Paypal dispute ---little help

[2611geoff]

Hi all , today i had a dispute closed and in the favour of the seller.

The dispute was that the item had not arrived----it still hasn't.

There seems to be no avenue to dispute this decision , they(paypal) only allow a challenge if item is recieved and NAD.

In my case it hasn't arrived.

The Paypal conclusion was that the seller (USA) had provided proof of delivery and that was that.

This delivery required MY signature , and i have never signed for, let alone seen the item.

Any suggestions

[lyndal1838]

Ring paypal and appeal the decision.

Ask to see a copy of your signature on the receipt.

Have you checked the status of the parcel on the tracking site (USPS?)

[2611geoff]

Hi Lyndal,

thanks for the reply.

I have checked the Fedex site and it states item delivered , but it does not state to where and whom it was delivered.

There appears to be know evidence of signature---and there  shouldn't be, as i have not signed anything.

Paypal seem to be judge , juror and executioner.

My experience with phoning Paypal in the past has been less than satisfactory , but maybe someone out there might have a more local number that avoids all this long distance phone call nonsense.

Regards

[*crikey*mate*]

There is a 1800 number on the PayPal site.

I contacted PayPal the other day to clarify the boundaries of seller protection for US and Aust sellers.

Now this goes against everything that we have previously been told, but the PayPal rep told me that a US seller does not need to prove delivery, only tracking and lodgement. I clarified it 3 times. I didn't misunderstand. That is exactly what I was told.

If I wanted information about the Global Shipping Program, I had to be a registered US member of eBay and then I could contact their Global Shipping Department

All the discussion did was to leave me confused.

[lyndal1838]

Ring FedEx then...they should be able to help you.

As for ringing paypal....use the 1800 number and it takes you direct to paypal in the US without expensive international calls....it is a free call.

[phorum_junkie*]

Are you sure nobody else at your address couldn't have taken the parcel in and signed for it? If you are sure then you need to call Paypal, a positive outcome often depends on being ultra polite and not getting stroppy with the person you are talking to, after all you want them on your side. Explain that although the tracking shows the item has been delivered you have not received it and would like to appeal their decision. Tell them you are prepared to supply a Stat Dec confirming that. If still no go ask to speak to a supervisor, if they agree to look ast it again make sure you note down their name and employee number and the time of the call. If no positive outcome after 48 hours call again and ask why you have nit had a response, get through to a suopervisor again if needed and if they don't agree to refund tell them if you do not receive a refund within 48 hours you will be opening a complaint with the Ombudsman.

[2611geoff]

Hi All , my understanding is that Australia "sale of goods act" applies in this case , the USA rules do not apply to Aussie Paypal.

I further understand that ownership changes when the item is delivered to the addressee---in this case that has not happened.

The seller therefore is liable---i've got no money and no product.

Of cause this could be me just having a bad hair day , maybe MR Squiggle played a part in this or the not so diligent courier decided to get any passing person to sign and accept delivery.

This is Fedex and we know what happened to Tom Hanks.

Thank you for your replies , but i would still like more input.

[thecatspjs]

Lol - oh well take maybe take some comfort in that Tom got rescued ...... eventually .......

Under the Sale of Goods Act ownership transfers to buyer when it paid for and shipped using a buyer approved method, which is the post service described in a listingand/or selected at check out. 

I think following up with the sender and the post service to get a copy of the signature as well as confirm date and actual time of said delivery is important evidence that you need to get.  

[lyndal1838]

You can quote Sale od Goods Act and paypal rules all you like but that is unlikely to carry any weight with paypal.

You need to find out where the parcel is, who signed for it....everything you can find out to present to paypal to persuade them to alter their decision.

[phorum_junkie*]

 my understanding is that Australia "sale of goods act" applies in this case

As you have purchased from the US then the Aus SGA has nothing to do with it, you have not purchased anything from Paypal except the services of their facility to pass money from you to the seller which they have done.

I have I think explained pretty clearly how you need to proceed but if you wish to make life difficult by goint down some different, unproven route then feel free.