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URGENT - Need Advice with Paypal

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Hi everyone, I need some advice asap please. I bought a mobile off ebay for £115 start of June, when it came it had no headphones like advertised, was clearly used when they said it was new and had an… Read More
Bryan839 Avatar
9y, 11m agoPosted 9 years, 11 months ago
Hi everyone, I need some advice asap please. I bought a mobile off ebay for £115 start of June, when it came it had no headphones like advertised, was clearly used when they said it was new and had an unofficial charger that wasnt charging it. After a week of no replies from the seller, I opened a paypal dispute and asked for a refund, well today I had an email off paypal to say the claim had been closed and I have now got £115 in my paypal account, but paypal has said I dont have to send the phone back. It seems a little strange to me. Any advice?

Do I have to do anything else, strange that I have got my refund and the item still with me.
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Bryan839 Avatar
9y, 11m agoPosted 9 years, 11 months ago
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#1
i'd keep it and say thanks lol. you got the phone and your money back, although i must admit its strange
#2
I recieved this email.

----------------------------------------
We have concluded our investigation into your case and have decided in your
favour.

We were able to recover 115.00 GBP, and this amount has been credited to
you. Please allow five business days for this adjustment to be posted.

If you are due any additional funds, we will make our best effort to
recover the balance from the seller.
No further action is required by you at this time.

-------------------------------------
#3
shanecr
i'd keep it and say thanks lol. you got the phone and your money back, although i must admit its strange


yep it is strange. It just made me little worried.
#4
They will have had no reply back from the seller and will have debited their account most likely,hence why they aren't bovvered
#5
daveyA
They will have had no reply back from the seller and will have debited their account most likely,hence why they aren't bovvered


So I dont have to do anything, sorry Im just the worrying type. So I have got my money back and the phone, its the sellers fault in the first place isnt it, because he sold me a phone that wasnt new and came with no headphones and wrong charger.

:-(
[mod]#6
Personally i would ask the seller to cover the costs of postage and return the phone. :thumbsup:

Put yourself in his shoes and think how you would feel. I know it was wrong for him to ignore you but to be a phone and £115 short is harsh.
#7
Contact him tell him to pay the return postage and send it back to him. You shouldnt keep it like that as thats theft. I know he's not been honest about the condition, but its not fare.

Send him a letter by recorded delivery (its only about 80p) telling him to send you a cheque for return postage and the money for sending the letter and you will return it to him. Give him 28 days to reply, if he doesnt then I'd keep it.

If push comes to shove he could ring the police and report you for stealing his phone and you'd have them knocking on your door. They would be nothing you could do.

By sending a letter you are covering yourself, as its proof youve tried to sort it out.
#8
apduk
Contact him tell him to pay the return postage and send it back to him. You shouldnt keep it like that as thats theft. I know he's not been honest about the condition, but its not fare.

Send him a letter by recorded delivery (its only about 80p) telling him to send you a cheque for return postage and the money for sending the letter and you will return it to him. Give him 28 days to reply, if he doesnt then I'd keep it.

If push comes to shove he could ring the police and report you for stealing his phone and you'd have them knocking on your door. They would be nothing you could do.

By sending a letter you are covering yourself, as its proof youve tried to sort it out.


Thanks, good idea, this has really got me worried now, I didnt mean for it to go this far. I am going to email him, and just return the paypal money to him. Seems the easiest option now, and I dont mind the phone, I only wanted a partial refund anyway, so I could buy official headphones and charger. :-(
#9
Also if paypal has decided in my favour would it be classed as theft, as really I have done nothing wrong, I have just told paypal and they decided the outcome. :-( :-(
#10
Paypal only give you 10 days to respond to a dispute, the seller could have been on Holiday or have 'other' things going on that stopped them replying to it.
Have you tried to phone him?
Sending it back should only cost around £5 Special Delivery.
You cannot refund a refund and if you send it back as a 'send money' it could cause problems for both of you later.
I'd phone him and see what he says.
#11
Bryan839
Also if paypal has decided in my favour would it be classed as theft, as really I have done nothing wrong, I have just told paypal and they decided the outcome. :-( :-(

Deciding in your favour was 'easy' for Paypal because the seller obviously did not respond to the dispute.
The Mobile is not yours because you have been refunded, in full. You CANNOT keep it unless the Seller has said you can.
#12
apduk
Contact him tell him to pay the return postage and send it back to him. You shouldnt keep it like that as thats theft. I know he's not been honest about the condition, but its not fare.

Send him a letter by recorded delivery (its only about 80p) telling him to send you a cheque for return postage and the money for sending the letter and you will return it to him. Give him 28 days to reply, if he doesnt then I'd keep it.

If push comes to shove he could ring the police and report you for stealing his phone and you'd have them knocking on your door. They would be nothing you could do.

By sending a letter you are covering yourself, as its proof youve tried to sort it out.


That is.. wrong.

He won't get done for theft! To be convicted for theft you have to dishonestly appropriate goods with an intention to permanantly deprive the owner.

