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Seller has my money, I have no goods!!

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  • 24-01-2010 4:55pm
    #1
    SpitfireIV
    Registered Users Posts: 4,504 ✭✭✭


    Can someone advise me on my rights/legal standing on this one please?

    Purchased an item from an Irish based seller back in September(!!), paid for said item. There was apparently an issue with a delivery of the items from his supplier overseas and the items were never delivered to him.

    Now, basically he has my money, since September and dispite numerous e-mails (to be honest I've had to chase him, he's done very little to keep me updated!!) I've been promised my refund on a few occasions; 'oh, you'll have it by the such a date' etc.

    I've given this seller MORE than the benefit of the doubth and given him ample time to pay up and been patient when, to be fair, I could have acted differently! But, at this stage I'm just severly fed up of the situation!

    Where do I stand? (oh, and the item I intended to purchase was perfectly legal, no issues in that regard and the seller is a well established, respected dealer (or so I thought), I just dont want to say what it is as its a specialised area with only a few sellers in the country).

    Thanks! :)


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    #2
    DiarmaidGNR
    Registered Users Posts: 382 ✭✭DiarmaidGNR


    How much money is involved?
    Do you know where they operate their business out of?
    Do you have paperwork showing the money transfer and proof of sale?


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    #3
    Prenderb
    Registered Users Posts: 1,560 ✭✭✭Prenderb


    If you have a receipt for payment, and the vendor can't prove delivery, I would be surprised if you weren't entitled to your money back as the vendor is in breach of contract. Small Claims Court maybe? Might be worth talking to a solicitor about your rights depending on the amount of money involved.


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    #4
    Miaireland
    Registered Users Posts: 4,065 ✭✭✭Miaireland


    Depending on the cost of the item it might be worth giving him a date (say 5 working days time) that you either want your goods or money and that going to the Small Claims Court.


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    #5
    SpitfireIV
    Registered Users Posts: 4,504 ✭✭✭SpitfireIV


    Hi, thanks for the info! :) The amount is €175, the credit card bill shows that this amount was taken from the card by the company via Paypal (obviously when I made the transaction), but, was never refunded when the order was officially cancelled (early November).

    I know where they are based, but I dont see why I should have to be at the expense of travel costs, due to a wrong doing on their behalf.


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    #6
    Trish2007
    Closed Accounts Posts: 208 ✭✭Trish2007


    Can you not get the money back through the credit card company?


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    #7
    DiarmaidGNR
    Registered Users Posts: 382 ✭✭DiarmaidGNR


    Easy fix!!!!!
    Good thing you used paypal! - You can use paypal resolution center!! It's a free feature of paypal, - it's like a middle man, it's how I got refunded numerous times because of bad sellers, and non-delivery of products!!!

    Good thing you paid with paypal!!! :D


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    #8
    SpitfireIV
    Registered Users Posts: 4,504 ✭✭✭SpitfireIV


    Thanks again guys, I'll certainly look into this Paypal resolution center! :)


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    #9
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    DiarmaidGNR wrote: »
    Easy fix!!!!!
    Good thing you used paypal! - You can use paypal resolution center!! It's a free feature of paypal, - it's like a middle man, it's how I got refunded numerous times because of bad sellers, and non-delivery of products!!!

    Good thing you paid with paypal!!! :D
    Pretty sure there's a time limit with the paypal resolution centre. I'd say pay the €25 for a small claims court case, and get your money (and then some) back that way. Mention to the company that you are going the small claims route: it may change their tone.


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    #10
    RoadKillTs
    Closed Accounts Posts: 1,710 ✭✭✭RoadKillTs


    Pretty sure there's a time limit with the paypal resolution centre. I'd say pay the €25 for a small claims court case, and get your money (and then some) back that way. Mention to the company that you are going the small claims route: it may change their tone.

    I'd open the Paypal case first. Create a case saying the item was never delivered. Paypal will ask the seller for tracking info and if they can't supply it (which they cant) you will get your money back.


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    #11
    ejmaztec
    Registered Users Posts: 24,078 ✭✭✭✭ejmaztec


    the_syco wrote: »
    Pretty sure there's a time limit with the paypal resolution centre. I'd say pay the €25 for a small claims court case, and get your money (and then some) back that way. Mention to the company that you are going the small claims route: it may change their tone.

    45 days from the date of payment, so the resolution centre's out the window.:(


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    #12
    RoadKillTs
    Closed Accounts Posts: 1,710 ✭✭✭RoadKillTs


    45 days from the date of payment, so the resolution centre's out the window

    Crap. Sorry OP. Small claims court it is then.


