Paid by Paypal for non-eBay item. Seller didn't send item. Can I claim my money back?

Hi guys. I bought a laptop 2 weeks ago from a guy who has 100% feedback and has sold many items on eBay. I bid but wasn't the winning bidder. I was then away for a few days and returned to see I was offered a second chance offer for the item but sadly this had expired. I then messaged the seller to ask if he still had the laptop and he said yes, and he would be willing to sell it for less via Paypal only. So I paid him via Paypal, outside of eBay.

I kept in regular touch with him and nudging him to send this high-value item (£750) by insured courier with a tracking number. On the day he was supposed to send it, I messaged him and didn't hear anything. Next day he said it was 'dispatched by Yodel with barcode sticker as a receipt with no tracking details'.:mad:

2 weeks later no laptop. Paypal are now safer for buyers to deal with for non-eBay items but I'm pretty sure this is another instance of fraud since it's unlikely he never even sent it and sat there thinking 'Great......£750 of free money. Yahoo'. So, is it the right time to open a dispute case with Paypal or is there a better window to wait? I know you can now open a case on Paypal if an item isn't received or is, say, the empty box scam or where an item is completely mis-described which is good if someone's attempting to burn you.

Surely if he's committed fraud, I could mention to him there will be police involvement without reasonable proof he actually posted the item, and I'm sure his issuing bank would love to know there's suspicious activity going on?

I'm now a part time eBay seller and I'm honest. Even if someone decided they wanted to go without eBay and pay straight into my bank account I'd still send an item and for it to be with them ASAP. To be blunt, I don't just want my money back and for this to be an open and shut case with Paypal - I want this guy punished.
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Comments

  • You can open a claim if it went through Paypal as 'payment for goods' and not a gift payment.

    Two weeks is long enough for me to open a claim, you have kept in contact and I assume have told them it hasn't arrived.
  • Yes, he wanted me to pay via Paypal gift but told him no chance of that, so yes, paid as 'goods'. Yes, have told him it hasn't arrived. First time he said, 'it's Yodel so give them more time'. A few days later I said it's still not arrived and I wanted all the info he had from Yodel about the delivery (knowing he likely never sent it) and he hasn't responded.

    When should I then raise the claim or is that done automatically?
  • Log into Paypal and open a claim now. Escalate it as soon as you can and then wait. If the seller cannot provide online delivery with a signature then you will win the claim. You only get once chance at a claim for INR, so do NOT close it until you have your money.
  • Opening a Disbute
    Dispute

    Escalate to a claim
    Claim

    You will have to escalate the dispute to a claim (within 20 days). Paypal then gives you a date that they will review it by (7/8 days later from memory).
  • Ok, thanks guys. Very helpful.

    Is it a good idea to wait to escalate to a claim for a few days, so as to illustrate to Paypal that I am giving him plenty of opportunity to get the item to me, or is best just to do it as soon as?
  • No_Eye_Deer
    No_Eye_Deer Posts: 573 Forumite
    edited 21 September 2012 at 11:12AM
    Up to you,

    As he hasn't responded to numerous requests for the tracking info, I would go for as soon as possible.

    He can still respond to the case if he wants. If he uploads false tracking info, give Paypal a ring, as they really hate that sort of thing.

    Personally I wouldn't sign for any Yodal/unexpected packages now a dispute is open.

    .
  • 2 weeks is long enough for him to send you tracking info, IMO. Even if it is lost in Yodel-land you should at least be able to see this and can help you decide what to do next. Open the INR and make him actually do some work towards resolving this.
    "So long and thanks for all the fish" :hello:
  • shapala
    shapala Posts: 645 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Thanks again guys. Yeah, I'm not going to accept anything from Yodel that could be the laptop since the dispute is now open - he may well simply send a box full of broken parts. However, I don't think he ever sent it off, so will be fun to see if he attempts to upload any tracking info to try and cover his tracks.

    I'll report back to let you know the state of play. Thanks again for the help, it's really appreciated ;-)
  • Please do report back, it will help others to see the outcome. Likewise if you do get something delivered and it is 'from the seller', then come back here and we can assist you further.
  • shapala
    shapala Posts: 645 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Quick update guys.

    It appears this is a very serious case since the 'seller' looks to have closed his Paypal account. Can anyone tell me if he has done that, can Paypal recoup the money I paid to this fraudulent so-and-so? The case has now been escalated to a claim so awaiting Paypal's response now. I'm quite distressed since I fear the money may not make its way back to me.
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