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PayPal 'Unauthorised claim' (chargeback) HELP!!!

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  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    As others have said, forget about pursuing Paypal - your beef is with the buyer. Do you have his address?
    "You were only supposed to blow the bl**dy doors off!!"
  • StaffsSW
    StaffsSW Posts: 5,788 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    homie44 wrote: »
    On a different matter: What if a PayPal account holder is someone who is not 18 yet? In order to use PayPal you have to be 18 years old. If the registered account is registered on the name of someone who is not 18 yet, will this cause PayPal legal problems in regard to the unauthorised claim and/or 'debt collectors'? Or the opposite, the account holder will get into more trouble?

    Regards,
    George

    Did the buyer look under 18 when they collected it? I don't think it is possible for an under 18 to legitimately open a Paypal account without some sort of criminal fraud going on. Accounts need to be attached to a bank account too, so there is possibly an option for recourse through that for Paypal.

    Perhaps the parents or legal guardians are held responsible? Or is parental responsibility just a thing of the past?
    <--- Nothing to see here - move along --->
  • pinkshoes
    pinkshoes Posts: 20,557 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As you didn't abide by Paypal rules (tracking required), then this is NOT their fault.

    You need to put the money back in your PP account.

    A long shot would be to take the PP account holder to court for allowing their account to be hacked. It'ks a long shot though.

    More likely, you'll have to kiss the money and TV goodbye. Put it down to experience.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Padz_2
    Padz_2 Posts: 281 Forumite
    OP I'm sorry for your situation.

    BUT this kind of situation is why I will not ever use Ebay.
  • stevew8975 wrote: »
    This is meaningless in any paypal case - they require online proof of delivery. The seller could have a DNA sample, original birth certificate and various members of the buyers' extended family hidden the basement as "proof", but it still doesn't mean that paypal will accept it and find in the sellers favour.

    Pointless for a paypal case, but a receipt signed by the person collecting the TV may be very useful if it comes to legal action against the buyer, especially if that persons ID was checked against their driving licence or similar document when they picked the TV up.
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    Padz wrote: »
    OP I'm sorry for your situation.

    BUT this kind of situation is why I will not ever use Ebay.

    Is ebay the problem? Or paypal? I'm confident about using ebay even if paypal's the only option because it does allow one-off purchases using a credit card. You're then protected by s75 of the Consumer Credit Act and don't have to rely on paypal's rather dodgy terms and conditions.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • StaffsSW
    StaffsSW Posts: 5,788 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Is ebay the problem? Or paypal? I'm confident about using ebay even if paypal's the only option because it does allow one-off purchases using a credit card. You're then protected by s75 of the Consumer Credit Act and don't have to rely on paypal's rather dodgy terms and conditions.

    It is eBay policy that you can not refuse Paypal as a payment method, even if it is inherently unsafe for the seller, as in the case of the OP.
    There are many other issues with ebay (and regularly discussed on the ebay board) that make ebay unsafe at worst, or a good place to lose money at best for both buyers and sellers.
    Bear in mind that using a credit card once for paypal does not necessarily mean that subsequent payments will be funded by it, or S75 protected.

    Blind faith is never a recommended safety net.
    <--- Nothing to see here - move along --->
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    stevew8975 wrote: »
    Bear in mind that using a credit card once for paypal does not necessarily mean that subsequent payments will be funded by it, or S75 protected.

    I appreciate the first point but I'm curious as to why you wouldn't be s75 protected (provided you fulfilled the criteria, i.e. the service/goods weren't provided and the purchase was between £100 and £30K, or whatever the specific conditions are).

    Why should it make any difference whether the payment went via paypal or not?

    Having said that, I agree with your general point. I'm personally very wary about using ebay.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 30 April 2012 at 4:00PM
    Is ebay the problem? Or paypal? I'm confident about using ebay even if paypal's the only option because it does allow one-off purchases using a credit card. You're then protected by s75 of the Consumer Credit Act and don't have to rely on paypal's rather dodgy terms and conditions.

    There is no legal right to a S75 claim when using a credit card to make a purchase and the money was transferred via paypal (or any other payment provider).

    This has been confirmed by the FSO on a few occasions.

    http://www.fsa.gov.uk/pubs/cp/cp05_04.pdf




    FOS received a number of complaints against credit-card issuers, where the general circumstances were as follows:


    – Mr Buyer holds a credit card issued by Card-issuer plc.

    – Mrs Seller is selling an item on the eBay internet auction site.
    – Mr Buyer makes the successful bid for the item being sold by Mrs Seller.
    – Payment is to made through PayPal (an FSA-regulated electronic money institution)
    – Mr Buyer opens an account with PayPal.
    – Mr Buyer credits that account with a payment from his credit card issued by Card-issuer plc.
    – PayPal transfers the payment from Mr Buyer’s PayPal account to Mrs Seller’s PayPal account.
    – Mrs Seller withdraws the payment from her PayPal account.
    – Mrs Seller does not send the paid-for item to Mr Buyer.
    – Mr Buyer is unable to recover his payment through PayPal or eBay.



    – Mr Buyer claims reimbursement from Card-issuer plc.

    In the light of input from these experts, and from the OFT, the FOS concluded
    that section 75 did not apply in the circumstances of the cases that had been brought to it.

    The reason why the payment isn't S75 protected is because the only service that the credit card company is involved in is the transfer of money from the buyer to to paypal, and this has been carried out successfully.
  • StaffsSW
    StaffsSW Posts: 5,788 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Because it is near-impossible to change the default funding method in paypal. Credit card is always the last payment funding option available after available balance and bank funds.

    If you try to enter a card number that is already attached to an existing Paypal account, then it will automatically ask you to log in, rather than just entering the card details verbatim and processing the payment.
    <--- Nothing to see here - move along --->
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