Section 75 advice

captainbananapants1

Hi All,

I have done something very silly and I am now kicking myself.

On facebook market place I paid for a i phone via paypal "friends and family" with my credit card expecting for the person I was paying to be a genuine person however I was wrong.

I noticed the same person and same phone on market place but in a different area, I then realised I had been conned and rang my credit card company immediately & that was with in 24hrs.

My question is am I covered by section 75 in this case, I have evidence of the conversation with the con artist and him admitting he stole my momey & I will not be getting my money back, I was stupid I know but hoping someone could advise me on section 75, I am also going to go to the police about it.

Cheers

Sandtree

Presumably you logged into your PayPal account to pay them and therefore the answer is no because from a S75 perspective you paid PayPal not the vendor and PayPal have fulfilled their contract by passing the funds to the vendor.  Any transaction with a middleman is going to fail on S75.

You could attempt a PayPal dispute but the fact you've used Friends & Family to circumvent their fees means they are likely to turn down the case (though there is anecdotal evidence of a small number winning such cases)

captainbananapants1

Santree Thank you for your reply, I see and I suppose all I can do is send in the info to the credit card company and see what they say to the matter.

eskbanker

captainbananapants1 said:

I suppose all I can do is send in the info to the credit card company and see what they say to the matter.

Depending on exactly how you interacted with PayPal, you might be able to make a chargeback claim stick:

https://www.moneysavingexpert.com/reclaim/visa-mastercard-chargeback/#PayPal

born_again

S75 is out, as you have in effect sent cash to that person NOT bought any goods.

As @eskbanker said. You might stand a chance on a chargeback for non receipt of goods. But that is down t how paypal view the fact it was via friends & family. 
Although paypal have been good on these and tend to let them go through and then chase the account that the funds went too. Just hope it was not a hacked acc.

captainbananapants1

So after reading some info on section 75 I am now starting to come to terms with the fact I will not be seeing that money again.

reported the facebook account and the advert for the phone to facebook but two days after doing this, the advert and person are still selling on facebook the exactly same phone, pics and description, Crazy.

Think I have learnt a pricey lesson.

born_again

captainbananapants1 said:

So after reading some info on section 75 I am now starting to come to terms with the fact I will not be seeing that money again.

reported the facebook account and the advert for the phone to facebook but two days after doing this, the advert and person are still selling on facebook the exactly same phone, pics and description, Crazy.

Think I have learnt a pricey lesson.

Try the chargeback route. 
It would actually be the route your credit card co would take 1st anyway.

phillw

captainbananapants1 said:

On facebook market place I paid for a i phone via paypal "friends and family" with my credit card expecting for the person I was paying to be a genuine person however I was wrong.

If the person you sent the money to was neither your friend or your family, then you committed fraud.

If anyone asks you to send it like that then they are either trying to defraud you or paypal of their fees, neither is a sign that they were a genuine person.

I would always insist on paying for goods properly, even if I paid the extra fees myself.

If the person refuses to access a payment where you cover the fees, then they have no intention of sending you the goods anyway.

You could try reporting it to paypal, but I doubt they'll care. You could try the police, they will probably push you to action fraud, who don't seem to do anything either.

kaMelo

MalMonroe said:

captainbananapants1 said:

So after reading some info on section 75 I am now starting to come to terms with the fact I will not be seeing that money again.

reported the facebook account and the advert for the phone to facebook but two days after doing this, the advert and person are still selling on facebook the exactly same phone, pics and description, Crazy.

Think I have learnt a pricey lesson.

[DELETED BY FORUM TEAM]

It is absolutely not alright to use "family and friends" for people who are neither. Doing so for purchases breaches Paypal's terms and conditions as it's fee avoidance.

It couldn't be clearer from the "helpful advice" you mention on Paypal's website, to suggest to the OP that PayPal  "don't care" is giving them false hope and simply wrong.

When you send money (initiated from the “Friends and Family” tab of the “Send Money” flow) to, or receive money into your PayPal account from, friends and family without making an underlying commercial transaction (that is, the payment is not for the purchase of goods or services or for making any other commercial transaction), we call that a “personal transaction”.

 

To the OP you have my sympathy, this is exactly why the scammers get people to do this, they pay no fees on the money received and there is no comeback from Paypal as, according to their terms, no transaction has taken place if you used Friends and Family. Hopefully a chargeback will be successful and it's just a lesson learned, not an expensive lesson learned.

[Deleted User]

MalMonroe said:

captainbananapants1 said:

So after reading some info on section 75 I am now starting to come to terms with the fact I will not be seeing that money again.

reported the facebook account and the advert for the phone to facebook but two days after doing this, the advert and person are still selling on facebook the exactly same phone, pics and description, Crazy.

Think I have learnt a pricey lesson.

[DELETED BY FORUM TEAM]

Sending an invoice to Facebook - that is silly, they are obviously not going to pay the OP
Encouraging people to break PayPal's terms and conditions of use and potentially getting their account cancelled is terrible advice and you should delete this nonsense immediately.

captainbananapants1

I have written a long message to facebook in regards to this however I have yet to hear anything back from them.

I have contacted PayPal but they have said contact my bank which I am in the process of doing and also logged a Action Fraud case as this was what I was told to do my the local police website.

I have the conversion with the person and him/she telling me I will not be getting my money back.

I said in my message to Facebook why with items over say £150 isn't some sort of ID taken in order to locate any potential fraud however really I should have used PayPal as it was intended to be used.

How someone can open an account and steal from people and nothing can be done is beyond me? facebook only have to look at the messages from this person to me and PayPal must have an address for this person.

If you look on Facebook market place say for a i phone 11 pro you will see many profiles which are stating to be selling this item with the person only just joining FB, and you can not see any info, No friends, no Pics etc and now I see this is glaringly obvious a con artist. However I acted on the moment and yes I should have added the extra to cover paying PayPal fees to cover myself but I have used bank transfer so many times to buy things and never have I had any issues. I will in the future make sure I ask more questions.