Need Advice Regarding Paypal Dispute EDIT: Case appealed (read comment)

Hi all,

Now I understand why so many people have been complaining about Paypal's buyer protection policy…

A case opened against me on Paypal (the first in ten years) has just gone in the Buyer's favour. Therefore, the case is closed and the Senior representative I spoke with was unwilling to help based on the following reasons.

  1. I received a message via Ebay, from the Buyer, saying that she would open the case and that she was sure it would go in her favour. In this message, she made a subtle threat (which was agreed upon by a Paypal employee I spoke to last week over the phone) implying (in a roundabout way) that my account could be closed if I didn't comply. I contacted Paypal to voice my concerns and I was asked to send a copy of that correspondence, which I did.

  2. She lied to Paypal, saying that I instructed her to contact them but I did not.

  3. I believe she lied to me saying that she didn't think Paypal would recover the money from me.

  4. She admitted in the message that she ascertained that the vases broke whilst in transit and that it was not my fault.

  5. I contacted Paypal saying that I've never had a problem in ten years sending fragile items and that I always pay for Insurance when I buy something fragile and she should have to. I stated that I can't personally travel with the item (in this case to the U.S.) to safeguard the package.

  6. I was then sent an email from Paypal (apparently automated although the case was clearly under review) saying that she had to send the vases back to me within ten days and if they reached me in the same condition she received them in, she would be reimbursed. Note, she bought them via Seamail, so doing this would mean she would be out of pocket because she would have to send them via Airmail to reach me in time.

  7. I then received an Ebay message from the Buyer saying she had thrown the item away and asked me if she could send me an empty box and lie to Paypal and say that I received the item, so she could be reimbursed. Hilarious.

  8. I called Paypal about this and was told by an employee that there was an update and that they had received the same information (about the discarded item) and that there was a 99.9% chance the case would go in my favour. I was asked to send a copy of that correspondence, as well, which I did. I was led to believe it would be pertinent.

  9. I wake up today to discover that the case had gone in the Buyer's favour.

  10. I proceed to call Paypal to find out why and was told they had received photos of the item and that since the item was broken it could not be sent back to me. They already knew it was broken before, though, when they made the dicision to have her return the package. (Interestingly, the first thing they told me is to contact Aus Post to get compensated which is exactly what the Buyer had suggested I do in a previous message to me - it's almost like she was manipulatively prompting them).

  11. I explain to Paypal that they sent an email saying she had to return the item and that an actual employee had reiterated that and the Supervisor said they changed their mind and they had every right to do so. Their reasoning was it was too difficult to send back broken pieces of pottery (forgetting the fact that they were already aware that she'd thrown them away).

  12. I explained that that the messages I received from the Buyer should indicate what sort of person I was dealing with and was then told that I need not have ever sent those messages in which she was making subtle threats, was patronising me and the other message where she asked me to lie to Paypal; that it was not "valid proof" (even though they were sent to me via Ebay).

  13. I'm basically pleading on the phone for assistance but am just told that the initial decision to make the Buyer send back the item (which apparently is part of the Buyer Protection Policy) is meaningless. That Paypal can basically do whatever they want.

  14. I'm told I can escalate it by contacting the ACCC and it was suggested I call Australia Post to make a claim, so I could be reimbursed, as well.

  15. I contact ACCC but they are too busy to accept my call.

  16. I contact Aus Post and ask about making a claim. They say I need to bring them the item so they can make an assessment. I then explain that the Buyer threw away the item and am told there is nothing they can do.

  17. I call Paypal back and speak to the same Supervisor who reiterates that the decision was final and to escalate if I wanted to via ACCC or a similar legal avenue. I am told in no uncertain terms that have "their own legal team" who will answer any such challenge.

Is there anything I can do? I'd greatly appreciate any help and if anything, I hope people see just how ludicrous Paypal and Ebay have become.

Cheers

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Comments

  • +4

    financial ombudsman submit all evidence and should be taken care of. Paypal are a joke.

    • Thank you, and yes, now I get why so many people have lost respect for them.

  • +4

    Moral of the story: don't sell items (especially fragile ones) to overseas.

    • I package items very well. It must have been treated very carelessly. Still, I won't be sending fragile items overseas any more, and certainly not via Seamail.

  • +2

    I think paypal has misled you to ACCC. Lodge a complaint with FOS.

    • Yes, it appears that way. Thank you for your advice. I'm in the process of initiating a dispute with FOS.

