Bought faulty item, dispute closed in seller's favour - advice needed please!

Mrs_justjohn

theonlywayisup wrote: »

Ive not heard about chargebacks closing your PP account. I did have a successful chargeback via Paypal some months ago, for a childs climbing frame. It was a private sale from my private Ebay but via the business Paypal. It is still very much alive and kicking.

I did a CC chargeback for a £600 purcahse as well and Paypal never closed my account - never heard of that happening??

I started a paypal dispute and won it but seller had emptied his paypal account, so paypal could not physically give me the money back. I advised my CC co of this and they did a chargeback as it wasn't my fault that paypal couldn't recover the money. I got my £600 back and my Paypal account is still very much open!!

Mrs_justjohn

OP

IF you paid out of funds held in your paypal account then your only hope is a paypal dispute - but am baffled as to why you couldn't open one? You can not have a paypal and an ebay dispute open at the same time and if you do try and start both the paypal one will close and the ebay one will stay open until reolved...is it poss that you had both open and that is what happened? Does it show as a closed case in paypal resolution centre?

Unfortunately had it been within the 45 days you could perhaps have started a paypal one if the ebay one failed to sort out the prob - but after the 45 days is up you have no other avenues...not unless you want to involve 'legal action'

thriftymanc

Mrs_justjohn wrote: »

IF you paid out of funds held in your paypal account then your only hope is a paypal dispute - but am baffled as to why you couldn't open one? You can not have a paypal and an ebay dispute open at the same time and if you do try and start both the paypal one will close and the ebay one will stay open until reolved...is it poss that you had both open and that is what happened? Does it show as a closed case in paypal resolution centre?

Trust me, I'm just as confused as you!

It definitely did not open in Paypal at all. Even though I went to Paypal to open it. There is no trace of it there, not even as closed.

Last time I opened a claim through Paypal, I went to Paypal to open it, I was redirected to eBay's resolution centre during the opening process, and when I finished opening the dispute it showed in both eBay and Paypal (but all the actions I carried out were on the Paypal website and I ignored the part that was on eBay as that was updated in tandem with the Paypal claim).

Not this time however. Some people at eBay live help insist that, this time, I am either lying or confused and that I logged into eBay to open the dispute. (I definitely did not - I didn't even realise this was possible until they told me, having never done it.) Another person at eBay live help told me that this was the new procedure and it would show in my Paypal account after being escalated (they said it would turn into a Paypal claim - needless to say it didn't).

I believe eBay/Paypal are at fault for this. Not that anyone has acted intentionally, but that their website has simply failed to complete my request properly. If I log into Paypal and open a dispute, I expect it to stay open in Paypal, not eBay!

At this stage I'm prepared to do whatever is necessary. Is there anything I can 'threaten' eBay/Paypal with in order to get them to allow me to open a Paypal claim now (given that that is what I tried to do in the first place) and get my money back?

Theoretically, what would happen if I went down the 'unauthorised transaction' route? I don't want to do this but if it's the only chance I have of getting my money back....?!

soolin

Mrs_justjohn wrote: »

I did a CC chargeback for a £600 purcahse as well and Paypal never closed my account - never heard of that happening??

I started a paypal dispute and won it but seller had emptied his paypal account, so paypal could not physically give me the money back. I advised my CC co of this and they did a chargeback as it wasn't my fault that paypal couldn't recover the money. I got my £600 back and my Paypal account is still very much open!!

The fact that you couldn't get your money back as seller had no funds shows your case must have been many years ago. They have got much stricter now since full buyer protection has been offered. Only last month there were two seperate threads on the warnign board (I think or maybe the vent board) where people had had accounts closed after doing a credit card chargeback.

As for the oP I have no idea why paypal opened an ebay case and not a paypal one. I might be tempted to open a posting account and ask on the community boards.

hermum

I should have thought that there would be a strong possibility of being charged with fraud. Ebay will have the info from you to say that you had bought & paid for an item, then changing your mind to say that someone else had bought & paid for something with your bank details & had it sent to you, would be all the proof needed to charge you.
I would have thought that all you can do is get back onto ebay again & ask why they found in the sellers favour, if as has been suggested it was because you didn't give tracking info, explain that you were never given the option, were you given the sellers address to be able to do this? Whether they will look at it again, is doubtful.

soolin

hermum wrote: »

I should have thought that there would be a strong possibility of being charged with fraud. Ebay will have the info from you to say that you had bought & paid for an item, then changing your mind to say that someone else had bought & paid for something with your bank details & had it sent to you, would be all the proof needed to charge you.
I would have thought that all you can do is get back onto ebay again & ask why they found in the sellers favour, if as has been suggested it was because you didn't give tracking info, explain that you were never given the option, were you given the sellers address to be able to do this? Whether they will look at it again, is doubtful.

I don't think the advice means to do a fraudulent use of card claim merely a section 75 claim, which I would not have thought possible in this instance as it usually only covers items not received.

theonlywayisup

Op, as your funds came direct from your bank, you will have to talk with your bank to see if they will offer any cover.

I can't see in the threads, but how much money are we talking?

theonlywayisup

I think you need to press the point with Ebay that you were waiting for the returns address to send the item back. Whilst they won't overturn the dispute, they may give you some recompense (full or partial) if you clearly show the system didn't work.

I would email, livechat and phone until you get someone who will help. I think you need weed down the details you give, just state the dispute was opened, escalated and you were waiting for the return address, then it was closed before this was given. You need to be as automated on the phone as they are.

Good luck and let us know the outcome.

Mrs_justjohn

soolin wrote: »

The fact that you couldn't get your money back as seller had no funds shows your case must have been many years ago. They have got much stricter now since full buyer protection has been offered. Only last month there were two seperate threads on the warnign board (I think or maybe the vent board) where people had had accounts closed after doing a credit card chargeback.

.

Sorry Soolin.....but you are wrong in this instance. My case was less than 4 months ago (April). The seller was not new nor was he selling in a high risk catergory therefore as soon as I paid he withdrew it. A week later when I had not received the goods and started an INR case the funds were not there to be held. He didn't provide tracking so I won the case but as his paypal account was empty they could not reimburse me - they put a hold on his account and promised me funds as soon as money went in his account but surprise surprise none ever did....hence the CC chargeback (luckily enough I paid via funds from my CC - or I would have lost £600)

soolin

Mrs_justjohn wrote: »

Sorry Soolin.....but you are wrong in this instance. My case was less than 4 months ago (April). The seller was not new nor was he selling in a high risk catergory therefore as soon as I paid he withdrew it. A week later when I had not received the goods and started an INR case the funds were not there to be held. He didn't provide tracking so I won the case but as his paypal account was empty they could not reimburse me - they put a hold on his account and promised me funds as soon as money went in his account but surprise surprise none ever did....hence the CC chargeback (luckily enough I paid via funds from my CC - or I would have lost £600)

Then paypal misadvised you. There is full buyer protection on paypal even if the funds are not available. It changed a few years back for ebay sales and has even been rolled out to non ebay sales from June (I think it was June) this year.

That's probably one reason for the 21 day hold, paypal were having to cover chargebacks from thei rown funds so if they hold enough payments they won't lose as much.