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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13372
Experience:  Solicitor
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Item advertised on Facebook bought with PayPal not as

Customer Question

Item advertised on Facebook bought with PayPal not as described. I ordered a shaver and received a cheap white plastic epilator which I obviously can't shave with. PayPal have denied my claim for full refund despite their buyer protection guideline stating full refund if item does not arrive or is not as described. Can I make a civil court claim>
JA: Where is this? And just to clarify, when was the purchase made?
Customer: Ordered shaver from facebook advert 04/05/19. Received epilator 18/05/19. Paid $31.96. Don't understand where is this.
JA: What steps have you taken so far?
Customer: I opened a dispute with PayPal which I escalated 25/05/19. The seller ignored my e-mail but PayPal notified me that they had had contact with the seller. They then sent a message saying my claim had been denied. Up to now I have sent 5 reply messages to PayPal explaining the item sent is not as described. I've also asked if they have changed their PayPal buyer protection guideline to only offering a full refund if the item ordered is not received. My last message stated that they are sorry I didn't get the outcome I would have liked but they would bear it in mind for future reference.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Company House states that Storm Media Ltd were dissolved in 06/12/2016.
Submitted: 3 months ago.
Category: Law
Expert:  Jamie-Law replied 3 months ago.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 3 months ago.

Do you have details of the seller?

Customer: replied 3 months ago.
Storm Media Ltd ***@******.*** In 2016 Company director Peter,Robert,James Sayer I also have address if needed.
Expert:  Jamie-Law replied 3 months ago.

You need to write a letter, set out your losses and request a refund within 14 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 14 days warning before going to Court.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.