Getting refund from PayPal UK fro Pledgemusic pre-order / 180 day fulfilment period

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Hi,

I'm looking for advice on getting a refund from PayPal UK for an order on PledgeMusic that was not fulfilled. I placed the order on PledgeMusic back in November 2017 which was a pre-order for an album to be funded / created.

The artist whose album I pledged to advised that they had not received the monies expected from PledgeMusic and they highlighted on-going issues at PledgeMusic. I tried to cancel the order with PledgeMusic but had no response.

Now it appears that PledgeMusic are no more and the website is gone.

I opened a case with PayPalUK and they declined my claim because it is over 180 days since I made the payment via PayPal.

I have since been advised by the artist that the 180 days should be from the fulfilment date of the pledge and not the purchase date and that people who paid by credit / debit cards have been getting refunds.

Can anyone confirm this detail about the 180 day limit being from the fulfilment date of pre-orders? Is this part of the law or just something that only certain banks are adhering to?

Thanks

Comments

  • Mr_Singleton
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    I would have thought you'd be due a refund as if you'd bought a holiday 9 months in advance (as some people do) and the company went bust a week before you would get a refund.

    Am guessing PayPal are trying it on hoping you'll go away. Did you pay we a CD linked to the account or via money already within PayPal? Roughly how much money are you talking about?
  • theonlywayisup
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    Paypal use the purchase date.

    Did you fund the payment from a card or bank? Whilst unlikely, there is nothing to stop you trying to get help from the card provider.
  • Mr_Singleton
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    Paypal use the purchase date.

    So if a package holiday company did the same they'd be off the hook for a cancelling a holiday?
  • KatrinaWaves
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    https://en.wikipedia.org/wiki/PledgeMusic#Critique

    Theyre in administration so you may be considered a creditor.

    Also I think these 'pledge' sites like Kickstarter etc are more like 'investments in return for an item' rather than typical services/products so not sure how they fit with consumer rights.
  • [Deleted User]
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    So if a package holiday company did the same they'd be off the hook for a cancelling a holiday?
    I think ABTA insurance would cover this kind of eventuality...
  • K80_Black
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    https://en.wikipedia.org/wiki/PledgeMusic#Critique

    Theyre in administration so you may be considered a creditor.

    Also I think these 'pledge' sites like Kickstarter etc are more like 'investments in return for an item' rather than typical services/products so not sure how they fit with consumer rights.

    I had over £600 refunded to my credit card for a pledgemusic reward that could not be fulfilled because pledgemusic did not pass the money on to the band. Barclaycard at least treat it as a normal purchase - which it is, really. Most of the pledges are for specific items, pledgemusic had t&cs saying if the artist didn't reach the 100% goal to create whatever item they were making then people who pledged would be refunded. It's more like a pre-order than an investment. There /should/ be no risk to the consumer, which you would get from an investment.

    I was lucky and acted fast when it was clear things were dodgy with pledgemusic - a site I have used many times. I also have no idea how PayPal works and cannot advise the OP on that. Just wanted to say that in the eyes of the major banks, you've paid for a product and not received it, that's all that matters.
  • theonlywayisup
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    So if a package holiday company did the same they'd be off the hook for a cancelling a holiday?

    I haven't checked the T&C to see if holidays are covered, have you? There are lots of things that aren't covered and most of those are intangible.
  • Delta7
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    Thanks for the replies.

    My paypal account is linked to my bank account (Cahoot). I did try contacting them but they said it is up to Paypal.

    The total cost is only £35 so not a massive amount but it's the principle of the matter, where I see others being refunded who are are in same situation, I think that I should get a refund too. Also the band are now releasing the new CD on their own so I would rather the money go to them.

    If paypal are sticking to using the purchase date then that means that they are not really suitable for anything that can be considered a pre-order. For example if paypal were used to pay for concert tickets over 180 days away and then the concert is cancelled at the last minute then they would not provide a refund?
  • The_Rainmaker
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    Delta7 wrote: »
    If paypal are sticking to using the purchase date then that means that they are not really suitable for anything that can be considered a pre-order. For example if paypal were used to pay for concert tickets over 180 days away and then the concert is cancelled at the last minute then they would not provide a refund?

    I think you have hit the nail on the head. With purchases such as this you need to be aux fait with the terms and conditions of the CC, bank or Paypal.
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