PayPal Dispute with OzBargainer - Anything I Can Do?

update Shung has posted my full name and all our texts: https://ibb.co/3pmzcDR

Hi guys anyone know what I can do in this instance?

Sold a laptop on ozbargain via paypal. The buyer kept it for a month then told me the fan is too noisy

He has now lodged a complaint with PayPal that the item wasn't as described and PayPal is siding with them

PayPal said even if the buyer is lying or committing fraud there's no protection for sellers. They told me I would win the case and now they are saying they made a mistake…

One of the staff said I need to receive the item back then lodge a counter claim saying they didn't send it back in good condition… Wtf?

I have all the texts emails and photos where the buyer admits lying. PayPal said they cannot review any information unless it's from the buyer.

The special HP warranty I gave the buyer also let's hp go to his office or home and fix or replace on site for free. No cost and no delays.

.——————-
Hi Mark,

I finally started up the laptop last night and spent a couple of hours setting it up. Unfortunately I could not come to terms with the loud noise from the ventilating fan and as exaggerating as it sounds, it gives me a headache everytime I hear the noise.

Would it be possible for me to return the laptop? I will of course be happy to bear the cost of shipping the laptop back to you and am only seeking the refund of $1600 and nothing more.

I really wanted it to work and I am sorry.

Shung

Hi there Shung, that's strange are you running it in high performance mode? And have you done all the windows and Lenovo updates. It was sent in factory reset mode so there is a lot of updates.

The warranty is very good HP will come to your home or work for free and fix or repair or replace as need be if there is a problem with the fan. It should be quiet unless gaming or in high performance mode. Happy to call HP for you if it helps or find the warranty number and pass it to you. If you're still unhappy after they visit you, they should be able to replace it with a new one.

I'm just at work at the moment but let me know later how I can help :)

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Comments

    • Happy to provide it in writing from HP if you like?

      • +4

        Then why did you say a used laptop was new and never used when you could have just sold a new laptop and avoided this in the first place?

        • I guess we have a different opinion of new. If I buy a watch tomorrow and open it. I still consider it new. Even if it's been switched on for a few hours.

          When I think of used I think that the item has a bit of wear and tear and been used for its original purpose.

          I thought the photos showing it on and the wording I used would show it's been switched on before. But I guess not

          • @AussieMark: Also to swap to a new one would have taken some time. I offered it and the buyer said no. What more do you want me to do?

        • +1

          @MissB What genius would read "never used" then look at a picture of said laptop turned on and still think it hadn't been used?

          You've repeated the same argument further down as well. Did you even read all of OP's posts?

    • +2

      "Even if the buyer completely made up the stuff about the headaches, the item was not as described, the seller kept avoiding the questions about how much the laptop had been used and I can see why it got to the point where the buyer found it amusing."

      Err .. it has it in the ad? The date of warranty. The date of purchase and the length of time I had the laptop. It's also in the invoice I emailed prior to the purchase

      So how am I avoiding it? If I've answered it 8 times

      • Mark I don't think you've stated what you wanted? What outcome would be satisfactory for you?

        • Hey there I offered him a refund less a 20% or 25% restocking fee

          I also offered to see if HP will swap it out for a new one but they will want to do an inspection first at his work or office first. But I can arrange that at no cost.to.him.

          He said no to 2nd one but first 1, don't know

          • @AussieMark: I see. Personally $400 is a bit over the top, $100-$200 sounds reasonable.

            • +1

              @cheng2008: Yeah I'm willing to compromise but he isn't open to negotiating. He said by law he can return it if he wants for full refund.

              I also paid the insurance registration and the PayPal fees even though we agreed on 1600 in my hand. Not a big deal but still

      • But you're saying it was never used, but also that you did use it for more than just setup "to test it". If it's only been in the box for a year, did you leave it untouched for 6 months (and say it was wrong for Shung to leave it untouched for 2 weeks after receiving it). Or did you use it for 6 months and then put it back in the box and list it as new and never used?

        • I'll upload the documents tomorrow to make it easier

        • +2

          I'm with you Miss B, I may have missed it but has AussieMark mentioned what he actually did with the laptop in the first 6 months? He keeps falling back on it being left in the box for the following year. That first 6 months could have been 8 hours of gaming a day. There would be no reason to factory reset the laptop if it were "as new" with no software installed.

