Sold car payment Paypal

Saus007

Advice please as I am under pressure to collect the car, but am stuck between the devil and the deep blue sea!  If I don't collect it I have neither money, nor car and she is threatening to scrap the car.  If I collect it, it will cost me £150 and I am left with a car that is apparently unroadworthy.  If I collect, have the ownership transferred back to my daughter's name, can we then pursue this through the small claims court?  She had the car for three weeks before we were notified of the problems.

soolin

cx6 said:

But you said they didn't purchase the car using a Visa card - you said they paid you by Paypal and thus must have used their Paypal account to pay you

The fact that they funded their Paypal account using visa is irrelevant.

No it isn’t irrelevant, as stated earlier some banks will do chargebacks , if that wasn’t possible then how do you explain the OPs predicament? Even on normal sales a chargeback for fraud is entirely possible, as many sellers have unfortunately found to their cost- and that’s why we always recommend POP is kept for 180 days as that, in normal sales (and not applicable,here obviously) can defend a chargeback for fraud. 

soolin

Saus007 said:

Advice please as I am under pressure to collect the car, but am stuck between the devil and the deep blue sea!  If I don't collect it I have neither money, nor car and she is threatening to scrap the car.  If I collect it, it will cost me £150 and I am left with a car that is apparently unroadworthy.  If I collect, have the ownership transferred back to my daughter's name, can we then pursue this through the small claims court?  She had the car for three weeks before we were notified of the problems.

Personally my earlier suggestion stands, recover the car rather than lose it and go via small claims. If the car was sold exactly as described in your advert then there should be no difficulty in collecting it and driving it home. If it has been damaged since purchasing it from you then make sure you document the state it is in when you collect it. Meanwhile make sure you screen grab and date everything, your advert, any correspondence between you etc. 

I wouldn’t give up so easily on PayPal yet either and would put effort into getting the case reopened so you can defend it. 

cx6

Well the chargeback has been done to Paypal presumably on Paypal's request.

Your daughter should contest the chargeback as it has nothing to do with the car buyer - the car buyer hasn't requested a chargeback  - Paypal has. 

soolin

cx6 said:

Well the chargeback has been done to Paypal presumably on Paypal's request.

Your daughter should contest the chargeback as it has nothing to do with the car buyer - the car buyer hasn't requested a chargeback  - Paypal has. 

PayPal are acting on instructions from the bank, the bank are acting on instructions from the buyer , PayPal have not instigated this chargeback for no reason. PayPal have to repay the bank so they take the money from the seller. It’s exactly the same process as when a buyer does a chargeback for fraudulent use of a card (and when ebay used PayPal I usually had one or two of those a year) 

cx6

The buyer did not use their Visa card to buy a car. 

They used their Visa card to fund their Paypal account.

There is thus no basis for a chargeback and the Op should go to Paypal and tell them that.

the buyer may have a claim under Paypal buyer protection but that is not what is happening here.

theonlywayisup

cx6 said:

The buyer did not use their Visa card to buy a car. 

They used their Visa card to fund their Paypal account.

There is thus no basis for a chargeback and the Op should go to Paypal and tell them that.

the buyer may have a claim under Paypal buyer protection but that is not what is happening here.

You seem to be missing what has been said.  Some banks/card providers will allow the 'chain' to be valid in S75/chargeback and will claw back the money from Paypal.  Paypal then claw it back from the seller. 

Vehicles are not covered by Paypal's own buyer protection, hence why the only avenue open to the buyer was their card provider. 

soolin

cx6 said:

The buyer did not use their Visa card to buy a car. 

They used their Visa card to fund their Paypal account.

There is thus no basis for a chargeback and the Op should go to Paypal and tell them that.

the buyer may have a claim under Paypal buyer protection but that is not what is happening here.

Buyer is of course free to take whatever advice he chooses from us on here, but I don't think saying to paypal ' you can't do that' is going to be enough to get this resolved. If you use paypal you really do need to be aware of the following t and Cs about claims when using a card:

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/getting-your-money-back-if-you-paid-by-card-or-paypal/

Check the best way to get your money back

If you paid using money from your PayPal account, you should open a dispute on the PayPal website. You have 180 days from when you paid to open a dispute – this is about 6 months.

If you paid with a credit card, you should ask for your money back using Section 75 of the Consumer Credit Act – as long as you paid more than £100 and no more than £30,000. The limits are for a single item you want to get a refund for, not the whole order. You can't usually use Section 75 if you didn't buy directly from the trader - for example if you bought from eBay.

You should ask for your money back using 'chargeback' if you:

• paid with a debit card or charge card

• paid with a credit card and you can't use Section 75

This is also important:
https://www.paypal.com/uk/webapps/mpp/avoid-disputes-chargebacks

GabbaGabbaHey

Saus007 said:

 If we collect presumably we get change of ownership documents back in to my daughter;s name.

What do you mean by "ownership documents"?

Grumpy_chap

GabbaGabbaHey said:

Saus007 said:

 If we collect presumably we get change of ownership documents back in to my daughter;s name.

What do you mean by "ownership documents"?

I read that to mean the V5 etc.