PayPal Charge Back??

woody01

The buyer openly admits that I am not responsible and that he knows me to be a 100% innocent party. I acted honourably and responsibly at all times and informed the buyer immediately of both the problems with the weight/postage and when the delivery company informed me of issues with the insurance.

That is where you are 100% wrong!

Regardless of what you set up, if you ship something, no matter who paid for it, it's YOUR responsibility to adequately insure it.
In the eyes of the law, you do not have a hope of having this reversed.

jebus197

But the contract was always explicitly buyer collect - and it was made clear that the buyer should pay the full cost of shipping and insurance. Thanks for the empathy anyway BTW...

jebus197

I have another small piece of info though. Even though the delivery company cannot confirm delivery (although they can confirm collection from me), the buyer placed an ad on a popular (not eBay) second hand web site specialising in these kinds of items. The item was mailed on the 16th/05/2010 and the advert was placed on the 21/05/2010. The delivery service selected for this item was 48 hour. (Even though the postage payment amount was incorrect and he didn't pay for any insurance).

I of course saved a copy of this advert when I spotted it. The description matches exactly the item I sent. He has a good cover story though, as when I confronted him, he said he bought it so that he could use it for a little while (it was a paraglider), maybe for a month or so and then sell it on.

But it looks extremely suspicious that he would put an item up for sale, that he claims not to have received yet. (And which by that point was already significantly late.)

I have provided a screenshot of his original ad (he has since removed the ad) to PayPal, but wouldn't this be sufficient to persuade PayPal and his credit card company that something fishy might be going on?

omen666

You say in the OP that you sold something to an aquaintance, so why all the sneakiness by him? Why do you talk as if you dont know him?

jebus197

Well he's an acquaintance through a club I was once a part of, but I didn't know him very well - and we are separated by some significant geographical distance. I don't know why he's being so sneaky - he just seems to want his money no matter what, even if it means knowingly stinging a completely innocent part for it. (Someone he openly admits he knows is innocent.) Why the curiosity?

Brooker_Dave

woody01 wrote: »

That is where you are 100% wrong!

Regardless of what you set up, if you ship something, no matter who paid for it, it's YOUR responsibility to adequately insure it.

Nonsense.

If you arrange collection of something, insurance is your responsibility, not the seller.

Brooker_Dave

jebus197 wrote: »

I have provided a screenshot of his original ad (he has since removed the ad) to PayPal, but wouldn't this be sufficient to persuade PayPal and his credit card company that something fishy might be going on?

They won't care about that.

Have you withdrawn the funds from your paypal account?

Is a paypal account something you need?

jebus197

They won't care that he might have got it and put it up for sale??? My PayPal account is showing a negative £400 balance. (£400 in the red.) I immediately withdrew the funds to my bank account after he paid. It was sometime after this that he opened his first PayPal action against me. When that failed, he initiated the chargeback (also through PayPal.)

I won't use PayPal ever again after this.

This is all very confusing. I'm grateful for the help, but that's why I asked for qualified legal opinions, because (although I am thankful to everyone) opinions on the internet are a bit like !!!!!!, in that everybody has one....

adam.mt

Brooker_Dave wrote: »

If you arrange collection of something, insurance is your responsibility, not the seller.

Agree. It's whoever pays for the courier's liability.

I think what Brooker Dave is suggesting is that if you don't particularly need to use PayPal again then you could just ignore the matter. PayPal will be unlikely to pursue you for the debt (although keep hold of all your evidence to be safe). For other cases, they've failed to do so. They just close your account and ban you from using them again. Although, not an ideal solution it would be far less costly and time consuming than trying the Courts/MoneyClaim.

Personally I think you should name and shame the guy both here and the club you talk about. His actions have been disgraceful.

adam.mt

jebus197 wrote: »

They won't care that he might have got it and put it up for sale???

Good useful evidence I'd think (particularly if you go the legal route). However, in regards PayPal, they tend to follow a very rigid structure in how they deal with things and it doesn't necessary involve considering all the facts or common sense!