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    #13
    Gamesnash.ie: Pat
    Company Representative Posts: 2,957 ✭✭✭Gamesnash.ie: Pat


    HI OP,

    I know you have said the seller is a well established respected dealer etc but are they a registered business or was this a private sale between two parties ?


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    #14
    SpitfireIV
    Registered Users Posts: 4,504 ✭✭✭SpitfireIV


    RoadKillTs wrote: »
    I'd open the Paypal case first. Create a case saying the item was never delivered. Paypal will ask the seller for tracking info and if they can't supply it (which they cant) you will get your money back.

    Thanks, but...
    ejmaztec wrote: »
    45 days from the date of payment, so the resolution centre's out the window.:(

    ...feck :(
    RoadKillTs wrote: »
    Crap. Sorry OP. Small claims court it is then.

    Double feck! :(:(
    Gamesnash.ie (Pat) wrote: »
    HI OP,

    I know you have said the seller is a well established respected dealer etc but are they a registered business or was this a private sale between two parties ?

    Yep, they are a registered dealer and have been in business here about 3 year now and have a thread of there own on this site for reviews etc, although, up to this point I've refrained from leaving any negative comments on it. I emailed the seller on Friday, again, he apologised and said I'd have the payment by the weekend. Weekend ends very soon! Time to get serious tomorrow me thinks, no more 'Mr Doormat' :p


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    #15
    ejmaztec
    Registered Users Posts: 24,078 ✭✭✭✭ejmaztec


    CroppyBoy1798 wrote: »
    Thanks, but...



    ...feck :(



    Double feck! :(:(



    Yep, they are a registered dealer and have been in business here about 3 year now and have a thread of there own on this site for reviews etc, although, up to this point I've refrained from leaving any negative comments on it. I emailed the seller on Friday, again, he apologised and said I'd have the payment by the weekend. Weekend ends very soon! Time to get serious tomorrow me thinks, no more 'Mr Doormat' :p

    I hate Paypal and their one-sided rule system. I've had three or four cases in the resolution centre and never got a cent out of anyone.........and 45 days isn't long enough by far, the way things drag out.:mad:

    Good luck with tearing someone a new one.:pac:


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    #16
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    DiarmaidGNR wrote: »
    Good thing you paid with paypal!!! :D

    Paypal are one of the worst payment processors available. They have an utterly stupid 45 day limit on claims, and they don't allow people to use the charge back facility offered by credit cards. Anyone that does, usually gets their account closed.

    CroppyBoy1798, you may still be able to charge back, but given the time since the payment was made, it may not be possible. Try thew bank first, then file with the Small Claims Court. It only costs €15 anyway.


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    #17
    killbillvol2
    Registered Users Posts: 5,178 ✭✭✭killbillvol2


    CroppyBoy1798 wrote: »
    Yep, they are a registered dealer and have been in business here about 3 year now and have a thread of there own on this site for reviews etc, although, up to this point I've refrained from leaving any negative comments on it. I emailed the seller on Friday, again, he apologised and said I'd have the payment by the weekend. Weekend ends very soon! Time to get serious tomorrow me thinks, no more 'Mr Doormat' :p

    How much of a doormat are you going to allow them to make of you? Name and shame...you're being given the runaround since September ffs!


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    #18
    Gamesnash.ie: Pat
    Company Representative Posts: 2,957 ✭✭✭Gamesnash.ie: Pat


    CroppyBoy1798 wrote: »

    Yep, they are a registered dealer and have been in business here about 3 year now and have a thread of there own on this site for reviews etc, although, up to this point I've refrained from leaving any negative comments on it. I emailed the seller on Friday, again, he apologised and said I'd have the payment by the weekend. Weekend ends very soon! Time to get serious tomorrow me thinks, no more 'Mr Doormat' :p

    In that case I would certainly advise one final contact with them informing them that you will be taking a claim to the small claims court if the refund is not received immediately. I would also have no hesitation in describing your experiences in their feedback thread here.


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    #19
    RoadKillTs
    Closed Accounts Posts: 1,710 ✭✭✭RoadKillTs


    I would also have no hesitation in describing your experiences in their feedback thread here.

    Exactly, that's what it is there for.


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    #20
    jaffa20
    Registered Users Posts: 4,536 ✭✭✭jaffa20


    Get on the to disputes section of your credit card company if you have proof that the order was a cancelled in november and have emails to and from the seller, they can dispute it for you. Otherwise, a transaction can be only disputed 120 days for the transaction date so if it was done in september, you may be out of time and will need proof of that the order was cancelled in november.

    Paypal cannot do anything outside of 45 days and if the seller had no funds in the account, they couldn't have done anything anyway.


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