    • P.S. I was told by FOS that Paypal are a member of their organisation, so the Supervisor should have directed me to them.

  • +1

    Lodge a complaint with FOS immediately.

    • Thank you. I am in the process of doing so.

  • +1

    After reading your long story, your case is unwinnable. If the buyer raise an ebay dispute then you would've had to pay for the return shipping.
    Your only chance of getting your money back from paypal is with the FOS.

    • Thank you for your advice, it's much appreciated.

  • +1

    Paypal has become a joke, they dont even try to maintain a modicum of fairness. They almost always find for the buyer except in extreme cases. Obviously the buyer knew how to manipulate the system, and the employees at paypal are too stupid too see that or worse still couldnt care less.

    • Exactly. I appreciate your comment and support. Thank you.

  • +1

    I have stopped using paypal just for this reason (terms and conditions that are not very clear).
    But many small business who use Ebay just done have an alternative I think.
    Is it possible to complain against paypal to ACCC?

    • I don't ever want to use Paypal ever again. I'll try to call ACCC when I have the time to call them back.

  • How much was the item?

    • About $200. I have just had a bucket-load of expenses for school and had to get a new car key, which cost $450 to replace. $200 is not a huge amount, I suppose, but I think it's enough to warrant a serious complaint.

  • Hang on - looks like the buyer protection is working as it is supposed to here.

    As a buyer, she purchased goods - they arrived broken. She is entitled to get her money back.
    In this case, you, as a seller, need to rely on the insurance you've taken out against the item being broken in transit. It's not her problem re: buying insurance - it's yours, as you are the seller (and therefore it's your responsibility to make sure it gets there in one piece).

    • Thanks for your comment.

  • Did you get to see a photo of the broken items? I can't imagine that a genuine complainer would just toss these before a finalisation of the case.

    • Yes, I did. I noticed the box was quite damaged clearly showing it had been mishandled. Thanks for your comment.

  • She's got the vase (likely unbroken) made up BS that it's broken and now she has her money back is my bet, good job PayPal 🙏🏻

    • -1

      Did you not read the thread? There were photos of the broken vase.

      • -2

        Yes, photos submitted to PayPal which the OP would not have seen. Are you that gullible? I'm just letting you know that was a rhetorical question because you don't seem too bright

    • A photo of what appears to be the actual vases was sent to me. Thanks for your comment.

  • dude, i really hope that you handled the dispute a little more coherently than you did this post. your argumentation is quite hard to follow. for example, you failed to even mention what the dispute was a about until #4.

    as for redress, yes, there is something you can do: take civil action against paypal. you need to print out all the terms of service and go through it with a fine-toothed comb and work out what your complaint will be.

    as others have suggested, another approach would be via the FOS. i would hazard a guess and say that take that approach would me more likely to succeed: the stricter the regulations, the more opportunity there is for paypal to have not complied with its regulatory obligations.

    recommendation: formally request from paypal, under the privacy act, a copy all telephone recordings that paypal may hold of you and customer support. do that in writing, and don't mention anything about the dispute.

    also, don't contact the ACCC. ACCC is for "bigger picture" stuff.

    • I don't think it was necessary to state the specifics right away, "Advice regarding dispute" is sufficient, and not doing so doesn't make my post incoherent. The only thing that can be characterised as incoherent in my post is the amount of numbered points I include based on the reason I outlined. The last few points should've been placed in a separate concluding paragraph. Thanks for your comment, though.

  • +4

    UPDATE: I contacted Paypal a couple of days ago, when I had an hour to spare, and sought to request a written reply to my complaint (as per FOS dispute process requirements). My first request had been seemingly ignored. I decided to ask for a Supervisor, in the spur of the moment, in an attempt to try to resolve the matter without going through FOS. I was very apprehensive but calm.

    It turns out the previous Supervisor badly mishandled the case and the way she treated me. Additionally, she blatantly lied about my not being able to appeal the decision via Paypal.

    I proceeded to initiate an appeal on the grounds that I did not have a chance to prove my packaging methods were sufficient and that the first email I received from Paypal, in which I was informed the buyer would need to return the package (broken vase and all), was still valid.

    This second Supervisor was extremely helpful and was shocked at the way I was treated (which must've played a part in the appeal, I assume).

    Two days later, the previous decision was overturned and I was credited the amount.

    My faith in Paypal has been restored.

    I guess sometimes it's just a matter of luck in regards to who you speak to.

    Thanks to everyone for their comments.

    • Good to hear it worked out for you in the end

      • Thank you very much.

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