How on earth can Paypal decide against me ???

[LaurieFairyCake]

I bought a necklace described as rare Art Nouveau listed under the period Victorian 1895-1910 for more than 100 quid.

It arrives, it's clearly modern, I take it to a jeweller to confirm it. He says it's silver, modern, worth about 15 quid.

I raise a dispute as seller won't accept it back. She responds to case saying she was sold it in the 80's as art nouveau.

Paypal decide after a month that the discrepancy was minor so the transaction stands.

What do I do now?

I was going to get the jeweller to write a report - but the cost was £50.

I thought that seeing as the seller refused to provide their address after saying 'Returns accepted' on the listing would be enough.

Not a business seller. I don't see a problem with posting an actual link to the auction - it's her that screwed me not the other way round

Do you think that would be ok?

That way you can all see I'm not insane and that it is listed in Antiques/the right period etc etc.

Ebay Description/link

Sorry about bad feedback advice

Listen to Fergoose as she is the expert here!

Ask around other jewellers. They won't all charge that much. Did paypal ask you for a report? If so provide one with your appeal and it might go through.

Try your bank we bought a coffee machine and it never turned up but you're covered with your debit card too

Fergoose - I will definitely ask Paypal for her address. I tried googling the phone number and her name and didn't get anything.

Ok try her name and London - also the phone number will give you the area code of london.

anyway - regardless of jewelery reports etc, distance selling regulations. You have the right to return an item for a refund regardless. I think you should tell paypal they have made an error. Why on auctions does it say buyer protection, you are covered if those words mean nothing.

Tell paypal whoever closed your case did so in error and you want to complain about that person as they are not following the buyer protection rules. Then mention the financial services authority and trading standards.

This really is a joke. I feel for you.

What a nightmare! It winds me up no end the way people on Ebay get away with calling things "Vintage" or "antique" when to anyone with a modicum of experence they're obviousl repro. That necklace has a modern clasp....and fair enough, you didn't know how to tell that....but Paypal have a duty to protect people and they are not!

I hope this gets fixed. If that woman gets away with this, it's going to send the wrong message to other rip-off merchants.

I agree - how do people like that sleep at night. Is just plain dishonesty and lying just for a few quid.

I thought that you can appeal decisions made under the Resolution centre

i don't know, but can you report/threaten to report to police as fraud of some kind?
she has basically gained your money via deception... it might be worth looking into

Well even if she believed it to be real, that's not your problem is it? I cannot believe that PayPal has closed your claim - as fergoose says, under Distance Selling Regulations you are entitled to your money back.

Don't know if this link is any use: www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/Situationsthatcanchangeyourconsumerrights/DG_194925

You are NOT going to believe what Paypal said to me:

1. That because she didn't describe it as 'antique' or 'vintage' in the listing then I have no comeback. The fact she listed it under Victorian/Art Nouveau in the Ebay category means nothing.

1. That 'Returns Accepted' also means nothing as the 'seller can change her mind'.

1. That they don't have to give me her address because of 'data protection' and unless I get the small claims court or the police to ask for it they won't give it to me.

The call centre advisor said that I could 'appeal' the case and that she would open that for me as there is NO button for you to do it.

I'm still waiting for the status to update that says it is re-opened.

This means that anyone can list anything under any category, say they will accept returns and then send you what amounts to a Monsoon necklace in the post instead of an antique one

bloody hell! did you mention the fsa?

Yes and I don't think she knew what that meant as she didn't respond.

I actually think I'm going to have to call back as it's not been reopened and she said she had done it.

but she did describe is as art nouveau and put it in that category

I think you need to phone to speak to someone else!

The seller can't change her mind! You've entered into a contract based on what she states in her eBay advert. She cannot change the conditions retrospectively. I would take legal advice, can you find some no win no fee solicitor prepared to take it on? It's such a load of bollocks I would go the distance on this for principle sake alone. for you.

God that's awful

If it's listed under vintage and is described as 'rare' then that is 'as described'? What a load of crap. So their categories count for nothing?

Does it count as fraud? Not sure but if it was, could you file a police complaint?

In any case, give her really shit feedback, like

"This woman is a lying beotch"

so on that basis I could go to argos and buy some cheap dross, and list it as vintage jewelery and the buyer has no comeback whatsoever?! Am flabbergasted to be honest.

Here you are - FSA complaint form here

www.financial-ombudsman.org.uk/consumer/complaints.htm

Also note that the seller in responding in the case notes said it was original Art Nouveau from 1910 and a jeweller had 'confirmed that to her in the 80's when she bought it'.

So the seller IS saying it's Art nouveau.