Item not received

[chrisjones-55]

Item not received raised this with PayPal who are not at all helpful. Now e bay say they want nothing to do with it

[tobiasd4]

You should have opened ebay case 1st, once you go to PayPal, ebay won't get involved.

[plpmr]

adding to the advice already given -

If you opened a PayPal not received case, why did they not find for you?

[red_magpie]

That is a lot of money to have lost. With hindsight, you took a risk buying a high-end phone like this from a seller with only one feedback.

Sadly, you have disqualified yourself from using eBay's money back guarantee, as they will not accept a claim when one has aready been made through PayPal. Quote: "A purchase will no longer be eligible for eBay Money Back Guarantee if you choose to seek resolution through your payment provider for the same transaction, regardless of the outcome of that dispute or claim"

You haven't told us what happened, so it's impossible to suggest whether you may have grounds to appeal PayPal's decision. Unlike eBay, PayPal is regulated by the Financial Conduct Authority. This means that have greater rights of appeal; to PayPal itself or ultimately to th financial ombudsman. But you would need to show that PayPal had not dealt with your dispute correctly.

Failing that, it's possible that your credit or debit card issuer may be able to help if that's how you funded the PayPal payment. Good luck!

[chrisjones-55]

Learnt that lesson now. PayPal are not good to deal with. Looks like I might lose the money despite PayPal and e bay claiming to protect customers
Sent from my iPhone

[tressygirl]

It looks like you are after 2 refunds if you open a PayPal and eBay case at the same time.

Has PayPal closed the case,  or just taking their time to answer?

PayPal take longer to refund as they look into cases more deeply than eBay do.

@chrisjones-55 

[john1297576]

As you tried and failed with paypal it does sound as though you paid by paypal so nothing more you can do.

It would be interesting to know why paypal would not help.

[chrisjones-55]

Reported to police at PayPal request. Of course the police have no way of retrieving item as seller is nowhere to be found. Don’t understand where buyer protection is
Sent from my iPhone

[chrisjones-55]

Basically the phone has never arrived received a pizza box instead and several comments on e bay saying the pizza was a joke and the phone was on the way
Sent from my iPhone

[plpmr]

So you needed to open a not as described case - if you did that what reason did PayPal give for not finding for you?

[tobiasd4]

If you opened item not received case, you will lose as you did receive something. 

Only time you can close case and now open item not as described case. 

[red_magpie]

Don’t understand where buyer protection is

I'm afraid that as far as eBay is concerned you threw it away, by not reading the terms and conditons.

If the seller sent a worthless item just to get proof of delivery, that should have been a relatively straightforward case on either eBay or PayPal. Why didn't PayPal accept it?

[*vyolla*]

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@chrisjones-55 wrote:

Item not received raised this with PayPal who are not at all helpful. Now e bay say they want nothing to do with it

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If the seller sent something, even a pizza box, they will have a tracking number showing that the order was delivered to you.

What you needed to do was open an eBay return, selecting 'Received wrong item' or 'Doesn't match description or photos'. eBay would then have told you to return it for a full refund.

If you've ignored eBay's Buyer Protection and gone straight to PayPal, this was a bad move. As you've discovered, you've now burnt your bridges with eBay.

So, you now have a PayPal case open. What reason have you given? If you've selected not received again then you'll lose this too. Please let us know what kind of claim you've opened and how far along you are with it. You may still be able to pursue a refund, but we need some precise answers to questions. 

[chrisjones-55]

They haven’t said that yet. But when I have spoken to them on the phone they said it was my word against the seller me saying I have not received and him saying he sent the item. How do I prove that.
Sent from my iPhone

[tressygirl]

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@chrisjones-55 wrote:
They haven’t said that yet. But when I have spoken to them on the phone they said it was my word against the seller me saying I have not received and him saying he sent the item. How do I prove that.
Sent from my iPhone

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Tracking is the only way to prove or disprove you have or have not received the item.

@chrisjones-55 

[red_magpie]

they said it was my word against the seller me saying I have not received

That is absolute nonsense. You really should read the terms and conditions for buyer protection. You didn't read eBay's, and you haven't read PayPal's either. You can find it here: https://www.paypal.com/uk/legalhub/paypal/buyer-protection?locale.x=en_GB

This time, it's good news. When you file an "item not received" dispute through PayPal the onus is on the seller to prove that the item was delivered. They define exactly what proofs of delivery will be accepted:

Online or physical documentation from a shipping company that includes:

• An online and verifiable tracking number
• Date of delivery and ‘delivered’ status
• An address for the recipient that matches the shipping address on the "Transaction Details" page
• An address for the recipient showing at least the city/state, city/country, or zip/postal code (or international equivalent).

As I mentioned earlier, PayPal has a proper appeals procedure. You need to use it, and if this fails to resolve the problem you even have the right to appeal to the financial ombudsman. (Details of both are given in PayPal's user agreement.)