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PostPosted: Thu Aug 16, 2012 8:00 am 
Old School Grand Master
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Location: Fircombe.
sylus wrote:
As mentioned...unless your paypal payments are linked to a credit card then yes your fubard and your only recourse is name and shame

It won't help your situation but might warn others

How does this help? Has anyone actually tried reclaiming from their Credit card provider after buying via paypal gift?
No, I thought not...


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PostPosted: Thu Aug 16, 2012 8:09 am 
Old School Grand Master

Joined: Sun Jun 27, 2010 9:37 am
Posts: 3976
the whole cc thing is a nightmare to claim from. has to be a transaction over £75 iirc and pretty sure doesn't cover private sales of second hand goods. you would have to prove the item is faulty too which may involve an independent check.


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PostPosted: Thu Aug 16, 2012 8:19 am 
Retro Guru
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Tazio wrote:
This is why the feedback system on here should be used on every transaction. I always leave people feedback on a good transaction and hope they do the same for me. I also have a habit of not buying of people without any feedback or a low post count.


There in lies some of the problem, often we see name and shame threads yet no mention of the bad sale in the feed back forum.
Feed back needs to swing both ways and not just the good, it needs to be an honest review of the deal, otherwise it's useless.


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PostPosted: Thu Aug 16, 2012 8:30 am 
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NAILTRAIL96 wrote:
Tazio wrote:
This is why the feedback system on here should be used on every transaction. I always leave people feedback on a good transaction and hope they do the same for me. I also have a habit of not buying of people without any feedback or a low post count.


There in lies some of the problem, often we see name and shame threads yet no mention of the bad sale in the feed back forum.
Feed back needs to swing both ways and not just the good, it needs to be an honest review of the deal, otherwise it's useless.


So true! If a deal goes tits up people tend not to leave any feedback rather than risk it all kicking off.
... And lets face it, it would! :lol:


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 Post subject:
PostPosted: Thu Aug 16, 2012 8:45 am 
retrobike rider / Gold Trader
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Midlife wrote:
Isn't paypal gift just that.....giving someone something as a gift like a present. Like giving someone money as a birthday present.

AFAIK in law I'm not sure if it constitutes "consideration" for the purposes of a contract either...........

I think you have lost it :(

Shaun


In contract law once a gift has be received by the recipient then it cannot be recovered by the giver. You could try and threaten him with raising the issue with Paypal by exposing his use of paypal gift for sales....which avoids fees and which Paypal will not approve of (although you are just as culpable as you agreed to it)....but otherwise i would name & shame.....it's just bad form on his part.....

Oh, or you could plead that you did not have the legal capacity to transfer part of your estate to anyone at the time of the transaction due to insanity....if you can prove it :D


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PostPosted: Thu Aug 16, 2012 9:00 am 
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Drewson wrote:
Midlife wrote:
Isn't paypal gift just that.....giving someone something as a gift like a present. Like giving someone money as a birthday present.

AFAIK in law I'm not sure if it constitutes "consideration" for the purposes of a contract either...........

I think you have lost it :(

Shaun


In contract law once a gift has be received by the recipient then it cannot be recovered by the giver. You could try and threaten him with raising the issue with Paypal by exposing his use of paypal gift for sales....which avoids fees and which Paypal will not approve of (although you are just as culpable as you agreed to it)....but otherwise i would name & shame.....it's just bad form on his part.....

Oh, or you could plead that you did not have the legal capacity to transfer part of your estate to anyone at the time of the transaction due to insanity....if you can prove it :D


And if you can prove it...


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PostPosted: Thu Aug 16, 2012 12:41 pm 
retrobike rider / Gold Trader
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suburbanreuben wrote:
Drewson wrote:
Midlife wrote:
Isn't paypal gift just that.....giving someone something as a gift like a present. Like giving someone money as a birthday present.

AFAIK in law I'm not sure if it constitutes "consideration" for the purposes of a contract either...........

I think you have lost it :(

Shaun


In contract law once a gift has be received by the recipient then it cannot be recovered by the giver. You could try and threaten him with raising the issue with Paypal by exposing his use of paypal gift for sales....which avoids fees and which Paypal will not approve of (although you are just as culpable as you agreed to it)....but otherwise i would name & shame.....it's just bad form on his part.....

Oh, or you could plead that you did not have the legal capacity to transfer part of your estate to anyone at the time of the transaction due to insanity....if you can prove it :D


And if you can prove it...


Then the recipient may be legally required to return the gift....


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 Post subject:
PostPosted: Thu Aug 16, 2012 6:17 pm 
Retro Guru
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Joined: Sun Oct 14, 2007 12:31 pm
Posts: 669
Location: The Far East
Drewson wrote:
suburbanreuben wrote:
Drewson wrote:
Midlife wrote:
Isn't paypal gift just that.....giving someone something as a gift like a present. Like giving someone money as a birthday present.

AFAIK in law I'm not sure if it constitutes "consideration" for the purposes of a contract either...........

I think you have lost it :(

Shaun


In contract law once a gift has be received by the recipient then it cannot be recovered by the giver. You could try and threaten him with raising the issue with Paypal by exposing his use of paypal gift for sales....which avoids fees and which Paypal will not approve of (although you are just as culpable as you agreed to it)....but otherwise i would name & shame.....it's just bad form on his part.....

Oh, or you could plead that you did not have the legal capacity to transfer part of your estate to anyone at the time of the transaction due to insanity....if you can prove it :D


And if you can prove it...


Then the recipient may be legally required to return the gift....


Well i a have already asked him to provide his details so i can return the goods for a refund but hes ignoring my messages !


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 Post subject:
PostPosted: Tue Aug 21, 2012 8:16 am 
Retro Guru
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Joined: Sun Oct 14, 2007 12:31 pm
Posts: 669
Location: The Far East
UPDATE

No reply to my messages fromme to the seller so i have contacted my Credit Card company to dispute the transaction , will see how things go from here .


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 Post subject:
PostPosted: Tue Aug 21, 2012 8:47 am 
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Joined: Fri Sep 05, 2008 10:34 pm
Posts: 1513
Believe it or not, you are also covered (even on 2nd hand, private sales), by the sales of goods act.
If it is not as described, he is breaking the law.....


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