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Paypal Scammed Please Help!

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Comments

  • Telling others what you think should happen is not really helpful. Your interpretation of things is not correct.

    Paypal have not done anything wrong.

    The seller has signed up to Paypal and its T&Cs and have agreed to abide by their rules. All sellers know that they do NOT HAVE any seller protection unless the item is SENT BY TRACKABLE MEANS. This is Paypal's recommondation.

    The Seller has chosen to ignore those recommondations and in doing so have forfeited their right to any seller protection.

    The buyer has claimed that the item was not received and the only proof Paypal can accept that it WAS received is a signature of delivery. The seller cannot provide one.

    There is nothing that can be done about this as all rules, regs and laws are available to users before they join and then are agreed to.

    As for what happens now, Paypal will send aggresive debt collectors to your door because you have left your Paypal account in negative balance, which no, it is not a debt. It is money owed.

    The only action you can take is to take the buyer to small claims court. If the buyer is stupid then you might have a chance but if the buyers account was hacked then I am afraid you are out of luck.


    I think you are deliberately missing my point.

    A fraud has been committed, which is a crime. The T&Cs of a company do not override the law, whether you have agreed to them or not.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think you are deliberately missing my point.

    A fraud has been committed, which is a crime. The T&Cs of a company do not override the law, whether you have agreed to them or not.


    well they do, in as much as Paypal state its not a suitable payment method for collection items
    So the fraud is nothing to do with Paypal
  • I think you are deliberately missing my point.

    A fraud has been committed, which is a crime. The T&Cs of a company do not override the law, whether you have agreed to them or not.
    If a fraud has been committed, what does that have to do with Paypal?
  • porto_bello
    porto_bello Posts: 1,828 Forumite
    edited 4 November 2012 at 11:15AM
    I didnt realise any of this, that you should only accept cash for collection only items. I bought a Nintendo Wii a few months back and offered the seller cash on collection (to save on paypal fees) but he said he wanted me to pay by paypal, which i did, and collected item no problems. I will definintely be more wary in future.

    Thanks for the advice, and sorry to the seller who is going through this mess

    The problem is that some sellers are wrongly led to believe that it's unsafe, risky or even an open invitation for a scam to list items for collection on eBay. The truth is, it's only unsafe if you allow it to be.

    In the case of collected items, if you accept only cash, you can't go wrong. If every seller accepted only cash on collection, this scam would be consigned to the history books, where it belongs.

    Seller protection is only valid for items despatched via recognised professional shipping companies with trackable services. Paypal make this quite clear in their T&Cs... why should they pick up the bill for a scam that their T&Cs are designed to specifically prevent?

    OP, I'm sorry you heard about this scam too late in the day. I can only see 2 ways that you might win:

    One is if there is CCTV evidence (or similar) of the identified buyer receiving the item from you.

    The other is if you manage to discover the scammer selling the item on and can prove via serial number or similar that the item is yours. [Surprisingly, there really are people using eBay, who claim they never received an item they bought - and then list it themselves the next week!]
    "The secret of life is honesty and fair dealing.
    ...If you can fake that, you've got it made."
    Groucho Marx
  • If a fraud has been committed, what does that have to do with Paypal?
    • Seller lists laptop
    • Buyer bids on laptop
    • Buyer wins auction
    • Buyer pays Paypal
    • Buyer collects laptop
    • Buyer fraudulently reclaims money paid to Paypal

    So Paypal has been defrauded by the buyer.
  • alykatz
    alykatz Posts: 927 Forumite
    Part of the Furniture
    edited 5 November 2012 at 8:22AM
    No buyer defrauded seller.. Paypal is nothing but an intermediary.
    Buyer pays through paypal, not to paypal theres a big difference.
  • alykatz wrote: »
    No buyer defrauded seller.. Paypal is nothing but an intermediary.
    Buyer pays through paypal, not to paypal theres a big difference.

    I disagree, but it would take a legal case to prove it. Legally, I don't think Paypal have a leg to stand on.

    Reason: they chose to refund the buyer, without giving the seller a say on the matter.
  • zenseeker
    zenseeker Posts: 4,551 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Reason: they chose to refund the buyer, without giving the seller a say on the matter.

    They chose to refund the buyer because, as far as anyone can prove, the buyer has not received the goods they purchased.

    The OP is at fault here, they lost money through basic ignorance and not thinking ahead. It's a common, but costly mistake.

    If the OP has the buyers address they can contact the police, but in the mean time PayPal are entitled to recover their money.

    Ignorance is no defence in the eyes of the law, nor should it be a defence in the eyes of an eBay transaction.
    We have removed your signature - please contact the forum team if you are not sure why - Forum Team
  • techspec
    techspec Posts: 4,464 Forumite
    edited 7 November 2012 at 12:08PM
    zenseeker wrote: »
    They chose to refund the buyer because, as far as anyone can prove, the buyer has not received the goods they purchased.

    The OP is at fault here, they lost money through basic ignorance and not thinking ahead. It's a common, but costly mistake.

    If the OP has the buyers address they can contact the police, but in the mean time PayPal are entitled to recover their money.

    Ignorance is no defence in the eyes of the law, nor should it be a defence in the eyes of an eBay transaction.

    Although the OP should not have handed it over - lets just remember that paypal have just given a CRIMINAL £1000 back

    At the end of the day - they have aided and abetted a FRAUDSTER!!!!

    If accusations of a crime are made - surely Paypal should hang onto the money until its sorted - instead of siding with the criminal - which is their usual stance!
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    techspec wrote: »
    Although the OP should not have handed it over - lets just remember that paypal have just given a CRIMINAL £1000 back

    At the end of the day - they have aided and abetted a FRAUDSTER!!!!

    If accusations of a crime are made - surely Paypal should hang onto the money until its sorted - instead of siding with the criminal - which is their usual stance!

    So how do you decide who is telling the truth?
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