Lego set missing 29 pcs, Paypal did nothing to help.

[9thkeypattern]

I recently bought this Lego train set.
http://www.ebay.com.au/itm/141136917535?orig_cvip=true

The listing title was:
"LEGO TOY STORY WESTERN TRAIN CHASE SET 7597"

The description was:
"LEGO 7597 TOY STORY TRAIN SET
BOOKS INCLUDED
ANY QUESTIONS PLEASE ASK SMOKE AND PET FREE HOME"

If there is even one piece missing then it ceases to be the set, but 29 missing was ridiculous. I discovered that I could buy the missing pieces from lego.com and I requested this as a partial payment or, if not, a full refund and I would return it.

Paypal "did not find in my favour". Why? Can someone please explain this to me?

It wasn't by mistake either, when I contacted the seller I received a response saying "I never said it was complete, what do you mean not as described". It was not as described because it wasn't the set that was advertised.

I thought it was up to the seller to list any flaws / defects / missing items. This clearly was no mistake either since the seller's recent sales feedback had 6 comments saying "missing pieces". I sell on ebay all the time and I would never think to do something like this. Maybe I should start. Why is this behaviour condoned by paypal?

[harley_babes_hoard]

I edited my reply. Not sure why paypal have done that, did you ring and explain it to them.

[iamanark]

A set is a "set" ... what would happen if I sold a chess set with pieces missing ?

.

You are completely in the right ....

.

Ring Paypay and ask for a supervisor and explain the situation

.

If still no satisfaction tell them that you are going to take the matter further through the Ombudsman (see link below)

.

To pay $90 and not receive a full set is just a rip off !

.

.

http://www.fos.org.au/centric/home_page.jsp

[rkwm888]

i would do what others have said and complain to paypal, speak to a supervisor

at least they got what they deserve a big red dot

[cq_tech]

Further to the above, if you ring Paypal and ask to speak with a supervisor, simply mentioning your intent to lodge a dispute with the FOS is frequently sufficient reason to have Paypal either reverse their decision, or make a discretionary refund instead. Good luck.

[phorum_junkie*]

I suspect that you were not specific enough when you first opened the complaint. You have to use very simple language, bullet points are good too, to say what is wrong and why the item is useless without the missing parts.

Definitely call Paypal, keep it polite, you want them on side, and take down the name of every person you speak to. Keep asking to speak to somebody higher up the food chain and usually you will eventually get somebody who will agree it should have gone in your favour. If they say they are going to refund make sure you note the date and time of the call and the person's name and employee number just in case the promissed refund does not appear.

If you have done all that just tell them very calmly that unless a refund is in your account within 48 hours you will be lodging a complaint with the ombudsman.

[springyzone]

If there is even one piece missing then it ceases to be the set, but 29 missing was ridiculous. ......
It wasn't by mistake either, when I contacted the seller I received a response saying "I never said it was complete, what do you mean not as described". It was not as described because it wasn't the set that was advertised.

I thought it was up to the seller to list any flaws / defects / missing items. This clearly was no mistake either since the seller's recent sales feedback had 6 comments saying "missing pieces". I sell on ebay all the time and I would never think to do something like this.

---------------------

I do hope you re-contact ebay and have the decision reversed so it is in your favour.

I completely agree with you, if a set is incomplete, that should be stated in the listing. Anything else is sneaky and underhand. It shouldn't be up to a buyer to ask if all pieces are there, it is the seller's responsibility to list faults. I used to sell and like you, would never have done something like that.

The hide of their reply! I'd give them  negative feedback just as a possible prod to improve their ad writing skills..

[harrycallahan72]

Ask the PayPal person if they would decide againt the seller if they had sent a box with one piece in it.

I expect they will say yes, the item was not as described.

Then ask how many pieces need to be removed before they change their mind and make that decision - "Somewhere between 9 and total minus 1 right?".

[9thkeypattern]

Update: I never received any compensation from the seller and paypal found in their favour.

What happened was.. I called paypal and the person I talked to seemed to agree that the seller was at fault so they offered to open a claim on my behalf. A few days later I received an email stating that the claim was not found in my favour, without explanation.

I called again and was told that, in order for a claim to be successful, new information needs to come to light. Since that didn't happen, it was denied. The person I talked to told me that "I can't comment on another PayPal team member's actions, but I'm not sure I would have made the same decision. I'm not able to overturn the decision made my another member of staff".

Thanks paypal, you guys suck.

[lyndal1838]

Did you fund the paypal payment with a credit card or Visa debit card?  If yes, then ask your bank about doing a chargeback.