          • @Hughesyboy: Is there any programs to run that shows how long the laptop has been on for? That might help

            • +2

              @AussieMark: Probably not now that you have factory reset it.

              Actually the Speccy from Piriform program in one of the answers below can show active hard drive time. Would likely be the closest you can get, but if you turned it on and left it plugged in for 3 weeks the program would should 500 hours of runtime.

              https://www.quora.com/Is-there-a-way-to-find-out-how-many-ho…

            • +1

              @AussieMark: You still didn't mention what you have done with the laptop in the first 6 months? Are you intentionally avoiding that question?

              Did you play any games on this device in the first 6 months?

              • @Hughesyboy: OP has clearly said at least TWICE in this thread that it sat in the box, at their home, unused during that time, as they were overseas.

                We can't do the reading for you.

                • @Typical16-bitEnjoyer: I reread those parts as they have been negged out of sight.
                  Still hasn't said he didn't install any software.

                  I'm not on anybodies side here, to me it seems like everyone is being dodgy.

                  • @Hughesyboy: OP said in the text exchange he had it for 1.5 years and in a box for 1 year during that time - https://ibb.co/3pmzcDR

                    But whatever I'n not picking a side either – both have respectively displayed the worst type of behaviour you might encounter when buying/selling something privately online. PayPal refund prob worse I guess

                    • +1

                      @nith265: If people want exact details it would have only been out of the box for a week in the whole 1.5 years. Laptop never left the house or the table.

                      So first 6 months .. already answered quite a few times it was in the box.

                      I'm going to post all the details tonight when I finish work

                  • +1

                    @Hughesyboy: Then click "View All" (negs aren't hidden) and search for your particular question before accusing someone of "intentionally avoiding a question" when they've already answered it multiple times lol.

            • +2

              @AussieMark: HDD's/SSD's normally record operating hours & on/off cycles. You can find this info by installing an app like CrystalDiskInfo:

              https://imgur.com/a/nB5u1wV

    • +10

      Did the seller put mayo on the ad? You bet. But if you buy an item described as near new or new and you can clearly see the product has been opened, used, switched on etc. Then you get no remorse from me. To top it off and come back with some b.s. Excuse which is obviously buyers remorse, then you're a scum bag in my eyes. The buyer is the worst type of person you want buying from you , short of a scammer imo.

      • +3

        Thats what gets me on the fence on whos at fault, its a small thing but I hate it when things are not factual. Its either new or not new. And it makes a huge difference.

        • I'll post some other photos I took before I sent it that will make it clearer

        • +4

          agreed 100%

          OP still being very vague with his responses about the real usage time of laptop.

    • -6

      I agree with everything you said.
      Reading this whole thread just makes me feel very fortunate that I earn enough and don't have to buy from private sellers in classifieds.
      Also fortunate that the few transactions I've sold through ebay have been problem free, but then again I never lied in the item description.
      Too much risk to being scammed and time wasted.

  • +2

    This seems all a lot of fuss and personally would like to shed some wisdom:

    *Don't stress too much over material items.
    *See the facts and just do what you can to move on, don't pass emotional judgement on events or things that happen.
    *Do what actions you can to resolve things rather than feel like you've been persecuted, take responsibility for your actions and deal with them.

    *Know that PayPal don't give a shit about anybody.

  • +11

    Shung,

    Here is a suggestion, so you can both put this behind you. Mark has shown some good faith in being willing to compromise.

    Since both of you have admitted that on hindsight, you could have handled certain aspects better, why not give each other a bit of wriggle room? And not wait for the ‘winner takes it all’ approach of PayPal. Crushing the other guy is not a good strategy to get by in this world, at the end of the day, all you save is a bit of money. Far better to try and put yourself in the other person’s shoes, and reach some compromise so the other person does not feel completely gutted.

    I agree with cheng2008 that a fee of say, $200 seems fair, for all the trouble Mark has gone through to send you the laptop, and you having a chance to evaluate it. And not have to keep it. You still get to keep most of your money, Mark gets some small compensation for all his trouble and time lost, which is very reasonable.

    If you are willing to compromise, as Mark is willing to do, then both of you can feel like you have salvaged something from this.

