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Paypal threatening me... help!!

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Hi All

Need some advice as to where i stand regarding a dispute I have with Paypal - will try to cut a long story short...

Basically bought a watch on Ebay on buy it now from a UK seller for £345. Paid via the link inside ebay via paypal. My paypal account was set up on electronic transfer - so DD out of my bank account. For some reason i got suspicious and rechecked paypal 2 days later to discover i had sent money to someone in china... :eek:

Turned out it was a hacked ebay account linked to fraudulent paypal account. anyway - Ebay contacted me once i'd pointed this out to them to say not to bid on the item and disregard the listing... (cheers for that!) I then turned to paypal to try to block payment or retrieve it and they were useless. So then i called my bank and they advised me to cancel the DD - this has thus blocked the payment before it has gone to paypal but has not retrieved from the "seller" (surprise surprise) - this means that my paypal account is £345 in the red and they are threatening to send it to Debt Collection despite the fact that they know it was a stolen account, they "seller" is a thief and i'm not going to get the item.

I opened a dispute in paypal and they had the cheek to find in favour of the "Seller" because he'd posted the item - despite the fact that, 1 he's a thief, 2, I never bought the item off him in the first place and 3, What item? Rubbish.

So my questions are this:-

1. Where do i stand legally - paypal have paid on my instuctions but they've sent the money before i've given it to them?
2. What will happen if i don't pay them? If they send it to debt collectors does it affect my credit rating?
3. Also, if it does go and end up in Small Claims is there any way i can contest this or will i ultimately have to pay it?
4. Can i make any claim against ebay - it's ebay's/paypal's shocking security that have caused all this!

Cheers, hope you haven't fallen to sleep reading this!!:confused:

Comments

  • well you didnt sign a credit agreement so there screwed with getting back there £345 from you I think. in my view they should be chasing the seller for £345 but there so lazy so they'd rather chase yourself for the money,if you get any debt collectors calling etc i would ask for a copy of the credit agreement you would have to have to owe that money in first place. and from reading around before ive never heard of paypal taking anyone to court
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    Stimo wrote: »
    I opened a dispute in paypal and they had the cheek to find in favour of the "Seller" because he'd posted the item - despite the fact that, 1 he's a thief, 2, I never bought the item off him in the first place and 3, What item? Rubbish.

    I'm not sure about the rest... but it shouldn't be possible for the seller to have won this dispute. They need to prove delivery, not postage. What did the seller put in the dispute? Challenge it.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • soolin
    soolin Posts: 74,129 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I agree with fay, seller cannot win a paypal dispute unless they can prove delivery tracked online to a confirmed paypal address.

    I suggest you go back to paypal and ask them what has happened here.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • G-G_4
    G-G_4 Posts: 3,090 Forumite
    well you didnt sign a credit agreement so there screwed with getting back there £345 from you I think. in my view they should be chasing the seller for £345 but there so lazy so they'd rather chase yourself for the money,if you get any debt collectors calling etc i would ask for a copy of the credit agreement you would have to have to owe that money in first place. and from reading around before ive never heard of paypal taking anyone to court

    I agree...
    :D BSC Member 155 :cool:
  • well you didnt sign a credit agreement so there screwed with getting back there £345 from you I think. in my view they should be chasing the seller for £345 but there so lazy so they'd rather chase yourself for the money,if you get any debt collectors calling etc i would ask for a copy of the credit agreement you would have to have to owe that money in first place. and from reading around before ive never heard of paypal taking anyone to court

    Thanks for this - I hope you are correct as it seems mad to get a bad credit rating for someone attempting to rob from me...

    As far as the Paypal Dispute goes - somehow they have posted me something according to the details they have entered - but i've never seen it so it may have been delivered elsewhere... either way it's rediculous because i never wanted to enter into an agreement with him in the first place so he's not even the "seller" as far as ebay are concerned.

    Am going to try and speak to ebay cos they may have a slightly better customer service dept and they have admitted that it was a stolen account - they may be able to liase with Paypal (but i won't hold my breath).

    Paypal customer services are absolutely useless - they admit no liability, show no concern and are only bothered about getting the money back. I am certainly not going to use them again and would warn anyone off them - i am staggered about how easily they've let this bloke get away with it.
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    I'd urge you to persist with paypal - the fact that the seller has submitted a false tracking number for an item that you have not received will count for something.

    And I'm sorry, I think you're wrong about ebay customer services :(
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
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