QuiteHopeful
Junior Member
What is the name of your state? VA (Arlington)
Hi,
In Dec. 2004 I purchased a ring on ebay and paid via paypal by credit card (JCPenney MC owned by GE). The seller (who lives in Moorehead, 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
Hi,
In Dec. 2004 I purchased a ring on ebay and paid via paypal by credit card (JCPenney MC owned by GE). The seller (who lives in Moorehead, 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
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