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Hello I wonder if you can help. I bought some new boots on a buy it now from a business seller on ebay, the day they arrived I went to town and walked in them for an hour and received 2 large blisters on my heels. I sent a message to the seller advising them of this, saying they are not fit for purpose and that I want to return them under distance selling regs.
The seller replied 2 days later advising they need to speak to their manager and asking for photos of any defect. I advised there is a mark on the side but thats not the reason I want to return, I want to return under 7 day distance selling regs and explained I will be returning them the next day via Hermes tracked delivery.
I did this and received a message from the seller 2 days later advising they are refusing a refund, I then did a claim direct through Paypal (not Ebay) who refused it a couple of days later in an email saying I had not sent tracking details. I rang Paypal saying they had not asked me for tracking details and sent them a screenshot of the Hermes tracking with address included etc. I checked my email today and there was an automatic paypal email saying that the payment for my boots purchase is being made today. I logged in to Paypal and see the case was closed the same day I uploaded the screenshot but I hadn't received an email from Paypal to let me know. I rang Paypal today who stuck to the point that the screenshot is not acceptable they needed the posting receipt with the address on. I explained that the Hermes posting receipt does not have an address on it like Royal Mail receipts do. The Paypal operative said its not acceptable then, so i asked him why I should be penalized for using Hermes instead of Royal Mail. He put me on hold and then came back to say that the screenshot I provided is acceptable but the case is still closed in favour of seller because I had worn the boots and they are not in the condition I received them. Paypal do not enforce the distance seller regs or as he put it they do not enforce uk law. I asked the Paypal operative to ask the seller to return the boots to me, which he said they can do but the seller is not obliged to do so.
I also asked him why I had not received an email saying they closed the case 29 Oct he said that an email was sent so when I explained I have not received it, he sent it again, and its the one saying that is not granted due to no tracking info being received which is untrue. So bit puzzed by that also.
I cannot do a chargeback as payment went direct from my bank account (which I regret now).
Is there anything I can do, I am unhappy as the seller has the boots and my payment. I was thinking of drafting a letter before action to Paypal and the seller but not sure what to put and is there any point do you think?
The seller replied 2 days later advising they need to speak to their manager and asking for photos of any defect. I advised there is a mark on the side but thats not the reason I want to return, I want to return under 7 day distance selling regs and explained I will be returning them the next day via Hermes tracked delivery.
I did this and received a message from the seller 2 days later advising they are refusing a refund, I then did a claim direct through Paypal (not Ebay) who refused it a couple of days later in an email saying I had not sent tracking details. I rang Paypal saying they had not asked me for tracking details and sent them a screenshot of the Hermes tracking with address included etc. I checked my email today and there was an automatic paypal email saying that the payment for my boots purchase is being made today. I logged in to Paypal and see the case was closed the same day I uploaded the screenshot but I hadn't received an email from Paypal to let me know. I rang Paypal today who stuck to the point that the screenshot is not acceptable they needed the posting receipt with the address on. I explained that the Hermes posting receipt does not have an address on it like Royal Mail receipts do. The Paypal operative said its not acceptable then, so i asked him why I should be penalized for using Hermes instead of Royal Mail. He put me on hold and then came back to say that the screenshot I provided is acceptable but the case is still closed in favour of seller because I had worn the boots and they are not in the condition I received them. Paypal do not enforce the distance seller regs or as he put it they do not enforce uk law. I asked the Paypal operative to ask the seller to return the boots to me, which he said they can do but the seller is not obliged to do so.
I also asked him why I had not received an email saying they closed the case 29 Oct he said that an email was sent so when I explained I have not received it, he sent it again, and its the one saying that is not granted due to no tracking info being received which is untrue. So bit puzzed by that also.
I cannot do a chargeback as payment went direct from my bank account (which I regret now).
Is there anything I can do, I am unhappy as the seller has the boots and my payment. I was thinking of drafting a letter before action to Paypal and the seller but not sure what to put and is there any point do you think?
to return the boots, as you suggest
Am told it's a good sign
msl:
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