The online item I bought was defective. Paypal won't help. What recourse do I have? Can I sue?

Moosey

I am assuming you have tried to contact her to tell her? If paypal is affiliated with them, they shoudld at least be helping.

By the way, BBB isn't going to help. I can almost guarantee that. They might post her company on their profille as undisputed companies, but that's about it.

gandolphus

Where did you buy it?

coolbeanie27

Write to her and state that you returned the item and ask her to refund your money. Go from there ...if she refuses...contact the Better Business Bureau and see if they will intervene. Even if she is initially resilent to refunding your money she will most likely co-operate once she is contacted by the BBB.
In future purchases ...make sure you understand the terms of the purchase before you buy.

ButtSnap

All you can do is chalk it up as a learning experience and close your paypal account. If you sue your only evidence is a tracking number which does not prove what was sent, only that something was sent and who it was sent to. She could very well come to court with a brick and say that's what was in the box and counter sue for court costs, lawyer fees, time from work, emotional distress, etc...

volleyballchick

There is an old saying,

Let the buyer beware.

Unfortunately, there aren't the most ethical people doing business in this world, and you may have run into one of those people right now.

The only thing I can suggest is taking all of your information to the US Postal Service. If there is any sort of fraud they may be able to help. I would think that even though it wasn't carried by the Postal Service, they have some sort of jurisdiction, with fraud over state lines. I believe that turns it into a federal crime.

Find out if the person that you purchased/returned the time to received the item back. From there, with that proof, I would think you could procede with some sort of complaint.

Sorry.

writenimage

If she is claiming that she never recieved the return, and you have the UPS paper work to show she did recieve it, then I think you do have a case. Problem is, it would be a small claims case. And in small claims court, even if the ruleing is in your favor, there is no enforcement of payment. I would keep trying to deal directly with the company. tell her you have proof it was delivered back to her. If that doesnt work, tell her you are consulting a lawyer. But other than that, i don't think there is anything else you can do, unless you want to spend alot more than the 400 you have allready lost.

jetskichick25

So you returned the item and she didn't give you credit? Am I understanding you correctly? Yea, paypal is $ H I T!! I hate them, they take your money and never help when you need it. Call the better business bureau if you have her business name. Maybe you can get her in trouble is she's got a business name but isn't registered properly.

Mandi

You can make a file in a small claims court in your county, and/or hire an attorney to handle it for you, but it may not be worth the $400.00. Good luck!

gouldgirl2002

Check with your state's Secretary of State Office, that is where company's incorporation information is. If registered, there will be a "Registered Service Agent," which is that company's attorney. That information also with Secy of State's office. The Registered Service Agent is who you serve the papers on if you sue.

If not registered, you're ool.

My Policies Caused The Calapse

Too bad you did not use the mail service. It would be returnable if you used the USPS. That is why everything you see on TV has a 30 day money back return policy. Considered mail fraud.

Forget about what everyone says about small claims. Have to make that small claims lawsuit in the county you purchased it from. You would have to travel 2000 miles to just file the lawsuit.

CONSIDER THIS ANSWER
Paypal has a lip service only arbitration process where they renounce the guilty and provide sorry words for the righteous.

Go to your Yahoo! search engine and type in your state name and then type in Consumer Protection Agency. You can fill out an online complaint form in about ten or fifteen minutes. From your description, you should complain about the merchant who sold you the defective goods. Also, complain about Paypal who has a defective arbitration system where you are only guaranteed money if the merchant has money in their Paypal account. That's not a guarantee of anything, least of all a guarantee on your buyer security.

Suing in small claims court in your county is an option. But if you also sue Paypal like that, be prepared for a venue challenge. I read about people who sued Paypal for similar issues and amounts, and there was some sort Paypal challenge to venue that most judges don't buy. Still, you have to state the reasons why you find it bogus. Essentially, you e-signed a form contract or contract of adhesion. Consider that you may have to take a day off work too. You'll get your cash and your filing fees, but not the day's pay or your vacation day back.

Best Bet: File the online consumer protection agency form in your state. Throw everything in there, even the kitchen sink. Breach of contract, defective product, bad faith, fraud, unfair, unconscionable, false advertising, mail fraud, deceptive practices, phone home, live long and prosper, Yo Joe, go ahead make my day.

David L

Did you buy it through eBay? You can contact them for help. You shouldn't have returned the item until the seller assured you that you would get a refund. Have you even contacted the seller?

You can do a small claims lawsuit, but being in different states, the courts wouldn't really consider your case.

What is the name of the place, so we stay away??????

jays_mom

If you didn't purchase insurance maybe not...but also try to resolve the issue with her first.

badbill1941

Try contacting the person you purchased the item from for a response.

Henry VIII

Is it pay pal's fault that you got a bad deal? You need to go after the seller. If you purchase through Ebay than you should know that they have an arbitration arena. If you don't wish to arbitrate your dispute with the seller you are stuck. There is an old Latin phrase "CAVIAT EMPTOR" which means buyer beware. Just be careful when you buy especially on something like Ebay.

rec girl

You can file a complaint, but most likely they will tell you it is a civil matter. I would let as many people know what a crook they are. Take out a full page ad in their local paper!

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