PayPal Issue - What are the options if not satisfied with result?

parisienne on 25/02/2013 - 09:53

Hi.I am just wanting some help with a buyer from Ebay who has lodged a paypal dispute,and paypal has found in the buyers favour.I sold a dress (brand new,with tags and unworn)and the seller had it for 30 days.Then i got a message from Ebay that a dispute had been commenced,with the buyer stating that it was "stained and reeking of perfume" and that she wanted a refund.Paypal went through the dispute process and found in the buyers favour (despite my asking how 30 days later this woman thought to mention the "stain and smell").I know the condition i sent it in,i know it was unworn and not stained at all…so how can i dispute Paypal's findings?Also,another buyer (who did not contact me for weeks after buying,and then did not respond…again for weeks,when i sent responses)claims she received a necklace i sold (which was bubble wrapped and sent in a padded postbag)broken.She claims she asked me if i wanted to be sent pics of this item,to which i said "yes" (she,in her complaint to paypal,states i did not reply….Ebay would have records of my doing this).Long story short,she started a dispute,again Paypal found in her favour and the item was returned to me.When i received it,parts were missing,the part of the necklace that was broken was seen to be a part that would only have been broken through being "pulled" or mistreated,and so i sent pics of what the original necklace looked like,and then how i received it when returned back to paypal…again,in buyers favour.Who can i go to in order to have this investigated again and the evidence i have sent be taken into consideration (i have never had issues when selling before).Thanks

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  • xconcepx on 25/02/2013 - 12:04

    would love to help but not much to offer. unfortunately paypal and ebay is setup in the buyers favour, as u've learnt the hard way. i stopped selling on their as it was more of a hassle than anything else and if i did i always make them pick it up and sign off the on the item stating that it was as described in the listing. unfortunately theres a few dodgy ppl out there and theyve taken advantage of the setup.

  • drdolphin on 25/02/2013 - 14:49
    +1

    I'm definitely no expert, but in these circumstances can you try the police and charge the buyers with fraud (since you would have their name and address). If they have lied about how the item was damaged, then got their money back based on this, in a normal purchase this would be considered fraud. I guess the onus is on you to prove the condition you sent the item in (and also find a copper taking this on)

    • Moots on 25/02/2013 - 15:14
      +2

      Yeah no. You have no proof of this, and they would not bother with such a small and complicated case.

      Either way, especially for interstate buyers. You will need to attend court etc etc.

      • morpheu on 25/02/2013 - 15:57
        +1

        …normally they would not bother with a small case, but i'm an exception to this rule! 2 years ago i sold an item on ebay, never heard anything back from buyer, then about 8 months later a cop rang me up to ask about a missing item worth $40 and said something like "…i have all your ebay records in front of me…" in a menacing tone(probably BS as it would require some court order), and suggested i returned the money, which was totally unfair as the paperwork like receipts, tracking numbers etc were long gone, but i refunded the money anyway, but why the special VIP treatment for this buyer you ask? turns out he was a volunteer firefighter! yeah, cops looking after their own…
        ps @OP, for clothes, when you get them cleaned just before listing, keep the receipt, that proves item was cleaned before selling and shifts the onus onto drycleaner in which case you could say item was not properly cleaned etc

        • kwaker on 04/03/2013 - 18:42
          +2

          that just doesnt sound right i reckon it was someone pretendng to be a cop.

  • ilostnemo on 25/02/2013 - 15:12
    +1

    As a seller, you have no recourse. I've never heard a paypal claim awarded to the seller.

    I once bought some shirts and didn't receive them, the person had 100% feedback, I complained to him and he said he sent them and thats it.

    I raised a dispute and paypal paid me.

    Several months later I bought another item and the person said my ebay address weas different to my paypal address, I had moved 6 months prior. I put 2+2 together and believe that the new buyers of our house are walking around with my shirts.

  • Cheeper on 28/02/2013 - 01:55
    +1

    Selling online is very convenient but it has many faults and opportunities for dishonest people, both sellers and buyers. Always remember this.

    When selling always clearly state in your ad no warranty or guarantee (std situation in all private sales anyway). To further protect yourself as a seller photograph or film the item before packaging and even have another person witness the items condition at packing.

    I have done this when packing items for shipment and sent the photos to the buyer. Genuine buyers like to know the item was packed carefully.

    Sellers do quite often misrepresent items on ebay (new as used etc) but buyers also abuse the system by lodging false claims when they buy something and later decide they wish they had not. Ebay and paypal are also very slack when it comes to determining claims, I think their emphasis is on a quick decision rather than a correct one. Genuine care by both agencies is and has always been almost nil existent.

    The system is convenient but there are countless faults in the system as well, beware.

    • SirFlibbled on 28/02/2013 - 12:43
      +2

      If you're carrying on a business you can't state no warranty. That's illegal.

      Personally I only sell crap at home I no longer want. I've never been scammed and it's probably just because of the way I post the ads which likely scare away the scammers.

      I make statements to the effect that "the item will be posted by click and send only for your protection" and "pick ups are allowed for cash transactions only. If you want to pay by paypal it will be posted".

      Also "The laws of the [insert your state] apply to this sale. The buyer agrees that the contract is formed in [insert state] and the courts of [insert state] have the exclusive jurisdiction over any dispute".

    • Tal_Shiar on 28/02/2013 - 13:04

      ive had someone leave negative feedback on ebay without any mention to me, she bought a video game with accessories and i bet it was because she found that she could have imported it new for cheaper. Basically I was accused of knowingly selling it defective and upon contacting her, she flat out refused to sent it back, or take a refund, maybe because I told her that i was disappointed i was never contacted first and expected the feedback removed. Long story short, I complained to ebay, got a long winded sympathetic reply and basically you would have to commence legal action for ebay to consider taking proper action. Though that was a little over a year ago and im not sure if any processes have changed, pretty silly over a $25ish item

  • hsk on 28/02/2013 - 14:15

    Ummm ebay, many scammers out there, have been ripped off many times, paypal work for the buyer not the seller. I do not use it to sell much but when I do I always make PayPal buyers pay for registered post to ensure delivery with a signature. Elimates the 'I did not get it' scam. Have had unfair feedback from people who pick up item, say all good go home and then leave me a negative as they must have changed their minds. Most people know how PayPal is set up so they claim. Unfortunately there doesn't seem to be a way to win, I have complained about unfair feedback but it has never been removed. Unfair I know but do not think it will change.

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