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Paypal, Advice needed please.

Audreyl
Audreyl Posts: 4 Newbie
Okay this maybe kinda long, but im a bit stuck. It was nearly 2 years ago now that i used ebay to sell my sons playstation 3 console, a man bought the item using buy it now and he paid just like normal.

Now when he paid he told me to deliver to a different address than what was listen on his paypal, i dont remember the reason specifically. So i sent off the item, and sent the money he paid me too my bank account, so i thought fine thats done end of story. But then i realize theres been a case opened against me i think it was because paypal suspected fraud on the buyers behalf, again i dont remember specifically because they locked my account (more on that later).

So i then wrote in the dispute that he asked me to send it to a different address and that must of been evidence enough of fraud for them and they closed the dispute and sent the refund back to the card. Now this also left me in £-240 as i said early i removed the money.

So along these past 2 years theyve sent numerous letters and calls asking for the money back while ive bluntly stated that i wont be paying it back as i received my money and i sent off the item, if someone else used a fraudulent card then its not my problem to pay back the cardholder, why should i ? They should be trying to get the money back off him, i mean they know who he is and where he lives i posted it in the dispute.

So cutting a long story short, they finally decided to take me to court within 7 days if i dont pay, what are my chances of actually winning in court ? Have any of you guys experienced anything like this before ? I dont believe its fair that i have to pay back the money some other guy stole, i really dont.

Comments

  • Lesson 1 never send anything to any address apart from the confirmed or registered paypal address (this could also be the gift address).
    This was very possibly a scam and if Paypal reverse a payment and there are no funds they will find a way of claiming the money,ie card bank account etc,if this fails they will send in debt collectors or take you to court.I don`t know the chances of your winning the case as Paypal do have rules and guidelines on addresses which sadly you did not stick to and they have been contacting you for quite a long time,you could also find that you have to pay court costs,I would contact CAB or wait and see if there is anyone who can help more.
    To end I do really feel for you and this seems to happen on a regular basis,i have had people try and scam me .....but I would never ever send to any address apart from the confirmed Paypal address,if they want the item sent anywhere else they have to pay by bank transfer.
  • soolin
    soolin Posts: 73,032 Ambassador
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    You are unlikely to win in court, and actually I think yours is the first case in a long while that I have seen get to the court process, most people have paid up with the strong armed tactics the debt collectors use long before court action.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • kazwookie
    kazwookie Posts: 14,028 Forumite
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    You have been scammed.

    But you didn't follow the rules, you MUST sent to the confirmed address.

    Let us know the outcome ofthe court case.
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  • what are my chances of actually winning in court ?

    Very low I would think.
    All that Paypal have to do is to provide a copy of their user agreement (which you agreed to when opening an account), and this will clearly show the conditions that you needed to follow to be covered for buyer disputes.
    I dont believe its fair that i have to pay back the money some other guy stole, i really dont.
    But do you have any actual proof that he stole it? It could have been a hacked paypal or ebay account or someone using his credit card fraudulently.

    Paypal don't very often take cases to court, so when they do, they must think that they have a very good chance of getting their money, and if they do, don't forget that this could seriously affect your credit rating.
  • halibut2209
    halibut2209 Posts: 4,249 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I'm a bit confused. Paypal took the money back from you, right? How can someone else take it from you again?
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • soolin
    soolin Posts: 73,032 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I'm a bit confused. Paypal took the money back from you, right? How can someone else take it from you again?

    The money was taken back but left the OPs paypal balance at a negative figure. Therefore paypal are chasing the OP to make up the balance to get the negative balance covered.

    Hmm, I don't think I have explained that very well...
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • botanical
    botanical Posts: 288 Forumite
    Lesson 1 never send anything to any address apart from the confirmed or registered paypal address (this could also be the gift address).
    This was very possibly a scam and if Paypal reverse a payment and there are no funds they will find a way of claiming the money,ie card bank account etc,if this fails they will send in debt collectors or take you to court.I don`t know the chances of your winning the case as Paypal do have rules and guidelines on addresses which sadly you did not stick to and they have been contacting you for quite a long time,you could also find that you have to pay court costs,I would contact CAB or wait and see if there is anyone who can help more.
    To end I do really feel for you and this seems to happen on a regular basis,i have had people try and scam me .....but I would never ever send to any address apart from the confirmed Paypal address,if they want the item sent anywhere else they have to pay by bank transfer.
    We too had problems with the address issue-

    We sold an expensive item on auction but when the buyer's two addresses didn't match up, we contacted him. He explained that his father was buying the item as a Birthday present but didn't have an eBay account. So he (the son) bought it but wanted it delivered to his father's address.
    We replied explaining that because of 'transaction protection' we were unable to deliver to any address other than the PayPal one. He simply altered the address in PayPal, we delivered and all was fine.
  • halibut2209
    halibut2209 Posts: 4,249 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    soolin wrote: »
    The money was taken back but left the OPs paypal balance at a negative figure. Therefore paypal are chasing the OP to make up the balance to get the negative balance covered.

    Hmm, I don't think I have explained that very well...

    You explained perfectly, thanks :)
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
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