Section 75 PayPal credit card and car significantly not as described

[Yellowmgb]

A quick update. PayPal credit have now responded to my e mail.

[FONT='Helvetica Neue', Helvetica, Tahoma, Geneva, Arial, sans-serif]‘Thank you for your response.[/FONT]

[FONT='Helvetica Neue', Helvetica, Tahoma, Geneva, Arial, sans-serif]I would like to apologise if I gave you the impression that I did not understand your complaint concerning the Section 75 of the Consumer Credit Act 1974.[/FONT]

[FONT='Helvetica Neue', Helvetica, Tahoma, Geneva, Arial, sans-serif]We performed a thorough investigation before sending the outcome of this claim taking into consideration all the information provided on your account. Furthermore, I have just completed a new review of this claim. Whilst I appreciate your new explanation of this claim, unfortunately, I must reiterate that this decision will not be revoked.[/FONT]

[FONT='Helvetica Neue', Helvetica, Tahoma, Geneva, Arial, sans-serif]In order to open a new investigation, we need further documentation to confirm that the item was misrepresented on eBay; hence, we kindly asked you to provide us with any sales document or contract.[/FONT]

[FONT='Helvetica Neue', Helvetica, Tahoma, Geneva, Arial, sans-serif]I realise this is not the response that you were hoping for and I regret any inconvenience that this issue has caused.[/FONT]

[FONT='Helvetica Neue', Helvetica, Tahoma, Geneva, Arial, sans-serif]Should you have any further queries please do not hesitate to contact us’[/FONT]


They obvioulsy have the original ebay listing so I can’t understand what else they are asking for. I am still waiting a response from the FOS. Will update again when I’ve heard from them.

[R0b]

Sorry I am struggling to read the above, can you edit or re-post without all of the code?

[Yellowmgb]

A quick update. PayPal credit have now responded to my e mail:

‘I would like to apologise if I gave you the impression that I did not understand your complaint concerning the Section 75 of the Consumer Credit Act 1974.

We performed a thorough investigation before sending the outcome of this claim taking into consideration all the information provided on your account. Furthermore, I have just completed a new review of this claim. Whilst I appreciate your new explanation of this claim, unfortunately, I must reiterate that this decision will not be revoked.

In order to open a new investigation, we need further documentation to confirm that the item was misrepresented on eBay; hence, we kindly asked you to provide us with any sales document or contract.

I realise this is not the response that you were hoping for and I regret any inconvenience that this issue has caused.

Should you have any further queries please do not hesitate to contact us’’


They obviously have the original ebay listing so I can’t understand what else they are asking for. I have written back to them with yet another copy of the original ebay listing and I asked them to clarify why they can see no evidence of misrepresentation on the advert. I copied and pasted the relevant section of ebay’s own terms and conditions and their definition of misdescribed. I also included copies of correspondence with the seller in which he admitted to having misdescribed the condition of the panels and body in the advert. To me it seems clear cut. He said the body and panels were new and rust free, I have an experts report saying they are not and he now admits
that they are not too.

I am still waiting a response from the FOS. Will update again when I’ve heard from them. I chased them on Friday and it seems that they have a backlog with their IT department uploading documents. I was advised to call again on Monday and if they were not on the system by then then they could upload them again without risking a duplicate complaint which might and slow things down further.

[Yellowmgb]

I have spoken to the Financial Ombudsman this morning and they have confimrmed that they have received the documents relating to my complaint. I will await their decision. My understanding is that a complaint to them is more straightforward at this stage than trying to take the seller and PayPal credit to the small claims court?

[R0b]

Just sit tight then and wait for the FOS to get back to you on this. PayPal appear to be messing around and/or causing delays in the hope of going away, or alternatively whoever is looking at your file sounds like they don't really have a clue and needs to take a common sense approach.

Small claims can take up to 6 months on average from start to finish and sometimes longer depending on the which Court your claim is allocated to and how busy they are. The FOS is free and they look at what is fair and reasonable, but they do have a habit of finding in favour with creditors on a lot of things so it could really go either way for you. IF you are not happy with their decision then you are entitled to pursue PayPal through the Courts if that is what you wish to do so long as you don't sign any paperwork that accepts the decision of the FOS otherwise it becomes legally binding.

Equally, if the FOS does find in your favour and you are happy with their decision then you should really consider signing the paperwork to accepting their decision because PayPal are then legally bound to comply. If they don't you can submit an application to the Court 'rubber stamping' that decision into a Court Order and then they must comply or you can take enforcement action such as sending in the bailiffs which would be quite embarrassing for them.

[Yellowmgb]

I have heard today from the Financial Ombudsman. They have upheld my complaint. They have asked that PayPal refund me the full purchase price and also for the consequential losses incurred - namely the collection, inspection and storage of the shell. They have also asked PayPal to pay me £75 for the ‘distress and inconvenience they’ve caused me’
I am hugely grateful for the advice that I’ve received on this site. I felt at times like I was banging my head against a brick wall in dealing with PayPal so to have someone else look at it and offer impartial advice was brilliant.
Thankyou again.

[R0b]

Congratulations on the win, would it possible to upload the Ombudsman's decision or alternatively by private message? I assume the Ombudsman has removed personal details on the decision and referenced Mr X or Mrs Y, but it would be helpful in the future for those who may have come across a similar issue with yourself to reference this decision to ensure consistency which is not something you always get with the FOS.

Finally, if you haven't done so already, the FOS should send you through a letter to say that a decision has been made and to return and complete the form that says you accept the Ombudsman's decision or you reject it - usually you have 14 days or so to do this. If you want to accept the decision make sure you do because it becomes legally binding. If you don't the FOS might take your non-reply as a rejection and you won't be able to enforce their decision, you would have to issue legal proceedings.

If you've not received anything, it won't hurt to respond to the FOS by email to confirm that you have accepted their decision. That way there is unequivocal evidence of this.