      • +3

        What are you going to do about it? Are you going to pay seller's Paypal fees? Restocking fee? Just be a man and keep the laptop without asking for a refund you don't deserve?

        • +3

          Clearly they're not going to do anything. They'll wait for PayPal's unorthodox decision with their fingers crossed that it falls in their favour. Pathetic really.

      • This type of response won't wash when you're actually using your own Paypal account / are out from underneath Daddy's financial protection. Why is it exactly, then, that you don't have your own account?

    • +1

      Are you a lawyer bluesky?
      😂 Goodnight

      • Not a lawyer but no stranger to litigation. This has nothing to do with the law though.
        Have had to deal with quite a bit of conflict resolution both in my work and private life.

        😂 Goodnight

        Are you a night owl and sleep in the daytime? :-)

        • +3

          He is quoting Shung's last text btw hahaha

          • +3

            @vkzem: Lame attempt at humour is fine, ‘cos it hurts no one.

            But hope idonotknowwhy has some common sense to dial back on the other fronts - ‘personal attack’ below (unpublished now), and suggesting a meme on Shung on R U OK day – the foreseeable outcome is just mob bullying. Seems to flout the proportionality principle, even if you think Shung has done the wrong thing. It is bordering on distasteful, and pretty sure contrary to the intentions of this site promoting R U OK days.

            And here we are talking about why the mental issues of people engaging in social media are on the rise.

            • +5

              @bluesky: Fair point. Even though I still think OP is in the right based on both of their reasonings/text conversation/follow up conversation on this thread etc to his credit, Shung has been polite throughout and going through his history has contributed to this site, posting deals - one deal has over 200 upvotes… so credit where credit is due.

              He’s also had successful trades (small value items) through Ozbargains classifieds before.

              He himself (as well as a few others) was scammed out of $400-500 by another ozbargainer ‘westozzy83’ so I’m sure he empathises with OP and sees how things may look given the limited information we have on hand.

              I doubt either of them had planned to cheat the other.

              Both Shung and OP have admitted they could’ve done things better so hopefully they learn from this experience.

              OP posted that HP is coming to inspect the laptop, so who knows, it might actually be broken after all, or maybe it won’t.

              In any case, Shung hope you’re okay - if you ever get another gaming PC/laptop set up, pm me and I’ll game with you.

  • +4

    Just to chime in again, it shouldn't matter what seller advertised nor what buyer experienced. 16 days is a lot of time to flag any issue. If you buy second hand and don't have time to check straight away, ask seller to extend DOA promise. Otherwise, cop it. DOA window normally is 7 days for second hand sale from the date good received. If I was selling something it meant I needed the cash, I'm not gonna hold my breath for 2 weeks unless I agreed to it. Therefore buyer shouldn't get anything in this case. I'd be furious if buyer come back and whinge to me a month after sale. I'd never even consider restocking after that DOA window. No matter how dodgy the original ad was, even if buyer sent a brick, you don't check you lose.

    • +2

      I'm in the category of not looking at stuff (remains unopened in parcel) sometimes after 30 days and I can't return it because too busy and forget about it . Lucky for me lose only 5% if damaged so not too concerned . Main point is what consumer law says not the 16 days for you to understand .

      • +5

        Consumer Law has nothing to do with a P2P transaction like this.

        • +1

          PP involved so similar whatever there t@c's state .

      • Main point is what consumer law says not the 16 days for you to understand .

        I can't even understand what you're typing.

  • -2

    Shung - just a heads up to remember to use the PayPal refund on return shipping. You can get up to 8 per year. Haven't used it but may be helpful here (not sure if it's only for businesses)

  • +6

    So Shung is going to be a meme?

    • I don't get it?

    • +2

      he will. for sure

    • +10

      I'm about to sell a box of unique collectables on eBay shortly. Anticipating getting Shung'd at least once.

      • +4

        Yep, I've been Shung'd a few times on ebay. Pickup for cash it is from now on!

        • +4

          I remember when I was Shung'd out of $400. (I did end up getting it back thanks to AFCA)

          • +1

            @FireRunner: Glad you won haha I read that as it asked me if I wanted to make another thread and I didn't want to steal your glory lol / hijack your thread

  • Shung-Chi, the bootleg copy of Marvel's Shang-Chi. Complete with the ability to detect bad "omen" from electronic devices.

