think you'd get any joy through a S75 claim due to the debtor-creditor-supplier link being broken by PayPal. Worth enquiring though as some banks may take a different stance.

    I've seen claims go to the ombudsman and they sided with the bank due to no DCS link.
    • Arrayer95
    • By Arrayer95 6th Oct 18, 2:50 PM
    • 3 Posts
    • 0 Thanks
    Arrayer95
    Thanks for the info.. I'm filling out the section 75 form atm but it asking for a checklist of which I don't know how to get:
    - A copy of the original invoice/contract to confirm there is a debtor, creditor, supplier agreement
    - Terms and conditions

    As its from eBay, I wasn't provided with these so not sure what to do. Any help is appreciated, thanks
    • zx81
    • By zx81 6th Oct 18, 2:54 PM
    • 23,294 Posts
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    zx81
    The transaction on your account will show the seller and what you bought, along with a product description.
    • unforeseen
    • By unforeseen 6th Oct 18, 3:12 PM
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    unforeseen
    Must be a hell of a laptop for that kind of money.
    Originally posted by Terry Towelling
    Put a logo of a common fruit on it and it's a licence to charge stupid amounts.
    • 18cc
    • By 18cc 6th Oct 18, 4:46 PM
    • 1,614 Posts
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    18cc
    yes raspberry pi laptops are stupidly expensive!
    • chattychappy
    • By chattychappy 7th Oct 18, 8:16 AM
    • 7,109 Posts
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    chattychappy
    Funny, I was reading this whilst opening my first ebay purchase!

    Anyway, the law is outdated this area - in 1974, operations such as paypal were never anticipated, nor even the widespread use of credit cards.

    S75 says there must be a " debtor-creditor-supplier" relationship. The traditional approach is that the involvement of other parties "breaks the chain".

    However, the courts have "interpreted" this to include merchant acquirers - ie a four party structure. See https://forums.moneysavingexpert.com/showthread.php?p=73402785#post73402785

    This isn't the same as a paypal situation - to my knowledge there hasn't been a ruling on that (I mean court rather than FOS) yet. But in my view it is only a matter of time before there is some sort of ruling in favour of the OP. The courts were looking beyond the technical separation of the parties and into the "joint venture" nature of certain arrangements.

    Until such a ruling, expect resistance.
    Last edited by chattychappy; 07-10-2018 at 8:20 AM.
    • bris
    • By bris 7th Oct 18, 4:13 PM
    • 8,753 Posts
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    bris
    The biggest problem with Ebay purchases on tech is the fact that the sellers are usually selling grey market product and the manufacturers don't recognise these sellers as authorised distributers.


    This means they don't honour warranties from these sellers, so an invoice from an ebay seller won't be recognised.
    • jonesMUFCforever
    • By jonesMUFCforever 7th Oct 18, 6:06 PM
    • 25,981 Posts
    • 13,170 Thanks
    jonesMUFCforever
    The biggest problem with Ebay purchases on tech is the fact that the sellers are usually selling grey market product and the manufacturers don't recognise these sellers as authorised distributers.


    This means they don't honour warranties from these sellers, so an invoice from an ebay seller won't be recognised.
    Originally posted by bris
    I don't dispute what you say in any way bit sellers (business) have to comply with UK consumer laws whether they want to or not.
    What goes around - comes around
    give lots and you will always receive lots
    • chattychappy
    • By chattychappy 7th Oct 18, 9:42 PM
    • 7,109 Posts
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    chattychappy
    World's upside down.

    Apparently in certain London markets they are selling products claiming to be "fake fur" which are turning out to be real fur because it's cheaper to get fur from China than make the synthetic stuff.

    I just bought something from Amazon claiming to be an "own-brand" compatible product and inside the box was an original.
    • bris
    • By bris 8th Oct 18, 4:59 PM
    • 8,753 Posts
    • 7,640 Thanks
    bris
    I don't dispute what you say in any way bit sellers (business) have to comply with UK consumer laws whether they want to or not.
    Originally posted by jonesMUFCforever
    I didn't say the seller doesn't have to comply, just pointing out why the manufacturer most likely won't honour a warranty that it should have.
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