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Buyer paid with fraudulant card ... help please

Hi there

If anybody can offer me any advice to my situation I would gratefully appreciate it.

I listed my laptop for sale on ebay http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&rd=1&item=250183990173.

Last monday someone brought it buy now while I was away from home.
She got my personnal details from ebay and called me many times to find out when she could collect as she had paid for the item. She said she was local, so I said it would be no problem to collect on the monday night.

She did collect and laptop and i gave her £20 cash as she said she had paid for postage but infact she was collecting.

I thought fine all is good sold the laptop sent the money to my bank account which went in friday.

Today I get notified by paypal that they have put my account £500 in the red as they have claimed back the money as the buyer had paid on a fruadulant card.

They now want me to top up my account with £500 and are not offering any help with the fraudulanty obtained laptop.

They said call the police which I have done but they say they cant do much as it is paypal who let the card through even though it was fraudulant.

So now I owe paypal £500 which I dont want to give them as I would have no money for ny selling the laptop.

Does anybody know where I stand?

Can they go to my bank account and withdraw this money withoutme authorizing it?

Should they be liable as they took the dodgy card not me? what about the bank that issued the card shoul they not honour the payment.

help?

yummy
:T Smilings good for you, it releases happy endorphines in your brain and makes your boobs grow bigger :T
:naughty: Don't worry about the world coming to an end today; it's already tomorrow in Australia! :naughty:
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Comments

  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    Oh dear... I wish you'd come here when you sold it :(

    It's a really really bad idea to accept paypal on a collection item - even if the credit card payment HADN'T been fraudulent, you wouldn't have any proof that the buyer had ever received the item. Not only that, but the fraudulent buyer is geographically untraceable - they could have come from anywhere.

    I would go to the police with any details for that buyer that you have. The problem is, they could be the details for the GENUINE account holder, and nothing to do with the scammer at all. But it couldn't hurt. Report the laptop as stolen - take the serial number.

    Someone else may be along to advise how you can fight paypal and their debt collectors - it's not really my forte.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • ormus
    ormus Posts: 42,714 Forumite
    sorry but it aint looking good for you. inform the police now.
    if you accept paypal, you only send item to a confirmed address.
    and sent by a trackable system. ie special delivery.
    never let the buyer collect except for cash on collection.
    Get some gorm.
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • jan03
    jan03 Posts: 899 Forumite
    Poor you, I dont know what you have to do in this situation but I feel really sorry for you.
  • Poor you indeed - this is a very bitter pill to swallow but I think you're on a hiding to nowhere with this. You've been had an Paypal won't offer you any support. Sorry but I think you'll just have to chalk it up to experience. I hope your laptop explodes into a thousand pieces and your horrible buyer gets what she deserves.
  • I feel so sorry for you!! :mad: :mad: :mad: :mad:

    The same thing happened to me about 2 years ago. :mad:

    I sold an item on ebay for about £200 & the buyer paid using paypal. I sent the item to the address (on his paypal account) by special delivery then about a month later I had £200 taken out of my paypal account & an email from Paypal saying that a stolen credit card had paid for my item.

    Luckily for me (I thought) I still had the proof of posting special delivery & obtained proof of delivery & signature from Royal Mail.

    After weeks of emails,faxes & phone calls I was told by paypal I was not entitled to get my money back. I was not told exactly why but received a standard email which is obviously sent to everyone with this problem & told to refer to the T&C's.

    If you have reported it to the Police & Paypal just hope that someone pulls their finger out.

    Good luck anyway!!

    Dan
    Nationwide bank charges reclaimed - £1500ish
    Matched betting profit - £94.26 - started 17/11/07
    Quidco - £86.31
    Tesco Clubcard - £520 in deals since August 07
    Competition winnings - £5 Amazon voucher, Family ticket to the Panto worth £57.
    :j :j :j :j :j :j :j :j :j :j :j
    This time next year Rodney, we'll be millionaires :D
  • yumzone
    yumzone Posts: 164 Forumite
    Part of the Furniture 100 Posts Photogenic Combo Breaker
    Have reported it to the police they have given me an incedent number - what good that is i dont know?
    The police man did say i should try and seek legal advise as paypal accepted payments for 2 other ebay sellers before they did me over ... so by then they should have realised something is a miss and stopped them from using the fraudulant card.
    I cant belive how horrible people are:confused: Dont know what to do next???
    :T Smilings good for you, it releases happy endorphines in your brain and makes your boobs grow bigger :T
    :naughty: Don't worry about the world coming to an end today; it's already tomorrow in Australia! :naughty:
  • Bromley86
    Bromley86 Posts: 1,123 Forumite
    Only new advice that I can give is ask on the eBay Community Q&A board as well. I'm surprised that PayPal can shaft you for the loss when it's their systems that should be verifying that the card payment was genuine. Best of luck

    http://forums.ebay.co.uk/forum.jspa?forumID=7
  • soolin
    soolin Posts: 75,140 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Bromley86 wrote: »
    Only new advice that I can give is ask on the eBay Community Q&A board as well. I'm surprised that PayPal can shaft you for the loss when it's their systems that should be verifying that the card payment was genuine. Best of luck

    http://forums.ebay.co.uk/forum.jspa?forumID=7

    I'm sorry but I;m going to sound terse here but this has happened due to a fundemental misunderstanding about how paypal works. Regardless of whether the card was fraudulent or not paypal require a tracked delivery proof for goods..so the OP has not only been scammed, they had left themselves completely vulnerable to a chargeback by not reading and/or understanding the paypal basic requirements. I like paypal and I often defend it on here but I must add a plea that no one uses it PLEASE unless they understand what they are doing.

    Even if this goes to law and the OP can track down the person who collected it, which seems unlikely, the buyer only has to deny collecting the item and then what? Think this through logically how can the OP prove beyond doubt that this laptop was collected?

    I am really becoming increasingly concerned about inexperienced or naive people being signed up for paypal without any requirement to understand it, Yet I can see no way round the problem. I'm sure if paypal required people to do a tutorial everyone would be up in arms about the 'nanny' system assuming they are too dim to work paypal..yet how else can we protect people? The system as it stands is correct, buyers must be protected as they rely 100% on the system to protec them and I'm sure none of us would want a system where a seller does not have to prove that the goods have reached the buyer..otherwise every scammer going would be claiming to have our signature on a a bit of paper 'proving' item was collected. So that leaves a system where a seller needs to protect themselves, and 99.9% of us do, but how do we protect the rest from themselves?

    I'm sorry this post seems so bitter but at this time of year the scammers and thieves (and yes these people are criminals) are out in force looking for naive people to scam, and I can see no way of stopping them while people use paypal without any understanding of it. We can't get to these people to warn them, usually the firstthing we see on MSE is where it has already gone wrong, so what else can we do to protect newer sellers?
    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.
  • shellsuit
    shellsuit Posts: 24,749 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    You didn't happen to make a note of the number she was calling you from did you??
    Tank fly boss walk jam nitty gritty...
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