I want to take legal action against Ebay and Paypal to recover my item

mrsiasy

Dear soolin, I did mention in my 1st post that "A buyer from a European country" baught the item.

The registered address on Ebay is from Lithuania and so is the ALTERNATIVE address where the item was actually shipped to.

The interesting bit is that the name (Addresseee) that was given for the alternative address is the actual name of the person who submitted the UNAUTHORISED claim on Payapl

Mandy44

The " a buyer from a European country" gave it away for me soolin

Can't see the OP having any joy getting their money back, the buyers obviously set up a scam and arranged for quick pickup before any chargeback went thru. Probably a stolen/cloned card as it went to chargeback that quick. paypal probably have loads of these everyday so aren't going to get involved once you've gone outside their guidelines and all this small claims stuff is just giving the OP false hopes of seeing his cash again

mrsiasy

I just want to add that the REVERSED payment was taken from my credit card by Paypal. Would that help me to persue an online fraud claim to my credit card company?

StaffsSW

mrsiasy wrote: »

Last month, I listed an item worth £900 on Ebay on BUY IT NOW format. On 12th December, a buyer from a European country buaght the item and sent me a message on Ebay requesting delivery to an alternative address, I had no reason to suspect that as I, many times, requested delivery to another address. We a couple of correspondence on Ebay and the buyer agreed to pay extra for faster delivery (DHL or UPS)

As you have not sent it to the address on the Paypal transaction, you have breached the terms and conditions of the Seller Protection policy that you agreed to when you signed up to paypal - tracked or not, if the account had been hijacked, then Paypal will only offer protection on items sent to the address that they have on record.

It's no wonder they wanted faster delivery - they would have the goods in hand before the rightful account owner knows there is a problem, and starts the dispute.

Not what you want to hear I'm afraid but it's an expensive mistake, but not as expensive as trying to take them to court when it is your oversight that has caused the problem.

Mandy44

mrsiasy wrote: »

The interesting bit is that the name (Addresseee) that was given for the alternative address is the actual name of the person who submitted the UNAUTHORISED claim on Payapl

Doesn't mean that person lives at the address or it's the actual cardholders address though, if you've used a stolen card you'd probably get it sent out in that name.

soolin

mrsiasy wrote: »

Dear soolin, I did mention in my 1st post that "A buyer from a European country" baught the item.

The registered address on Ebay is from Lithuania and so is the ALTERNATIVE address where the item was actually shipped to.

The interesting bit is that the name (Addresseee) that was given for the alternative address is the actual name of the person who submitted the UNAUTHORISED claim on Payapl

Then apologies, I made an incorrect assumption.

Although I saw the buyer was from overseas I just assumed that a £900 item would firstly not have been offered for overseas buyers (hence him wanting an alternative address in the UK), and secondly due to the 2 day delivery that the revised address was in the UK.

In that case you have no way at all in recovering anything from this.

Mandy44

mrsiasy wrote: »

I just want to add that the REVERSED payment was taken from my credit card by Paypal. Would that help me to persue an online fraud claim to my credit card company?

Did you withdraw the paypal funds to your credit card ? If you withdrew to a bank acc you could always get the cc company to do a chargeback Paypaly will still lok into recovering the oney from you but will be more willing to actually get involved once their out of pocket

mrsiasy

I transfered the funds that I had received on Paypal to my Bank account. But the reversal funds were taken from my Credit Card.

Do you think that would help me to persue a claim to my Credit card?

I am also thinking of discussing the case with my content insurer, what do you suggest regarding this?

StaffsSW

mrsiasy wrote: »

I transfered the funds that I had received on Paypal to my Bank account. But the reversal funds were taken from my Credit Card.Do you think that would help me to persue a claim to my Credit card?

I'm pretty certain that the T&C's you agreed to will dictate that they are within their rights to recover funds from either the bank or credit card. You would be best speaking to the card company for clarification on this.

I am also thinking of discussing the case with my content insurer, what do you suggest regarding this?

Since you sent the item voluntarily to the address abroad, I'm not sure what sort of claim you could try to make, although if your insurers offer free legal advice, this may be a better bet for you.

Brooker_Dave

soolin wrote: »

Whay happened to the 'if you have an address you can't lose out' claim you make every time someone mentions a cheque. Surely the same thing should apply here even though the OP is the seller, the OP has the address....

Because the address is in Lithuania.