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My rights...
Posted: Wed Jul 05, 2017 9:13 am
by Timbo
I bought a second hand unused carbon fibre horncast on Facebook via PayPal . It was described in a messenger conversation as being mint. Some of the screw holes are completely out of sync and it was impossible to fix the horncast to leg shields and then fit horngrill.I tried an Ali and black plastic. The seller, a scooterist, told me he had dry fitted it. He reluctantly agreed to reimburse me and I sent the horncast back. All this is recorded in messenger and I have saved this conversation. Plus have numerous photographs. Over a week has gone by and he's not refunded my money or responding to messages. I have not threatened or said I would name and shame......yet

......so can I start a complaint via PayPal? Any other advice. Tim
Would Scootering Mag like to do a front page article....

Re: My rights...
Posted: Wed Jul 05, 2017 9:23 am
by bristolmod
I don't think Paypal can help Tim- its just a transaction method. And it wasn't via Ebay so no protection there. Suggest a formal letter requesting reimbursement within 7 days or send Ronnie and Reggie round...............
Re: My rights...
Posted: Wed Jul 05, 2017 9:38 am
by GeorgeS
I think if you use Friends and Family option in PayPal you have no recourse, it's only available on Goods and Services.
Sent from my SM-G920F using Tapatalk
Re: My rights...
Posted: Wed Jul 05, 2017 11:31 am
by chippy
Surely you have some comeback as it's not fit for purpose. Say you will take it to small claims court, that usually quickens payment up.
Re: My rights...
Posted: Wed Jul 05, 2017 1:58 pm
by compass
If all else fails...use this template ...best way to handle small claims
[Your address]
[Supplier's address]
Dear
Reference: [a single sentence summing up your claim]
As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.
[Provide a summary of the facts of the dispute]
From you I am claiming [state what you want from the party you are claiming from]
I have calculated this sum [state how you have calculated the amount being claimed]
Listed below are the documents on which I intend to rely in my claim against you:
- In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:
- I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.
I would invite you to put forward any proposals in this regard.
[Alternatively you can set out details of any ADR scheme that you are prepared to use]
In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.
I look forward to hearing from you within the next 28 days.
Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.
Yours faithfully,
If he does not respond , then the the choice is yours to take further through small claims (cost is apprx £30, however you claim that as well)
Above is the letter that is needed to show that you have done everything possible to reclaim your money. Dont forget recorded delivery, can be claimed back later.
Bit of work doing the above, but more often than not it looks like you know what you are doing
Good luck and let us all know how you get on, if no success , it will have to be Ronnie & Reggie 
Re: My rights...
Posted: Wed Jul 05, 2017 2:41 pm
by bristolmod
alternatively if the guy is reasonably local, I can send round Mrs Bristolmod.......she sure scares the s**t out of me.
Chris
Re: My rights...
Posted: Wed Jul 05, 2017 4:41 pm
by mick1
Although PayPal was used did the money come from a debit/credit card ? If was paid via Visa or MasterCard you have 28 days in which to claim your money back through them.........
Re: My rights...
Posted: Wed Jul 05, 2017 5:41 pm
by Timbo
Thanks for the replies guys and the letter. Mrs Bristolmod is on her way there as we speak...

Re: My rights...
Posted: Thu Jul 06, 2017 8:34 am
by fluff34567
Had a similar issue with a known lambretta dealer. . PayPal useless so refund via my credit card as dealer decided to ignore all communication.
Re: My rights...
Posted: Thu Jul 06, 2017 4:25 pm
by coaster
I paid for a used front rack for my son's PX which I saw on FB, scabby fecker took my money (he'd asked for paypal gift

). Never received the rack and he disappeared off FB. That is the only bad experience I've had buying from FB adds though tbh.