Scammed on ebay and need help with next steps
Scammed on ebay and need help with next steps
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anonymous-user

Original Poster:

84 months

Thursday 21st March 2019
quotequote all
Hi Everyone,

First let me say that I am keeping some things a bit vague because for all I know this person could be a member of this board sadly (Better safe than sorry.)

So I sold an item on eBay. I sell the odd item that is surplus to requirement. very little going on.

1) I sold fully working, electrical item X to a buyer.
2) Buyers funds take ages to show up and as per eBay advice, item wasn't posted until the funds had cleared.In the meantime the buyer was hassling almost daily, telling me funds had cleared his side etc etc.
3) Once funds had cleared, I sent the parcel tracked, signed for, and extra insurance, Extremely well packed. I even sent photo evidence of tracking slip, letting him know it had been sent.
4) Fast forward 6 weeks, user is claiming he never received the parcel. Weird that... he goes from pestering daily to 6 weeks of no comms, just waiting for said parcel to turn up. He opened a dispute and now wants the money back.
5) In my reply to the dispute I sent both a copy of the post office slip, proof of delivery, including the signature of the person who signed for it (Him).
6) This morning I get an email telling me they have found in favor of the buyer.

I cannot see what more I could have actually done as a seller. I don't really care about the money so much, but how PayPal can be so moronic (it was paid via PayPal). I have all the proof.

Paypal say they wont reconsider unless there is additional evidence. What should be my next steps? I am thinking:

1) Police fraud report
2) Dispute it and stop the refund.
3) If required, small claims court against PayPal.

I think in future I will stick to selling it to CEX, ok prices may be a bit lower but it is safe. To my mind, with PROOF of sending and PROOF of delivery it should be blatantly obvious whats going on here.

They picked on the wrong person here thats for sure.

snake_oil

2,039 posts

105 months

Thursday 21st March 2019
quotequote all
Can I ask what PayPal said when you provided proof of receipt signed by the recipient?

stevensdrs

3,264 posts

230 months

Thursday 21st March 2019
quotequote all
1) Police fraud report
2) Dispute it and stop the refund.
3) If required, small claims court against PayPal.1) Police fraud report

1) Waste of time, they don't care.
2) Bad idea, they will come after you for the money.
3) If you have the evidence you would likely win a case but it won't be easy.


Option 4) Suck it up and never sell "electrical items" especially mobile phones on e-bay EVER.

coldel

11,130 posts

176 months

Thursday 21st March 2019
quotequote all
If you sent it special delivery and its signed for, and someone signed it and you have evidence, then you surely have a case with the Post Office to get some recompense? I would inform PayPal as you paid special delivery and have evidence of signature that you will refund once you get the refund from the post office for losing your parcel?

Unfortunately PayPal/ebay will always find in favour of buyer, regardless, and hope the small seller wont challenge the big corporate.

Ed.

2,176 posts

268 months

Thursday 21st March 2019
quotequote all
I know it's not much help but I have had the occasional courier sign for things that haven't been delivered, yodel or hermes.

That said the behaviour of the buyer suggests they has got it, I have a a few things around the house I want to sell but haven't for this reason.

okenemem

1,484 posts

224 months

Thursday 21st March 2019
quotequote all
Sorry to hear that, i dont understand how this is possible

NGee

2,953 posts

194 months

Thursday 21st March 2019
quotequote all
coldel said:
If you sent it special delivery and its signed for, and someone signed it and you have evidence, then you surely have a case with the Post Office to get some recompense?
Why? They have proof it was delivered.

coldel said:
I would inform PayPal as you paid special delivery and have evidence of signature that you will refund once you get the refund from the post office for losing your parcel?
Unfortunately it doesn't work like that, PayPal will deduct it from your account and refund it automatically, you have no say in it.


anonymous-user

Original Poster:

84 months

Thursday 21st March 2019
quotequote all
snake_oil said:
Can I ask what PayPal said when you provided proof of receipt signed by the recipient?
Nothing, they just said they found in favor of the buyer!

coldel

11,130 posts

176 months

Thursday 21st March 2019
quotequote all
NGee said:
coldel said:
If you sent it special delivery and its signed for, and someone signed it and you have evidence, then you surely have a case with the Post Office to get some recompense?
Why? They have proof it was delivered.

coldel said:
I would inform PayPal as you paid special delivery and have evidence of signature that you will refund once you get the refund from the post office for losing your parcel?
Unfortunately it doesn't work like that, PayPal will deduct it from your account and refund it automatically, you have no say in it.
Well exactly, so he cannot claim from PO because it was signed for, yet PP are saying being signed for isn't proof. OR that someone has stolen the item by fraudulently signing for the parcel, I would raise with the buyer and PayPal that you are opening a fraud case with the PO.

