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

Brooker_Dave

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

It's worth disputing the transaction with your credit card company.

chja

I would forget about legal action - no claim against eBay and Paypal (I know its owned by eBay) will have more expensive lawyers than you.

You could contact the credit card company and say that the debit was unauthorised. If sucessful, Paypal may still come after you, but at least it could be them trying to recover rather than you.

mrsiasy

My argument with Paypal is that, when I received the payment notification and received my funds, I was legaly obliged to ship the item to the buyer. I tursted them and shipped the item.

When the fraud was detected, and as Ebay and Paypal have the details of the account that was used on Ebay to purchase the item, the details of the account on Paypal which was used for the payment transaction, and the details of the person who received the item, it is therefore, their responsibility to report this criminal activity to the local police or any other law agencies to reach to the people involved in this crime.

My second point is, why Paypal does not place a restriction on transaction which have no registered/verified address and prevent these criminal activities taking place at all ? ?

Mandy44

mrsiasy wrote: »

My argument with Paypal is that, when I received the payment notification and received my funds, I was legaly obliged to ship the item to the buyer. I tursted them and shipped the item.

Obliged to ship it to the address paypal held if you wanted to be covered by their terms that you signed up to.

mrsiasy wrote: »

When the fraud was detected, and as Ebay and Paypal have the details of the account that was used on Ebay to purchase the item, the details of the account on Paypal which was used for the payment transaction, and the details of the person who received the item, it is therefore, their responsibility to report this criminal activity to the local police or any other law agencies to reach to the people involved in this crime.

Surely the fraud was detected by the bank/cardholder not paypal, isn't it up to them then ? May well have been reported to the police in Lithuania by the bank.

mrsiasy wrote: »

My second point is, why Paypal does not place a restriction on transaction which have no registered/verified address and prevent these criminal activities taking place at all ? ?

The account probably did have a verified address it's just that you didn't ship to it. How are paypal to know you're not in collusion with the fraud.

Realistically you have little chance of seeing that money again , UK authorities can't and won't investigate a fraud taken place abroad, I'm sure the Lithuanian authorities have more pressing things to investigate and paypal couldn't give a toss as you breached their guidelines

Avoriaz

mrsiasy wrote: »

My argument with Paypal is that, when I received the payment notification and received my funds, I was legaly obliged to ship the item to the buyer. I tursted them and shipped the item.

When the fraud was detected, and as Ebay and Paypal have the details of the account that was used on Ebay to purchase the item, the details of the account on Paypal which was used for the payment transaction, and the details of the person who received the item, it is therefore, their responsibility to report this criminal activity to the local police or any other law agencies to reach to the people involved in this crime.

My second point is, why Paypal does not place a restriction on transaction which have no registered/verified address and prevent these criminal activities taking place at all ? ?

It was you that trusted the buyer, not Payal.

Paypal have guidelines that, if you follow, will ensure that you are protected.

You didn’t follow Paypal guidelines so I don’t see what claim you have against Paypal.

I know it is not the answer that you want but it is you that have been scammed not Paypal.

Why on earth did you trust a stranger from a far away country with £900?

zenseeker

I'd agree with many of the posters above, you have no grounds for action against PayPal/eBay, so you may as well accept that and move on. The only course of action open to you now is through the small claims courts, assuming that you can launch a case against a foreign seller.

didi_nodebt

Its a hard one, mainly as you did not send to the adress on file. Firstly, go to your credit card issuer and get them to do a Chargeback as you did not authorise the transaction. This will be investigated by paypal and hopefully then you should be able to put your issues across to them.

Unfortunately you have been scammed and really as you did not post to the correct address as stated on paypal then you really are up creek without a paddle. You have no legal basis to sue ebay or paypal.

Goodluck, try everything you can but bear in mind you did not send to the correct address as such a very costly mistake.

Avoriaz

soolin wrote: »

I just wanted to add that in light of threads we had over Christmas I do have a slight niggle that this might be a wind up. .....

I'm inclined to agree.

If it is a true story than I sympathise with the OP but she really must learn not to be so trusting.

OnceUponADream

Avoriaz wrote: »

I'm inclined to agree.

If it is a true story than I sympathise with the OP but she really must learn not to be so trusting.

Im a bit suspicious as well - 2 days for the parcel to arrive from UK to Lituania .

Apologies OP if I wrong.

desert

we have similar story here. We sold an item over £500 on ebay in July. We posted it to the buyer's company address not card holder address. He paid it by credit card via paypal. The same thing happened again, the payment reversed to buyer's account and we were not eligible for seller protection on PayPal. Luckly we have got the money back as we threatened to sue him in small claims court. it takes almost 2 month to chase up with this buyer.
The situation is very difficult for you now as this buyer is not in the UK. Most of credit card company will protect card holder regarding an unauthorised payment. It is difficult to get the money back at this situation. As all people suggested above, try to contact them by email or letter or tel call. If no response, sue the buyer to court. Good luck anyway.