PayPal Scam against seller

smithington1996

Hi all!

In desperate need of some help

I sold an item (oculus rift headset) on the facebook marketplace just before christmas. It wasnt long before I had a message from the buyer who offered to pay through paypal. He did not enquire about the condition of the item or what was included in the package, but i did send him an itemised list of what I was including just to be sure he was aware.

He insisted on going through paypal, repeatedly citing that "he would be covered", and further insisted on not going down the personal transaction route for the same reason. I reluctantly agreed, forfeiting the fee paypal takes for such a transaction and posted the item the following day. I recieved £290ish on a £300 transaction.

I heard no more about it until just after the holidays were over, when I got an email from paypal informing me the buyer had opened a SNAD dispute. He claims that an Xbox One controller was not included (it was not on the itemised list of things included and he had no reason to expect to recieve such an item, other than the void in the packaging where it would have been. It should also be noted than a rift headset purchased today would not include this, as oculus does not bundle them anymore) and there was a scratch in one of the lenses that meant it was not possible to see out of it. I refused the refund, explaining that items bought on the marketplace were "sold as seen" and it was his responsibility to verify the items were suitable for him, but recieved no response and the buyer simply escalated it to a paypal claim.

following a very robust and thorough response (which clearly fell on deaf ears), paypal sided with the buyer and instructed him to return the item for a refund. When the item arrived back at my place it was in tatters. there are paint flicks all over it, the lens is smashed and the ceramic headstand is still in pieces in the (totally unprotected) box he packaged it in. By this point paypal had already closed the case and issued him with a refund from my paypal balance, which is now sitting at -£300!! i am now left with an unsellable item and a debt (which includes the fee paypal took that I never actually saw) which paypal are phoning me every 72 hours trying to recover.

the only lifeline I have is that I have opened a seller dispute claiming the item is damaged more than it was sent, however to do this i am required to submit an independent damage report from a third party (this was not requested from the buyer when he raised the issue of apparent damage). this is due by 7PM tonight but there are no appraisers/resellers in the local area that are comfortable/willing with appraising such a specialist item, and even if there were i think both me and paypal know that they will only refund after a long fight and even if they do agree it will only be for the difference/loss in value.

what can I do? I would appreciate any suggestions!!

thanks for reading!

George_Michael

smithington1996 wrote: »

and there was a scratch in one of the lenses that meant it was not possible to see out of it. I refused the refund, explaining that items bought on the marketplace were "sold as seen" and it was his responsibility to verify the items were suitable for him

How can something be "sold as seen" if it's bought at a distance and hasn't been seen by the buyer?

As to the scratched lens. You haven't denied that such a scratch existed when you sent the goods off and if it was damaged, I would hope that the buyer wins a claim.
It's fair enough not including the controller if this isn't original supplied with the headset but unless the unit was sold as non working then any damage that means the unit won't work correctly such as a scratch on the screen, should be stated and not left up to potential buyers to specifically ask about.

smithington1996

thanks for your reply,

My apologies, I don't think I have explained myself properly.


Firstly, items on facebook marketplace are indeed sold as seen. You buy an item based on A. the pictures attached to the listing, B. the pictures attached to any messages you ask for from the seller in a private message and C. the condition of the item when you inspect it in person. He waived the opportunity to determine whether the item was suitable for him on two of those three methods of obtaining information about the item. As I understand it I am not legally required to provide any information about a privately sold item, it is his responsibility. The fact that I did include several pictures of the item in the original listing, as well as a detailed description, an itemised list of things included and the willingness to accept a reduction in price so that he could pay via PayPal, coupled with consistently positive feedback about everything I have sold via the Facebook marketplace in the past shows I am an honest genuine seller.

The aforementioned scratch was NOT present at the point of sale, and I explained this in my response to PayPal, along with also explaining that it was 10 days before he even raised the issue, and didn't even think to contact me first to ask about whether there was anything I could do without going through the formalities of PayPal. But even if it was there when I sold it, the buyer happily handed over the £300 without so much as a "its all in good condition yes?". I don't agree that his lack of common sense to ask a simple question about the condition of a second hand item when purchasing it entitles him to a refund, which is what he seems to believe. The conclusion I am drawing from this is that his negligence has cost me the £300!

pinkshoes

You have the buyer's address.

Are you sure it is the same thing returned and the buyer hasnt swapped it?

Send a letter before action to the address stating that item was not returned in the initial condition, and they have 14 days to pay £300 plus £X postage to have the item that they damaged returned.

ess0two

SNAD and facebook marketplace? thought SNAD only applied to eaby

bris

Paypal have their own rules but they are not the law.


The law would be on your side on this one so if you have nothing for Paypal to take out your account they will just chase you for a while then let it go.


The downside is you will never have a Paypal account again.

soolin

ess0two wrote: »

SNAD and facebook marketplace? thought SNAD only applied to eaby

PayPal offer the same protection regardless of the site it is used on.