He wasn't dishonest in the least. Good title for the goods passed to him. Goods weren't as described so paypal refunded (as it is in essence breach of contract, goods not as described). He should NOT post the phone back - why should you be out of pokcet because a seller didn't do what they were contractually bound to do, or even bother to communicate to explain their failure.
it.
The phones yours, the £115 is yours. Just buy yourself a new charger for
it, and move on. Think of the refund as compensation - you did pay for the item, so the phone is yours.
#13
seancampbell
That is.. wrong.

He won't get done for theft! To be convicted for theft you have to dishonestly appropriate goods with an intention to permanantly deprive the owner.

He wasn't dishonest in the least. Good title for the goods passed to him. Goods weren't as described so paypal refunded (as it is in essence breach of contract, goods not as described). He should NOT post the phone back - why should you be out of pokcet because a seller didn't do what they were contractually bound to do, or even bother to communicate to explain their failure.
it.
The phones yours, the £115 is yours. Just buy yourself a new charger for
it, and move on. Think of the refund as compensation - you did pay for the item, so the phone is yours.

You do know your 'stuff' Sean, but I think it's morally wrong. Who knows why the Seller did not respond?
#14
seancampbell
That is.. wrong.

He won't get done for theft! To be convicted for theft you have to dishonestly appropriate goods with an intention to permanantly deprive the owner.

He wasn't dishonest in the least. Good title for the goods passed to him. Goods weren't as described so paypal refunded (as it is in essence breach of contract, goods not as described). He should NOT post the phone back - why should you be out of pokcet because a seller didn't do what they were contractually bound to do, or even bother to communicate to explain their failure.
it.
The phones yours, the £115 is yours. Just buy yourself a new charger for
it, and move on. Think of the refund as compensation - you did pay for the item, so the phone is yours.


Thanks sean, this is really worrying me, never been so worried, your comment has made me feel a little better, thanks.

He has been online in the last 10 days aswell, because he has sold things on his ebay account.
#15
Morally? Sure, if your nice give it back, but it wasn't particularly moral to send 2nd goods with unofficial nonworking charger/headphones when it was stated as new, that clearly wasn't a mistake. I personally don't see how it's moral to be out of pocked for someone elses ineptitude. It's a case of can Bryan live with being £115 up or would he prefer to return himself to the precontractual position (or possibly worse if seller won't cover postage).

Personally I'd either keep it (and immediately flog the phone so he can't bar the IMEI) or offer him the chance to collect it (either in person or by courier) within 10 working days or so.
#16
I have emailed the seller, from his ebay activity I can see that he has been online within the last 10 days, so I will give him 10 days again to see if he responds.
#17
Bryan839
Thanks sean, this is really worrying me, never been so worried, your comment has made me feel a little better, thanks.

He has been online in the last 10 days aswell, because he has sold things on his ebay account.


No reason not to respond to a dispute if he has been online (though it couldn't be a case of auctions ending.. he has definitely been listing within the last 10 days right?). If he wanted it back he should have been in contact by now.
#18
[SIZE=1]I'd still phone him, but hey, that's just me.[/SIZE]
[SIZE=1]Contact Information:-[/SIZE]
http://search.ebay.co.uk/_W0QQtZvbQQsofindtypeZ9
#19
ok kep the phone and money m8 .... just save the email from paypal sayin that you dont have to send the phone back . this will cover you back if anything cum about it .

(Pls note if you put a dispute with paypal and say that you get a phone and its fooked or bits missin bits ete then paypal will take the cash back off the seller and give it back ti you. this one of the way that people scams you thou paypal . ive had it done and its goin to court in Aug)


Paypal and ebay r CRAP ! .... Three words DONT use them !
#20
id keep it too, he hasnt contacted you as he prob knows he is in the wrong anyway, is there nothing 'dodgy' about his phones anyway? dont worry, its NOT YOUR FAULT!!!!
#21
Interesting that they just refunded you and not requested for you to send it back by trackable means,obviously the seller didn't respond back to the dispute at all then.
I had a problem a few mths ago I sent out an item,buyer swapped it over,they paid by Paypal declared item wasn't as described,they had to send it back to me ( buyers cost to send it back ) by trackable means,which they put the tracking number in dispute so Paypal can check when I have received or should I say being awkward and not bothering to collect if I'm not in etc.
I had to acknowledge it being received and had to refund.

Like eBay to an extent,don't always like how way things run at times and Paypal is the buyers friend never the seller.

Infact had a problem with eBay today,actually been on going since last week,buyer not in for parcel,they say they not had card through door,I have tracked it,sent them the info and told them to collect it asap from their local mail office but they too lazy to bother going for it. They keep making excuses that card not left ( thats cos they got no intention going for it anyway ) as they keep harrassing me to send out another or refund as they can't be bothered going for it seems to me.
I guess it make its way back to me as got my details on,again if you bothered about losing a fiver or whatever,always make sure you send you parcels by trackable means,too many people out there wanting a freebie at our expense.
#22
hocka
id keep it too, he hasnt contacted you as he prob knows he is in the wrong anyway, is there nothing 'dodgy' about his phones anyway? dont worry, its NOT YOUR FAULT!!!!


