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Paypal wrongly refunded buyer

(10 Posts)
browniesnotfrownies Sun 04-Nov-12 23:50:36

Hello, this is my first post so I hope this is the right place for it!

To cut a very long story short, I need some advice regarding the sale of an item - I sold a pair of brand new shoes on ebay for £109, but the seller didn't pay for 4 days, by which point my son was unwell. I'm a single mother so I couldn't get to the post office. Then I caught the flu too, so it was a good week before I could post the item, but I kept the buyer updated throughout as I realised how frustrating the delay must have been for her (especially as she made me aware of this by bombarding me with rude emails). The day I posted them, she had opened a ebay case against me for non receipt of item. I messaged her to once again apologise and to explain that I had posted them (by Express 24, which cost double the listed postage). This time she replied very politely and said that her boyfriend had opened the case as she had used his Paypal account without asking (fraud?!) and he thought she was being ripped off (I have 360 100% positive feedback other than one unfair neutral, by the way). The tracking showed that the goods were received at 08.10 am the following morning, but I messaged her to double check that she was happy with the shoes. She didn't respond. I came down with another bug a few days later, so completely forgot about the case she'd opened and didn't receive any emails that paypal say they sent because presumably they went into the junk folder on the Hotmail account I use specifically for Ebay (I can't find them, anyway). On Friday I checked my Paypal account to transfer the money I'd been saving from ebay for my car insurance, to find that the £109 had been refunded to the buyer. I've never had to deal with claims against me before, so I was unaware that this would happen. I sort of assumed that as I'd posted the shoes, it would be fine. If I hadn't been feeling so horrific I probably wouldn't have been so naive! Two appeals later Paypal say that they're unable to return the money back to me because I didn't respond to the case within the correct time period. The buyer, obviously, is not bothering to respond to my (very polite considering the circumstances!) messages (she has definitely been online as she's left feedback for other sellers). I rang Paypal again today but the department I needed was closed, so I was told to ring back again tomorrow. I have a horrible feeling that they're still not going to do anything about this though, so I'm considering legal action. I'm essentially £180 out of pocket (original cost of shoes, plus postage, plus ebay and paypal fees etc) and I'm a young, lone parent with a minute income and a hell of a lot of outgoings, so I'm feeling pretty wounded and incredibly panicked as I need to pay around £1000 towards insuring and fixing my car this month, which is already going to be pretty tight as it is. Am I going to be able to open a Small Claims case, and if so, against whom? The buyer or Paypal?

Sorry for the long post (and lack of paragraphs!) but my head's in a muddle and I really need some help with this.

Thanks a lot in advance! x

2MumsAreBetterThan1 Sun 04-Nov-12 23:59:36

Sorry absolutely nothing you can do, Paypal have closed the case, if you had of given them the tracking number you would have been fine

Only option now is small claims court, you have buyers name and address after all.

fergoose Mon 05-Nov-12 08:01:28

Paypal cannot force the buyer to pay again - keep your proof of delivery and open a small claims case against the buyer.

First contact the buyer, give her 7 days to pay, and tell her if she doesn't pay you will take her to court for the money, plus any court costs incurred.

SavoyCabbage Mon 05-Nov-12 08:11:31

I agree with the others. She probably thought that you were messing her around. People are always saying they have to go to hospital and the like on ebay. I know you really weren't well.

Is she saying she hasn'yt got the shoes? Is that why paypal has refunded her or because it took so long to post them that they are not needed by her anymore?

fergoose Mon 05-Nov-12 08:16:55

she claimed not to receive them, and by the time they were received the seller didn't provide paypal with proof of delivery so automatically refunded the buyer

in future, as soon as an item is posted enter the tracking info into ebay on the item - then in future if there are any queries you have already given them the proof they need.

JackThePumpkinKing Mon 05-Nov-12 08:21:12

If something like this ever happens again, and you can't get to the post office then you're better off using a courier as they'll come and collect it, rather than waiting a week to post.

Did you put the tracking info on ebay when you'd sent the items?

browniesnotfrownies Mon 05-Nov-12 09:41:01

Thank you so much for your replies. Spoke to my mother this morning and she has calmed me down somewhat! I'm usually not so daft but I really was just so ill that ebay was the furthest thing from my mind! I've never had a case opened against me before, so I had no idea this could happen (yes, I know I should have read the T&Cs more thoroughly). She has simply not responded to my messages, which I'm not remotely surprised by. As Fergoose suggested I'm going to be sending a (tracked!) letter to make her aware of my intention to take her to Small Claims Court this week and then go from there. Thanks again.

JamNan Mon 05-Nov-12 11:27:09

And if you win the case make sure it's reported in her local newspaper. Cheeky bitch!

SavoyCabbage Mon 05-Nov-12 11:29:37

Did you check the tracking number to see if they have been delivered? Just in case they haven't?

lljkk Mon 05-Nov-12 11:42:31

It sucks and I think you've learnt some lessons the hard way. I'd be looking at threatening small claims court with the hope that she'll send them back. May I ask though, about costings...

109 sale price
11 Ebay FVF
1.10 (guessing listing fee)
15 (express delivery?)
< 5 Paypal fee

How does that add up to £180?

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