    • Haha you guys crack me up.

  • +7

    TLDR But this is a clear case of lad wanting to online game with you and wasn't just buying a laptop he thought he was buying a friend. Refund reason really is no friendship included. Bet that fan gets super quiet if you invite him for some online action.

    Anyway, I'll buy this laptop for 200 cause it's now got bad juju and the what sounds like an insinuation of dust and pubic hair.

    Sorry to joke! Good luck ;)

    • +1

      Oh my god just laughed out loud.

      I felt bad but in my mind I was like how can I game if I don't have a gaming laptop lol

      Very funny tho

    • anyway for that price if you're going to be a true gamer just build a desktop for 70% of the price…..

    • is this that online game from Black mirror?

  • +1

    shang tsung

    • +6

      With his special attack, "Buyer's Remorse".

  • +1

    So I guess you guys didn't hit it off over some DOTA?

    • DotA more than likely caused the fight.

  • -8

    You sold it because you hate the noise and nobody can fix it. It is the most common issue oh HP, I got 2 of them same issue. Now you blame somebody else for your greed.
    I bought one from an indigenous woman dirt cheap and she honestly declared the fault. It came with a fold out fan to put underneath that lessons the issue a bit and my missus has no trouble using it.

    • +7

      Why did you feel the need to let it be known she was indigenous? Genuinely curious.

      • +2

        I suspect your curiosity if satisfied will lead to contempt.
        I'm already contemptuous…

      • I can't answer for payless but the comment reads like it was a positive interaction… I can understand the negs on their comment but I don't think there's a rational reason. They weren't complaining about the individual, and then dropped that she was indigenous.

  • Time to ban the guy also, open a case with the AFCA.

    • Thanks I have it's pending but to be clear it's against PayPal not the buyer

  • +1

    I use Gumtree - i think of a reasonable price, halve it, place the ad, then take their cash when they come around to pick it up. Did it this morning. No stress for The Phantom who is obviously highly strung.

    • Thanks for the tip I installed gumtree this week and will give it a go :)

      • Expect to get offers of half the amount again and incredulous responses when you point out that's unreasonable.

        • +2

          not really. I just don't respond to unreasonable offers. Also don't post phone number just through the app

      • -1

        when they come around to pick it up

        Make sure you meet at a public place, like Maccas or shopping centre. If you meet at your house, people can still come and 'force' a refund.

        • Hell no - too much effort - but i do use an alias. If they come back they'll spend a lot of time looking for that prick Jimmy in that massive prestige apartment complex.

          • @[Deactivated]: So maybe if one wants to sell on Gumtree, buy/rent a massive prestige apartment complex first.

            • @Ughhh: That's right.

    • this

      • this

  • +3

    Thanks for all the help guys.

    PayPal has been pretty useless in this case encouraging me to lodge a counter claim against the buyer.

    I have HP coming to inspect the laptop and will post an update. Just been flat out at work sorry

    Will post update this weekend

  • Hi guys have an update for you all this weekend along with photos :)

    It's a shame to still see the buyer has refused my request to take down my full name…

    • +1

      even it the intent wasn’t malicious (I hope), doxing is one of the most distasteful and disrespectful things that can be done online. I hope the buyer respects this request ASAP.

      You however you also posted the same in one of your own images – I know you dismissed it as nothing but it caught my eye immediately as a fairly careless thing to do. That image is still up and publicly available – suggest you take steps to get it taken down. I’m sure the mods can help if you're unsure

      • Thanks I took them down already but yeah I didn't realise at first :(

        Appreciate the heads up.

        • sent you a DM to explain

    • You promised us an update last weekend, please share.

      • -1

        thanks for your post, unfortunately the buyer was screenshotting my msgs and then cropping things out and sending it to paypal so I had to stop posting

        I've also asked him a few times to remove my full name from his posts but so far he has refused.

        • That sux….. this has not been a good experience I'd say.

          • @cashie: Yeah the buyer won the case with paypal (a day or so ago) so now waiting for the ACS to rule on the case…

            Paypal also charged me $50 for the dispute

            • @AussieMark: Did HP find anything wrong with the laptop?
              I'm not sure how HP would find out if it was haunted though.

