paypal debt recovery - Iqor

student_dan

Hi everyone

I posted a post on the debt-free wannabe forum a few days ago but somebody suggested i might get a better response here.

student_dan wrote: »

Hello everyone,

I've been reading information on numerous forums for the past few weeks but i felt it prudent to get my own issues out there.

So to begin; Last month i sold a nintendo wii bundle on ebay for £475, It was bought using buy it now and the winner picked up the goods directly from me. Once the funds were in my paypal account i transferred them directly to my current account. All is good.

About a week later i received an email from paypal stating the buyer had instigated a reversal - it transpires that the person who collected the wii had actually hacked into someones account, used there credit card to buy numerous things.

Due to the criminal picking up the goods i was not covered by paypals insurance policy and they found in favour of the defrauded party. obviously this is fair as he has been a victim of a crime.

Now, i've lost my goods (which i didn't want to sell but needed the cash) and paypal have put my account to a negative balance. In my eyes i have also been the victim of a crime (theft) and although i appreciate that i should have read the t's and c's on paypal a lot better than i did i am completely dumbfounded that this could be happeneing.

So, Out of goods, Paypal asking me for money. I attempt to converse with Paypal directly (CBC@paypal.com i belive) and in the end the ignore my emails. I assume they have decided to just close my account at my request as they have seen sense. Unfortunately not.

This morning i received a message to call iQor collections based in preston, (they called my house but i was not in) after a bit of research i discover that they are a DCA and not a very pleasant one. Most advise on the net indicated i should refuse to speak to them on the phone and get everything in writing. I found an email address for there complaints dept (a human, not a group I.D) and informed her of my wishes. she politely agreed and said they would right to me.

Now, at present i intend to write a CCA letter to them when they write me but until that time i thought it best to seek some specific advice from you kind folk.

Obviously i do not intend to pay any monies on this and i am fully prepared to go down the FSA, Ombudsman, court route - Hopefully it will not come to this. I just cant believe that a company would try to do this to someone, If they get what they want then i'll have lost my money and my goods.

Apologies fro the longevity of the post, any grammatical errors and if it is in the wrong forum.

Thanks for taking the time to read this everyone and i would really appreciate any advice on this. As you can probably tell i'm new to this and have never had any issue like this before.

Dan

To give you all an update i've since spoken to the FSA, Received my "final response" from paypal - Basically that its in there terms and conditions and thats what i agreed to. I've also reported this to the police getting my crime reference number and they'll be in contact with me shortly.

At the moment i'm planning on using the FOS, theres a standard complaints form on there website i'm currently filling out.

Hopefully between my essay on the previous post and this update you'll have some idea whats gone on. I'd really appreciate any help or advice that anyone could offer.

Thanks
Dan

frivolous_fay

I'll try to ease you into this...
Paypal has lost out. Yes, they will try to recover the money from you, because there is no-one else to take it from. The how and why isn't important, unfortunately. They don't care if you've lost out, or how.

I'm sure you've now realised that accepting PP on a collected, high value item, was a bad error

Sorry I don't have anything helpful to tell you, but good luck in defending your case.

prl100

I really feel for you in this situation.

I have previously allowed people to collect eBay goods from me also - even high value ones. Since reading stories similar to yours I now no-longer agree to this option.

This is a horrible situation you have now found yourself in, through no fault of your own, I hope there is a happy ending.

Paul

student_dan

I think i'm slowly coming to the realisation that i've been done like a kipper on this one...Although i have learnt a valuable lesson (i'll always read the terms and conditions thoroughly) i dont think it was worth £475!!!

Doing a bit of research and i came a cross a few forums posts and articles where people in the same/similar positions had gone down the ombudsman route and had there account restored as a one off but i guess i'll just have to wait and see.

sunnysea83

I have for the last 3 years been receiving cards and letters through the post claiming to be from some debt collection/solicitors for paypal trying to collect some money off me, they often say they will call on tuesday to see me lol, they are based in Preston too.

They sometimes ring my parents home which is where the letters are also sent. It refers to a paypal account that has a 0 balance and that I closed 4 years ago.

The letters have no details of the paypal account email address etc just a client reference, ive ignored them for 3 years and theyve never done anything!

I reckon IQOR are probably the same company.. just ignore them for now or return as sender no longer at this address.


