Ebay/Paypal CC Fiasco, should I simple sue?

[QuiteHopeful]

Ebay/Paypal CC Fiasco, should I simply sue?

What is the name of your state? VA (Arlington)

Hi,

In Dec. 2004 I purchased a ring on ebay and paid ($203.85) via paypal by credit card (JCPenney MC owned by GE). The seller (who lives in Mooresville, NC) had several excuses for not sending the item timely (surgery, "it was returned", etc.). The item was not as described, but by that time, the deadlines for complaints were missed. I emailed the seller, who led me to believe she would refund my money. I returned the ring and have delivery comfirmation from the USPS.

Well, no refund. And my credit card company won't do a chargeback because they say I have to live within 100 miles of where I made the purchase if the purchase was not made in my home state. I made the purchase in my house via the computer which is in my home state! [Although on my recent billing statement they do say the amount is in dispute. Phone calls to them are useless as I believe the calls are routed to India. Naturally, JCPenney & GE have lost a customer, who plans to tell her friends the whole story.]

Today I see the ebay seller has the ring back up for sale (after all these months), so I emailed her saying she should expect a small claims complaint.

Is suing my only option and do I need to sue in NC? I never heard of the 100-mile rule and believe it is inappropriate for internet purchases. They also claim that Paypal is the vendor and I need to recover from them.

Your advice is appreciated.

Thank you.

QuiteHopeful

P.S. This is a 2nd posting, I have no idea how the other one got closed (must be the newbie "doh" factor).

 

[pojo2]

Why are you blaming everyone but yourself?

If I had a JCPenney MC your post would not upset me at all because I would have read my terms and know about the 100 mile limit if that is indeed the stated limit. You were in one place and the seller in another when you ordered. Same as if you had used the telephone.

So sue the person if that is what you want to do but if you recover through the CC company then you will have to return the funds to the seller or he/she in turn will sue you for the return.

 

[janedoe23]

I agree with pojo it's ALL YOUR FAULT!

It's your fault also that you didn't get what you paid for and didn't get it in a timely manner.

GIMMIE A BREAK!!!!

Now for REAL advice. You can take this seller to small claims court in his state. In my opinion if you are willing to do that the item has to be worth more than what you paid because you can't recover traveling expenses and you can almost bet you will need to travel more than once.

Send the seller a certified, restricted letter stating your requests or your intentions. Sometimes thats all it takes to get the seller to act.

Oh and BTW, I have never heard of the 100 mile rule especially coming from an MC. You might want to refer to your cc terms.

 

[electronics4u]

As a JCP employee, I am sorry that this happened, but I do not see how JCP would be responsible for your loss. You could always file a claim with Paypal...did you try that...as a seller on Ebay...it does happen and Paypal has pretty strict rules that could help you out.