  • +2

    UPDATE AS PROMISED

    Hi Everyone,

    I dont think I can edit my post anymore to provide an update :)

    So let me just give you a quick summary below.
    Firstly I do apologize for the delay I was negotiating a new job (after not working for awhile) and managed to get it all sorted and start next week in the new role. I had to prioritise that over replying here so, thanks for your patience everyone. Also the buyer was sending what I wrote here to paypal and cropping key words (he posted them already)

    1) I think unfortunately because paypal advised the buyer to send it back - when I called them they said ooo He has already sent it… so the approval process didnt really work (as I'd then have to send it back again to him if I won I believe).

    Also before they made a decision I said I would accept a restocking fee (that some of you suggested thank you - for Paypal premier accounts). They said no its not possible to do restocking fees with paypal.

    2) Paypal decided in favour of buyer and charged me about $50 for the dispute fee.
    Paypal said I should lodge a counter claim and advised to get a independent third party to review the laptop and submit it to them to appeal

    3) Paypal deducted $1600 and sent it back to the buyer. The laptop arrived last week and I had HP inspect it.

    So far there has been two paypal reviews and a 3rd now took place today…

    4) 3rd paypal review states because the buyer provided proof of sending the laptop back he won the 3rd review… (even though I provided paypal proof he sent it back and the report from HP). Paypal asked me for the third party documentation, I provided it but then they said it's not applicable because the buyer sent back the laptop to me… (makes NO sense)

    5) Still waiting on reply from the Financial complaint company I lodged - email said two working days but its been 2-3 weeks. No reply yet, will call them tomorrow.

    Overall I will NEVER deal with paypal again, my god. Their staff have blamed each other non stop through the entire process. I was told I won the dispute as the dispute reason raised is not valid for laptops. Then the next superviser said they were wrong, and that there is NO APPEAL process. He is the superviser and he decides and it is final…
    Then the next person said there is an appeals process and that superviser was wrong.

    Every single person at paypal has contradicted the previous staff member, including supervisers. In America and also Philippines

    I've emailed executive escalations also but no reply yet.

    It's pretty hard to keep track of everything as every day a different person contacts me with a different answer and tells me to do something different.

    I also have photos of the laptop before it got sent to the buyer to show the condition and happy to upload them

    PS thanks to those people that suggested removing my name from one of the laptop photos. I have done it, unfortunately the buyer still won't remove my name from his posts or photos, but cannot really force him. I do have his full name, his address, his dad's name and a photo of his parents mansion in Sydney (but won't be posting any of it here).

    • +1

      unfortunately the buyer still won't remove my name from his posts or photos

      Have you tried reporting those comments or messaging a mod?

      I do have his full name, his address, his dad's name and a photo of his parents mansion in Sydney (but won't be posting any of it here).

      uh ok then? If you're not going to be doing it, why mention it? Just because you say it's not a threat, doesn't make it so. Talking about his parents' house too? Yikes, stalker vibes.

      • -1

        because i thought he would appreciate the fact I am not going to do the same he did obviously. Trying to motivate him to do it

        lol at stalker vibe, made me laugh haha. Fair point :) but it's just a google earth photo before I sent the laptop

        He uploaded it to multiple websites but thanks I'll ask the mods to remove it on this one

    • So what was HPs decision on the fan?
      Yes, please post the pics and the details of what HP did or didn't find wrong with the laptop.

  • Lol now in 4th PayPal appeal since they messed up

  • +2

    I think you should both be put in a caged ring with the laptop placed in the middle as the only weapon. Let justice be dealt with the proper way.

    You misrepresented the laptops condition and the buyer should have inspected it far sooner. I'll make the assumption neither of you are going to make it into heaven.

    • +1

      Agreed. Both sides are just terrible in their own way.

      I'm interested in the outcome of HP's inspection. I deal with HP a lot (more with business range/servers than home consumer range) and their default is to replace faulty hardware with refurbished parts/units. It was hardly a good point to say the buyer could get his "new" HP laptop replaced. The replacement could have been in the hands of a few shungs prior.

      • -1

        It's the premium warranty onsite ($300) so not the standard team or process.

        I guess I could have left that bit out about HP offering to replace it for free. I was just quoting them

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