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Should I let Paypal *Try* sue me for money I dont owe?
seanparkin
Posts: 579 Forumite
To explain a long story (relatively) shortly,
I sold a TV card on Ebay months ago (about May). It worked perfectly, and was brand new. Top of the range job. It was covered by warranty from Hauppauge directly and I made this clear.
The buyer complained it did not work at all when he received it, obviously he hadn't taken necessary precautions when installing it and had damaged something with static etc. I said he should contact hauppauge for support, and he did. Hauppauge offered for him to send it back to them, and they would fix it.
He however, did not want to do this. He wanted to send it back to me to send it back to hauppauge to sort. I accepted just to keep him happy but was not sure why he wanted this. Parcel arrived back to me, and I set about getting hauppauge to give me an RMA, which with them takes a while - their support isn't great.
Laddo replied about 2 days later being really abusive, threatening everything, even though I constantly kept him up to date and informed as to what was happening. I decided that I had no reason to put up with verbal abuse and threatening behaviour, so shipped it back to him, unrepaired. I told him Hauppauge would be more than happy to sort it out with him directly.
Paypal then contacted me, the buyer had put a claim in. Needless to say, they did not accept a single word I had said, completely refused to listen to anything I said/sent them with the buyers abusive emails etc.
They issued a refund out of my account to the buyer. He now has the tv card, plus my money. £130. This left my account £90 in arrears, I decided that I was not putting up with that whatsoever, and just left my paypal account as is.
I've just today received a letter from debt collection asking for repayment in full within 7 days. I do not believe Paypal can legally take money off of me to give to somebody else and I am wondering whether I should let them attempt to issue proceedings, as I am unsure whether they would get away with it.
The only downside I could see, is that I would be given a big black mark on my credit history if I am wrong.
Has anybody else been in a similar position? Or have any knowledge on what would/could happen?
Thanks in advance!
Sean
I sold a TV card on Ebay months ago (about May). It worked perfectly, and was brand new. Top of the range job. It was covered by warranty from Hauppauge directly and I made this clear.
The buyer complained it did not work at all when he received it, obviously he hadn't taken necessary precautions when installing it and had damaged something with static etc. I said he should contact hauppauge for support, and he did. Hauppauge offered for him to send it back to them, and they would fix it.
He however, did not want to do this. He wanted to send it back to me to send it back to hauppauge to sort. I accepted just to keep him happy but was not sure why he wanted this. Parcel arrived back to me, and I set about getting hauppauge to give me an RMA, which with them takes a while - their support isn't great.
Laddo replied about 2 days later being really abusive, threatening everything, even though I constantly kept him up to date and informed as to what was happening. I decided that I had no reason to put up with verbal abuse and threatening behaviour, so shipped it back to him, unrepaired. I told him Hauppauge would be more than happy to sort it out with him directly.
Paypal then contacted me, the buyer had put a claim in. Needless to say, they did not accept a single word I had said, completely refused to listen to anything I said/sent them with the buyers abusive emails etc.
They issued a refund out of my account to the buyer. He now has the tv card, plus my money. £130. This left my account £90 in arrears, I decided that I was not putting up with that whatsoever, and just left my paypal account as is.
I've just today received a letter from debt collection asking for repayment in full within 7 days. I do not believe Paypal can legally take money off of me to give to somebody else and I am wondering whether I should let them attempt to issue proceedings, as I am unsure whether they would get away with it.
The only downside I could see, is that I would be given a big black mark on my credit history if I am wrong.
Has anybody else been in a similar position? Or have any knowledge on what would/could happen?
Thanks in advance!
Sean
DONE: Great North Run 09! Raised £452 for the National Autistic Society
SOON: Cycling John O'Groats to Lands End! For the National Autistic Society
Please sponsor Me! http://www.justgiving.com/sean-parkin
Debtwatch - Flexiloan (£1844 - £0 by July 11) - Personal Loan (Closed Jan10!) - Egg CC (Closed June 09!) - Tesco CC (Closed May 10!)
SOON: Cycling John O'Groats to Lands End! For the National Autistic Society
Please sponsor Me! http://www.justgiving.com/sean-parkin
Debtwatch - Flexiloan (£1844 - £0 by July 11) - Personal Loan (Closed Jan10!) - Egg CC (Closed June 09!) - Tesco CC (Closed May 10!)
0
Comments
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Have a read of this story here:
http://forums.ebay.co.uk/thread.jspa?messageID=207474015&forumID=14#207474015
Be very careful of Paypal’s debt collection agency, the bailiffs can and will get involved if the debt is not repaid, countless threads on the eBay forums over the years confirm this.0 -
can't advise as such, but if you sent originally by tracked delivery then paypal should cover you for the original payment
have a look at https://www.paypalwarning.com https://www.paypalsucks.com https://www.aboutpaypal.org
theres a lot of nastiness there,but others have been in the same situation as you and can advisemoney saving my @rse.
I've spent 10x as much as I would if I had never discovered this website :-)
:: No Links in signatures please - FM ::0 -
bleugh wrote:can't advise as such, but if you sent originally by tracked delivery then paypal should cover you for the original payment
Sorry, that only works if the seller protection was illegible in the first place.
Also, if the buyer filed for an item not as described complaint, even if the seller protection was eligible and the OP sent the item via a trackable method, ‘items significantly not as described’ do not come under seller protection so essentially you are screwed. You need to pay up, otherwise you face a high possibility of a visit from the bailiffs and a nice default on your credit file which stays there for 6 years, not a good idea if you are looking to get a mortgage/any credit products in the near future. After paying I would then take the buyer to small claims court.0 -
Figured as much
I've been reading up on similar cases for the last couple of hours, but haven't yet seen anything similar where NCO have issued a formal claim so wasn't sure if they would do this, and if so where it would end up.
I have a feeling though that I'm not going to win this one. I could afford to pay it back, but this would leave family without a visit from Santa this year.
NevermindDONE: Great North Run 09! Raised £452 for the National Autistic Society
SOON: Cycling John O'Groats to Lands End! For the National Autistic Society
Please sponsor Me! http://www.justgiving.com/sean-parkin
Debtwatch - Flexiloan (£1844 - £0 by July 11) - Personal Loan (Closed Jan10!) - Egg CC (Closed June 09!) - Tesco CC (Closed May 10!)0 -
Take the buyer to the small claims court - he's the one at fault (PayPal are about as much use as a chocolate teapot in helping sellers). Don't just lie down and accept it. The thread on the ebay board linked to by a previous poster is almost a clone of your situation - yours is simply muddied a bit by the return. You're still in the right.0
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Sorry I can't offer advice, I'm just browing, but I did want to offer my sympathy. I can see how frustrating this must be for you (I've been having trouble with ebay myself lately but fortunately just annoying rather than costing money)
I really do hope you can sort it all out. Good luck with it.0 -
You could also report the abusive emails to his email provider which would result in his email account being closed down. Even better if his email is provided by his
isp then they may also terminate his internet connection for abuse."Gort, klaatu barada nikto"
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves”
!ǝʞoɹq sʇı 'dןǝɥ0 -
Are you a private seller or a buisness seller?
Because if you are a business seller then British law dictates it is you and not the manufacturer that is exclusively responsible for dealing with the consumer.
If you are a private seller then the lines are less clear, but I am sure PayPal will have acted within the boundaries set out by the contract held between you and them.
Sorry, bit I don't think you can win this one 0
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