Desperate help required please...

[DCASTLE]

Hi All

I am not sure if this is the right section to post my question. If not, please forgive me.

I am in a great desperate for some help/advice please...

I have had a problem with an online purchase here. I mentioned it on a different online forum before but I still haven't managed to resolve the issue, so I hope if I post the issue here, someone out there can point me to a right direction.

Cut the long story short, I bought some print materials from an online printer back in November 2013. I paid the printer by PayPal and the total amount was £202.01. The printer did not supply what I ordered, in the end I could not use the print materials, so I contacted the printer to make a complaint and demanded for a full refund, but the printer refused to give me a full refund.

I contacted PayPal to make a claim. As the items/order that I received were significantly not as described (SNAD), so I thought I could get a full refund via PayPal. PayPal told me they would not accept my claim despite the fact that the items were SNAD. PayPal argued the items were custom-made, so I was not covered by the Buyer Protection Policy. I tried so many times to explain to PayPal that my case was an exception – if I have received what I ordered from the printer, then I can understand why I am not covered, but the truth is I did not receive what I ordered. Therefore, what makes the print materials (custom-made items) different to non-custom-made items? PayPal made its final decision for not to issue me any refund.

I started searching on the internet to see if there was an alternative way for me to claim for the full refund. I came across the WHICH website talking about the Section 75 Consumer Credit Act. WHICH says I could still make a claim to the credit card company even the transaction was made via PayPal – as long as the company I am buying from has a 'Commercial Entity Agreement' with Paypal I may still be able to claim under Section 75 for any misrepresentation or breach of contract. So I wrote to the credit card company to make a claim. And today, I received a response back to say the transaction 'breaks the debtor/creditor/supplier relations and as a result the Bank cannot be liable under s.75'.

I have totally lost my words here. It has been 4 months now and I still have not been able to resolve the issue...

In such situation, could someone please tell me what I can do to get my full refund back from the dodgy printer?

Many thanks in advance!

[Amethyst]

Re: Desperate help required please...

I think possibly the claim may be being confused, between non receipt and not as described, I know I'm not sure.

1) You ordered some custom print items (for example Business Cards)

2) They were described as for example Custom Printed Leather Trim High Gloss Holographic Print Business Cards

3) You received Business Cards printed as requested, but on Plain Matt Card.


Is that the right sort of thing that's happened ?

[DCASTLE]

Re: Desperate help required please...

Sorry for not giving the details in depth...

I ordered 100 A5 booklets at the end of November 2013. The booklets were required to be posted to overseas by the end of the first week in December 2013. The printer delivered the order late to start with, then after I received the booklets and prepared them for posting, I discovered there were only 87 booklets supplied to me. As I needed to post the booklets out in 2 days, there is no way I could complete the task. So I told the printer I would not be able to meet the deadline and I would reject the whole order for a full refund.

Many people already asked why I did not just use those 87 booklets anyway. The fact is, how could I work out which 87 recipients I should post the booklets to? And also I ordered 100 booklets so I should have received 100 booklets, not less.

Basically, the SNAD is related to the missing quantity which is 13% of the total order.

Many thanks