Paypal or the CC company?
Discussion
Hi - I have a problem with a large well known retailer (stores & online).
I ordered an electrical item online 2 weeks ago, on a stated 14 day delivery. My account was immediately debited by a few hundred pounds (despite the email confirmation stating I would not be debited until the goods left the warehouse).
2 weeks later I have not heard anything, so contacted the retailer. It turns out the goods are being sourced from one of their suppliers, it's on backorder, and it "might" be in stock by January.
The retailer are currently "unable to process a refund or cancel the order" (they are trying to get hold of the supplier but failing), and are deaf to my complaint they should never have taken the money in the first place. They are also unconcerned with the fact I'm their customer, not their supplier's customer, and my contract is with them. Therefore they should cancel the order and refund me.
It's starting to look like my only option is to go through the bank to lodge a complaint and try to get my money back that way (this is a very large and very well respected retailer). However - I paid through paypal, who in turn took the money from my credit card.
So do I lodge the complaint through Paypal, do I lodge it through the CC company, or do I do both ??
Thanks for any advice
I ordered an electrical item online 2 weeks ago, on a stated 14 day delivery. My account was immediately debited by a few hundred pounds (despite the email confirmation stating I would not be debited until the goods left the warehouse).
2 weeks later I have not heard anything, so contacted the retailer. It turns out the goods are being sourced from one of their suppliers, it's on backorder, and it "might" be in stock by January.
The retailer are currently "unable to process a refund or cancel the order" (they are trying to get hold of the supplier but failing), and are deaf to my complaint they should never have taken the money in the first place. They are also unconcerned with the fact I'm their customer, not their supplier's customer, and my contract is with them. Therefore they should cancel the order and refund me.
It's starting to look like my only option is to go through the bank to lodge a complaint and try to get my money back that way (this is a very large and very well respected retailer). However - I paid through paypal, who in turn took the money from my credit card.
So do I lodge the complaint through Paypal, do I lodge it through the CC company, or do I do both ??
Thanks for any advice
If your PayPal transaction did NOT use your PayPal balance and instead took the money directly through your card, as your post suggests, then you can lodge a chargeback through your card. I deal with PayPal and we have received chargeback notifications from PayPal where the card issuer are disputing with PayPal - PayPal then forward the details of the dispute to us to resolve.
If you don't get far with PayPal (and I wouldn't be surprised if you don't) then I'd suggest this as the best option.
If you don't get far with PayPal (and I wouldn't be surprised if you don't) then I'd suggest this as the best option.
Thanks guys - lesson learnt, I won't use PP for large purchases again! You were right that it took the balance from my CC, but it was quite complicated.
In the end I didn't need to pursue that route - a friend took on the baton for me, had a discussion with the retailer, who ended up refunding me via their RMA process (despite never having received the item).
Real shame, as I liked to use this particular retailer due to the range of goods etc. and their reputation, but they've lost all my business moving forwards
In the end I didn't need to pursue that route - a friend took on the baton for me, had a discussion with the retailer, who ended up refunding me via their RMA process (despite never having received the item).
Real shame, as I liked to use this particular retailer due to the range of goods etc. and their reputation, but they've lost all my business moving forwards
I claimed back for a non delivery from PayPal, they agreed with me but could not refund me as the vendor did not have funds in their account.
So that was the end of the PayPal communication.
Took it up with the CC company, money was refunded within a few days after that. Oh, and an email from PayPal that they agreed with me (again), and had refunded the funds.
The original email from PayPal was enough for my CC company to refund me anyway and they would address it with PayPal.
So that was the end of the PayPal communication.
Took it up with the CC company, money was refunded within a few days after that. Oh, and an email from PayPal that they agreed with me (again), and had refunded the funds.
The original email from PayPal was enough for my CC company to refund me anyway and they would address it with PayPal.
menguin said:
If your PayPal transaction did NOT use your PayPal balance and instead took the money directly through your card, as your post suggests, then you can lodge a chargeback through your card. I deal with PayPal and we have received chargeback notifications from PayPal where the card issuer are disputing with PayPal - PayPal then forward the details of the dispute to us to resolve.
If you don't get far with PayPal (and I wouldn't be surprised if you don't) then I'd suggest this as the best option.
See this caveat - http://www.which.co.uk/consumer-rights/problem/can...If you don't get far with PayPal (and I wouldn't be surprised if you don't) then I'd suggest this as the best option.
Paid on credit card via PayPal
There are some transactions where the company that deals with your credit card payment is not the same as the one that provides the goods or service - such as Paypal. If you use your credit card to pay for something through PayPal and the funds go direct to the seller, then as long as the company you're buying from has a 'Commercial Entity Agreement' with Paypal you may still be able to claim under Section 75 for any misrepresentation or breach of contract. PayPal offers its own buyer protection scheme, called PayPal Buyer Protection, so it's worth checking if you'd be covered by that if you have a problem with your purchase.
It's a reasonable assumption that the 'large well known retailer' does have this in place.
However...
dreamer75 said:
The retailer are currently "unable to process a refund or cancel the order" (they are trying to get hold of the supplier but failing), and are deaf to my complaint they should never have taken the money in the first place. They are also unconcerned with the fact I'm their customer, not their supplier's customer, and my contract is with them. Therefore they should cancel the order and refund me.
The bit is bold is pure b
t. Before going down the credit card route remind the retailer of its legal obligations in respect of an online order.http://www.which.co.uk/consumer-rights/problem/can...
http://www.which.co.uk/consumer-rights/regulation/...
http://www.which.co.uk/consumer-rights/action/how-...
The OP should point out that if it fails to refund him it will be receiving a MCOL claim. Slam dunk win for him.
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