@macfemme
Lyndal is right - ACORN will still contact international authorities when it's an overseas seller against whom you have the complaint.
You're well and truly out of the timeframe for protection from either eBay or PayPal.
@macfemme wrote:
I had no reply so I emailed again. Then i called PayPal, they told me I had to email the seller again and wait for a response before they could do anything
You should never, never, NEVER have followed this advice. It's completely wrong. Do you have any evidence that you were given this advice from PayPal? If so, your right to PayPal Buyer Protection was effectively abrogated.
The trouble is that I suspect you don't have any evidence of this... and you took no further action during the time you were in hospital. If you have proof of your hospital stay, you could perhaps use that in a last rather desperate attempt to get PayPal to issue you with a courtesy refund. (I don't hold out a great deal of hope with this avenue, but $600 is a great deal of money to lose, so you may as well give it a try.)
Timeline and evidence
This is what you'd need to do. Note down the timeline, and have ready any evidence that supports what happened.
For example - your initial phone call with PayPal... did you make any notes about the call? Can you check your phone records for that date which proves you called PayPal on that date and shows the duration of the call? (Ask for reissued statement from your phone provider if you don't still have the paperwork. If you called from your mobile phone, take screenshot of the call details in your phone records.)
Your stay in hospital - you should have a discharge letter. If you don't still have that, contact the hospital and ask if you can have the admission and discharge information provided to you by letter. Ask for this to be provided urgently, because time's a-ticking.
Have the transaction details to hand. Also note the dates when you attempted to contact the seller.
As much evidence as possible - have it ALL ready.
Preparing for the call
Then... ensure you have an external recording device. (See this post, this post and this post.) Basically:
- don't use a recording device within the phone - illegal;
- always obtain permission at the start of recording the call;
- switch off the recording device if permission is not granted; and
- don't use the recording as an excuse not to take notes of the conversation.
Have your evidence beside you, and know exactly where everything is so that you can lay your hands on it swiftly.
If possible, prepare PDFs of the most important bits of evidence, so that you can upload them swiftly if asked to do so. (Many phone apps provide high quality scanning and conversion to PDF format.)
DURING THE CALL
State of mind and tone of voice
Be calm. If you're agitated, you can't argue effectively, and you'll miss key points.
Be polite. If you're not, you will put off the rep with whom you're speaking, and you will be less likely to achieve your desired outcome.
Offer evidence throughout the call in support of the issue/s, the timeline, and what you were told.
If you are asked to provide evidence, do so immediately.
Very politely and nicely, state that - given the fact that you were misinformed at the time when PayPal's Buyer Protection period was valid for the transaction - a recourse that you understand is still open to you is to make a complaint against PayPal to the Australian Financial Complaints Authority (AFCA). Please note that wherever advice formerly referred to the Financial Ombudsman (FOS), it's now AFCA. Don't make this a nya nya nya threat; you're merely letting PayPal know that you are aware of the proper channels for making a complaint where a customer is not satisfied in respect with a financial institution. If it makes PayPal more inclined to issue a refund, that is of course a desirable result.
Be prepared to repeat key pieces of information and statements several times. Don't get frustrated. Repeat, repeat, repeat, without a hint of annoyance. You are aiming to get the PayPal rep to agree with you on certain key points, and that is a process in itself.
Note-taking
Take proper notes. Basically:
- note the time and date of the call;
- note the name of the person with whom you are speaking;
- note the substance of the call as you proceed (probably in point form or just a few words);
- summarise the main points verbally (succinctly) as the call draws to an end;
- ensure that the person with whom you're speaking confirms the summary points;
- confirm the decision/agreement/outcome and ensure that the rep agrees with your statement;
- give a timeframe on any decision or outcome that is to be forthcoming (e.g., "I will look forward to receiving your decision about whether or not to issue me with a full refund, by no later than xxx, after which time, if I've received no decision, I will then follow up with the AFCA") - and make sure that timeframe is neither stretched out unreasonably, nor too short a period;
- ask for confirmation in writing of the decision/agreement/outcome (by email); and
- note time of end of call.
AFTER THE CALL
No matter what the outcome, make a report to ACORN.
Adhere to the timeframe, but prepare for a "Thank you for your patience. Unfortunately we will not be issuing you with a refund" decision.
The instant the time is up, make a complaint with AFCA. You should have everything ready to go forward with your complaint, including the fact that a timeframe for a response was agreed upon, and that the decision was no (if that's the case).
Hope, pray, and have a glass of good red, or a cup of dark rich coffee or aromatic tea.
If neither PayPal nor AFCA provide a satisfactory outcome, this will have been an expensive lesson. For the future, it is my strict policy (and that of many others on these boards) not to buy phones on eBay, but to only purchase such items from the manufacturer or authorised Australian seller. See this thread for details.