Thanks, I emailed him as soon as I got the phone and wasnt happy, and he didnt reply, so then made a dispute which paypal decided in my favour, so it isnt really my fault.
#23
dinosteveus
You do know your 'stuff' Sean, but I think it's morally wrong. Who knows why the Seller did not respond?


I'd agree, I wouldn't keep the phone unless this guy had actually scammed others. (like not selling goods as described), He could've made a mistake and hasn't had the chance to respond.
#24
It it were me I would email the guy, telling him I want to send the phone back now I have been refunded. I'd box up the phone and no longer see it as mine. If he doesn't respond by the end of the month it's coming back out of the box and I am keeping it.
#25
Personnaly i'd keep the phone but as you have done, email the seller and give them a chance to send you enough money to cover the posting of the item back (make sure its insured in case they get funny).

Sounds like a dodgy seller to me, but give them the benefit of the doubt whilst still looking after no1.

If he is a honest seller that messed up - then its good karma for you.

If he's a dodgy seller - then well done! you beat the bad guys for once!
#26
wraithchild
Personnaly i'd keep the phone but as you have done, email the seller and give them a chance to send you enough money to cover the posting of the item back (make sure its insured in case they get funny).

Sounds like a dodgy seller to me, but give them the benefit of the doubt whilst still looking after no1.

If he is a honest seller that messed up - then its good karma for you.

If he's a dodgy seller - then well done! you beat the bad guys for once!


Yep thats what I have decided to do. thanks for your help. I was (still am) a bit worried, but at the end of the day it isnt my fault, I told him about the problem the day I got the phone so its been a month. I am going to give him another 10 days to get back to me, if he doesnt get back to me then Im going to forget about it and keep the phone and money, because at the end of the day, he shouldnt have advertised a brand new phone that was well used. I even emailed him before I bought the phone to confirm it was new and he told me the phone was one week old, and perfect condition.
#27
Personally I would be worried about comeback (i.e brick through the window) especially if the seller was a bit dishonest in the first place by lying about his description etc, he will no doubt be annoyed now and may have even been on holiday when Ebay contacted him about the dispute so might not have had a chance to respond to the dispute.

I would send the seller an email offering to send the phone back to him at his expense (he can either send you a pre paid envelope or paypal you the postage).
#28
Money Spinning
Personally I would be worried about comeback (i.e brick through the window)


OMG Are you serious, please dont worry me like this. :-( :-( :-( :-(
[mod]#29
Bryan839
OMG Are you serious, please dont worry me like this. :-( :-( :-( :-(


That sort of thing is very rare Bryan......don't worry.


You are doing the right thing IMO contacting him as i'm sure if it was to happen to someone here they'd be posting "I've been scammed" but then sounds like they're happy for someone else to lose out.
#30
Bryan839
OMG Are you serious, please dont worry me like this. :-( :-( :-( :-(


Won't happen if you at least make the effort to give him the chance to get his phone back, very unlikely even if you keep the phone, didn't mean to worry you but if he's a dishonest type then there's a chance but like I said if you at least give him the chance to get his phone back (on your terms, i.e he pays postage) then something like that definitely won't happen.
#31
Money Spinning
Won't happen if you at least make the effort to give him the chance to get his phone back, very unlikely even if you keep the phone, didn't mean to worry you but if he's a dishonest type then there's a chance but like I said if you at least give him the chance to get his phone back (on your terms, i.e he pays postage) then something like that definitely won't happen.


Oh ok then, thanks, I worry so much see.

- A very worried Bryan
#32
If he hasnt bothered to email you, then he wont bother with anything else..

He's probably leaving you with the phone so you dont leave negative feedback and then he can scam more people...

I really wouldnt worry! you've been more than fair! :)
#33
wraithchild
If he hasnt bothered to email you, then he wont bother with anything else..

He's probably leaving you with the phone so you dont leave negative feedback and then he can scam more people...

I really wouldnt worry! you've been more than fair! :)


Thank you. I couldnt sleep last night for ages worrying about it. I guess your right, he hasnt emailed me back, and it was a month.
#34
He still hasnt emailed me back. I think im going to leave it now.
#35
Bryan839
He still hasnt emailed me back. I think im going to leave it now.

Very strange.
Did you phone or text him?
I suppose it's up to you now, keep it or keep it :giggle:
#36
dinosteveus
Very strange.
Did you phone or text him?
I suppose it's up to you now, keep it or keep it :giggle:


I got his details from ebay but the number is a mobile number that doesnt work. The paypal dispute was opened ages ago now. He would have got in touch but he hasnt. really strange.
#37
Bryan839
I got his details from ebay but the number is a mobile number that doesnt work. The paypal dispute was opened ages ago now. He would have got in touch but he hasnt. really strange.

Maybe the silence is a sign of acceptance of you keeping it :whistling:
#38
Mattitude
Maybe the silence is a sign of acceptance of you keeping it :whistling:


lol. Yep I am going to keep it now, at the end of the day he sold goods that were significantly different to that described. Thanks everyone.

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