NEVER accept paypal for high end collection and £475 is a lot for a DS. on the ebay sale page, is there an address for the buyer have you tried that?

*LoopyLaura*

Sunnysea83 - I'd disagree with you point advising to ignore the DCA, to cut a long story short I got lumbered with an ex's debt (only circa £150), I even moved & they still found me. They will not give up!

Student Dan - There are some nasty people in the world I don't suppose they came by car & anyone has a record of their reg plate? Very best of luck with this.

student_dan

So far i've only spoken to the DCA via the phone, I rang them (found out who there compliance officer was) and insisted that she remove my phone number from their system and only contact me in writing. Very polite (so far....)

Another update....Had my final response from Paypal, Basically saying the same thing...will be starting a complain with the FOS over the weekend.

Dan

sunnysea83

What im saying is that Paypal and ebays Debt Collection agencys do not actually bother todo anything except send the odd letter, make the odd call. On the other paypal forum for people have had problems with paypal, cant remember what its called, not used it in a while, everyone else has had the same experience as I have.

It depends who the debt is owed too, for example I wouldnt ignore a debt collection letter from O2, council tax, british gas etc because they use companies that are ligit and actually follow the correct procedure for getting the debt back they cant just write and say x will come on x date, they have to follow specific rules and cant just send a baliff, a court has to issue an order allowing the use of baliffs and if they really want to persue the money they have to go to the County court for CCJs and baliffs.

There are laods of websites that provided advice on what rights you have etc

http://www.debtquestions.co.uk/prob_bailiffs.php#rights
http://www.cccs.co.uk/faqs/Creditors__Collections.aspx

the second link explains the difference between baliffs and debt collectors and their rights and yours etc.

Dont forget you have been the victim of a crime, you need to contact the police and get your own police reference (sorry if you already have done this and i missed it) and then fight paypal to not have to pay this money back. You may want to go to your local Citizens advice bereau who will help you and some even provide 30 mins free with a local solicitor etc.

I really feel for you, having to pay an exs debt, thats really out of order. Your debt of £150 (1) was it in your name? if so regardless of who spent your sadly responsable and (2) if it wasnt for paypal/ebay I would pay it, if its in my name im responsable for it! I guess the lesson learnt is never get in to debt for someone else as its not worth it. What a horrible Ex you must have.

I can imagine paypal may persue you for £475 as its a lot of money but I would take some advice from someone who is actually experienced in this type of thing. You need to fight it all the way though

StaffsSW

student_dan wrote: »

So to begin; Last month i sold a nintendo wii bundle on ebay for £475, It was bought using buy it now and the winner picked up the goods directly from me. Once the funds were in my paypal account i transferred them directly to my current account.

Therein lies the crux of your problem - Paypal for collection only items are not covered under seller protection - https://www.paypal-marketing.co.uk/safetyadvice/SellerProtectionOnEbay.aspx - Item number 2 " If you hand deliver an item or post it in any other way that cannot be tracked online, your transaction will not qualify for Seller Protection."

Admittedly this is not widely publicised by Paypal or eBay who want everyone to think that they are soft, fluffy and safe in all circumstances.

I know you do not want to hear this, but you have been scammed. It's an old scam as well I'm afraid.

Your only option now is to pursue the buyer via small claims or moneyclaim - providing you still have their contact details, and can prove that it was them that collected the item.
But with regards the paypal issue, they will get the money from you one way or another, as you didn't adhere to their T&C's.

confused90

i'd get some free legal advice, go to www.consumerdirect.gov and there are links to free legal charities.

i have had experience of paypal trying to collect money from me in the past for pretty much the same thing, chargebacks on the account, i always disputed the alleged debt on the grounds that paypal exposed me to fraud and if they persist in the action i will counter sue for my losses as a result of them exposing me to fraud via their system.

it's not a cut and dry argument but has always worked for me, the account was refered back to paypal never to be seen again.

TurkishDelight

they found in favour of the defrauded party. obviously this is fair as he has been a victim of a crime.

I'm sorry that you are out of pocket by so much, really I do have sympathy, but where do you expect the money to come from to refund the owner of the card?

This isn't paypal's fault by the way, they have been subjected to a chargeback from the card company, and if you had proof of delivery then you would be better protected than if you had accepted cards directly.