As far as I know, if your PayPal balance is zero PayPal cannot just withdraw the money without your permission as they do not have contractual authority to withdraw direct from your bank account - happy to be told otherwise but because PP and your bank account are linked, it does not allow PP to withdraw from your bank account.

anonymous-user

Original Poster:

84 months

Thursday 21st March 2019
quotequote all
As I mentioned, what is mega fishy is that he was hounding daily and then radio silence. Doesnt make sense. I wouldn't wait several weeks for a parcel that is sent next day.

NGee

2,953 posts

194 months

Thursday 21st March 2019
quotequote all
coldel said:
As far as I know, if your PayPal balance is zero PayPal cannot just withdraw the money without your permission as they do not have contractual authority to withdraw direct from your bank account - happy to be told otherwise but because PP and your bank account are linked, it does not allow PP to withdraw from your bank account.
Wrong - they can and they do!

pavarotti1980

6,343 posts

114 months

Thursday 21st March 2019
quotequote all
Can you counterclaim against the buyer?

snake_oil

2,039 posts

105 months

Thursday 21st March 2019
quotequote all
ChocyLint1 said:
snake_oil said:
Can I ask what PayPal said when you provided proof of receipt signed by the recipient?
Nothing, they just said they found in favor of the buyer!
Well, I am out of this thread. Sounds fishy.

0ddball

916 posts

169 months

Thursday 21st March 2019
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How many customers have eBay lost because of this st! I actually don't know anybody who still uses it to sell.

Funk

27,681 posts

239 months

Thursday 21st March 2019
quotequote all
stevensdrs said:
1) Police fraud report
2) Dispute it and stop the refund.
3) If required, small claims court against PayPal.1) Police fraud report

1) Waste of time, they don't care.
2) Bad idea, they will come after you for the money.
3) If you have the evidence you would likely win a case but it won't be easy.


Option 4) Suck it up and never sell "electrical items" especially mobile phones on e-bay EVER.
I would change option 4 to 'never sell ANYTHING on ebay EVER'. If you're (daft enough to be) selling on ebay start from the position of expecting to lose both your item and the money - any outcome other than that should be a nice surprise.

Bigends

6,158 posts

158 months

Thursday 21st March 2019
quotequote all
Action Fraud report and Police They may be able to tell whether or not theyve tried this on with others.

Edited by Bigends on Thursday 21st March 10:46

coldel

11,130 posts

176 months

Thursday 21st March 2019
quotequote all
NGee said:
coldel said:
As far as I know, if your PayPal balance is zero PayPal cannot just withdraw the money without your permission as they do not have contractual authority to withdraw direct from your bank account - happy to be told otherwise but because PP and your bank account are linked, it does not allow PP to withdraw from your bank account.
Wrong - they can and they do!
Would like to see how, I have never had it happen personally but a quick google brought up reputable financial sites saying they cannot.

Closest bit of info I can find https://www.paypal-community.com/t5/Refunds-and-ca...

https://forums.moneysavingexpert.com/showthread.ph...


Edited by coldel on Thursday 21st March 10:54


Edited by coldel on Thursday 21st March 10:57

Saleen836

12,503 posts

239 months

Thursday 21st March 2019
quotequote all
NGee said:
coldel said:
As far as I know, if your PayPal balance is zero PayPal cannot just withdraw the money without your permission as they do not have contractual authority to withdraw direct from your bank account - happy to be told otherwise but because PP and your bank account are linked, it does not allow PP to withdraw from your bank account.
Wrong - they can and they do!
When the case against me was found in favour of the buyer I had luckily removed card details from Paypal so my paypal account just went negative, they chased me for the funds but ended up losing and had to fund the loss themselves smile

coldel

11,130 posts

176 months

Thursday 21st March 2019
quotequote all
To be honest I would be going back to PayPal to dispute why signed special delivery evidence is not sufficient to show that the package arrived, especially as it was signed for by the person who is claiming to have no received it. I would be asking what evidence they would accept that a package was sent and received to find in favour of the seller? When you know, you can provide that evidence.

Terminator X

20,637 posts

234 months

Thursday 21st March 2019
quotequote all
Afaik paypal always / almost always side with the buyer hence the potential for scams here.

Did the person you sold to have good feedback? I'm guessing either no or no / very little feedback. Lesson learnt is don't sell to probable scammers next time imho.

TX.