Ebay buyer protection has failed, what next?

[uncimport]

I bought a lego model which was incomplete. I initiated a paypal refund request and went through the process. I sent the item back to the seller who acknowledged that pieces were missing and that they received the item shipped back to them. But paypal has closed the process because they say the tracking number for returning the lego back to the seller was not accurate. I have the receipt from Australia post and its fine. Plus the seller has acknowledged receipt of the item back.

The seller won't give me refund even though they have resold the item to someone else and ebay has left me stranded even through I've done everything right.

What should I do next?

[shypansy]

What form of tracking did the return item have?  it would need to be registered/ click & send or the newer option Signature required.

None the less, call paypal, tell them you have messages to confirm the item was returned,

Go to your PP account, click on Contact us, get the free call number, and phone them now. 

[shypansy]

Also provide the details where the seller has resold the item!

[kopenhagen5]

Definitely call PayPal, provide the tracking info again and the above, they are often very helpful.

[joz*garage]

first of all I would not have paid for the return postage seeing as the seller made the mistake.

a buyer shouldnt have to pay for return postage under these circumstances.

this is where PP buyer protection is also flawed imo

i dont like paying extra for anybody elses mistakes, and i certainly wouldnt expect buyers to pay for my mistakes if i made them either.

[***super_nova***]

first of all I would not have paid for the return postage seeing as the seller made the mistake.

a buyer shouldnt have to pay for return postage under these circumstances.

this is where PP buyer protection is also flawed imo

i dont like paying extra for anybody elses mistakes, and i certainly wouldnt expect buyers to pay for my mistakes if i made them either.

maybe you would not, but it is PP policy for the buyer to pay the return postage. 

uncimport, there is no eBay protection, your protection is by PP.  As suggested above call PP.  Do not email, do not try to call the Sydney number; call the FREE international 1800 number that you get when you log into your PP account > click on the little HELP link on the top > follow the prompts to contact us.  They will give you code you will need to enter and you get to talk to lovely and very helpful American person.  I am sure they will work this out for you.

[bsal6160]

super,

is it PP policy that the buyer must pay for return or is it that it simply must be returned by trackable means? not sure on this one.....

[joz*garage]

but it is PP policy for the buyer to pay the return postage.

yes i know and like i said, it is flawed, be much fairer to all if PP reviewed each case, case by case instead of making a grey area.  

[shepherdsrule]

super,

is it PP policy that the buyer must pay for return or is it that it simply must be returned by trackable means? not sure on this one.....

Paypal and Australian warranty guidelines state the buyer must return at their cost.

But in saying that, any seller with integrity, once inspecting the item and deciding it was faulty or that the they (the seller were at fault in the listing) , would refund IN FULL, including the return postage cost.

This regulation is put in place for this reason -  until the item has been inspected, how can anyone know if it is faulty or if it is simply buyer's remorse.

[purple.cow]

I bought a lego model which was incomplete. I initiated a paypal refund request and went through the process. I sent the item back to the seller who acknowledged that pieces were missing and that they received the item shipped back to them. But paypal has closed the process because they say the tracking number for returning the lego back to the seller was not accurate. I have the receipt from Australia post and its fine. Plus the seller has acknowledged receipt of the item back.

The seller won't give me refund even though they have resold the item to someone else and ebay has left me stranded even through I've done everything right.

What should I do next?

I have just one question ...

Did Paypal instruct you to return the item to the seller, or did you do so without them telling you to?

The reason I ask the question is because there is a little known difference in legal terms if you acted on Paypal's direct instruction to return the item to the seller, no matter who paid the postage cost.

That difference comes into play when you act upon Paypal's direct instruction because at that time PAYPAL has then created a brand new contract with YOU regarding the cost of the item that says they are then fully responsible for refunding the full price of the goods after the item has been received by the seller and inspected and proved to be at fault.

You will no longer be dealing with the seller themselves if this occurs, purely Paypal.

No doubt someone will now jump on me for quoting this contractual clause, but I happen to know this for a FACT because it was the very thing that caused Paypal to a rapid about face when it happened to me a few months ago.

I only found out about it when I laid copies of all the email exchanges between myself and Paypal regarding the disputed claim on my lawyer's desk who instantly exclaimed, BREACH OF CONTRACT regarding Paypal's side.

If you didn't have Paypal's direct instruction to return the goods to the seller you won't have a leg to stand on in this sort of thing though as Paypal will not have created any new contract with YOU.