Ebay/Paypal debt due to fraud, options ?

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  • custardy
    custardy Posts: 38,365 Forumite
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    eci22 wrote: »
    In your experience is there anything else I should know about dealing with the debt that hasn't already been said in this thread ? Thank you very much.

    The ethics of ebay/paypal not even looking at the evidence really hurts, I will not use ebay again and will avoid paypal as much as possible.

    I would be interested in folks views of trying to chase the scammer for payment.
    worth checking the address at least.
    Problem is. You have provided proof of delivery. it gets more he says/she says with confirming what was delivered.
  • eci22
    eci22 Posts: 15 Forumite
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    edited 23 June 2019 at 12:45PM
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    custardy wrote: »
    I would be interested in folks views of trying to chase the scammer for payment.
    worth checking the address at least.
    .

    At this point ebay refunded the scammer, ebay then deducted the money from my paypal account, I refused to balance the paypal account and paypal have said the collection is with westcot, who I have not heard anything from. So no physical money has actually left my bank account yet. And if I were to chase or go to small claims court, would I not chase ebay since they are the ones that actually charged my paypal account, not the scammer ?
    custardy wrote: »
    Problem is. You have provided proof of delivery. it gets more he says/she says with confirming what was delivered.

    This is where the investigation letter from Royal Mail should help, it states from the delivery manager a description of the item that was collected from Address B, some A4 paper and that's what was handed back to me.

    Thank you
  • custardy
    custardy Posts: 38,365 Forumite
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    eci22 wrote: »
    At this point ebay refunded the scammer, ebay then deducted the money from my paypal account, I refused to balance the paypal account and paypal have said the collection is with westcot, who I have not heard anything from. So no physical money has actually left my bank account yet. And if I were to chase or go to small claims court, would I not chase ebay since they are the ones that actually charged my paypal account, not the scammer ?



    This is where the investigation letter from Royal Mail should help, it states from the delivery manager a description of the item that was collected from Address B, some A4 paper and that's what was handed back to me.

    Thank you

    Well you would be chasing the scammer for not returning your goods.

    Yup,but the letter doesnt prove what was sent. Who is to say the item wasn't swapped at that house?
    I know it likely wasn't but you cant prove otherwise.
  • eci22
    eci22 Posts: 15 Forumite
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    edited 23 June 2019 at 1:53PM
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    custardy wrote: »
    Well you would be chasing the scammer for not returning your goods.

    Yup,but the letter doesnt prove what was sent. Who is to say the item wasn't swapped at that house?
    I know it likely wasn't but you cant prove otherwise.

    When you say 'prove', in what context do you mean ? Prove it to a judge in a small claims court, prove it to a judge for a CCJ hearing, prove it to westcot or something else ? As ebay are the entity that have made the charge against my account, is the responsibility not on them to prove it's a valid charge and not fraudulent by looking at the evidence, and paypal as a financial service to ensure it's not a fraudulent charge? which they are both neglecting to do (they both refuse to read the letter from Royal Mail). And ultimately to what extent does it matter for me exactly where the fraud occurred ? As you said as unlikely as it is the item could have been swapped at the house of address B, but either way I never got the item back and still got charged.

    Thanks again for your input custardy.
  • Carrot007
    Carrot007 Posts: 4,534 Forumite
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    eci22 wrote: »
    The ethics of ebay/paypal not even looking at the evidence really hurts, I will not use ebay again and will avoid paypal as much as possible.


    You will have a lifetime ban from both ebay and paypal due to this. (As is there right even if it gets sorted out as they can class yo uas too diffi!!!! a customer to deal with).


    This means if you set up a new account it will be closed as soon as they work out who you are, and if you just use checkout without an account you will have zero protection as you are not an allowed cutomer.
  • custardy
    custardy Posts: 38,365 Forumite
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    eci22 wrote: »
    When you say 'prove', in what context do you mean ? Prove it to a judge in a small claims court, prove it to a judge for a CCJ hearing, prove it to westcot or something else ? As ebay are the entity that have made the charge against my account, is the responsibility not on them to prove it's a valid charge and not fraudulent by looking at the evidence, and paypal as a financial service to ensure it's not a fraudulent charge? which they are both neglecting to do (they both refuse to read the letter from Royal Mail). And ultimately to what extent does it matter for me exactly where the fraud occurred ? As you said as unlikely as it is the item could have been swapped at the house of address B, but either way I never got the item back.

    Thanks again for your input custardy.

    Well who owes you what?

    Your sender scammed you.
    By Ebay/Paypal rules the buyer has returned the item.
    Remember they are dealing in balance of probabilities here.
  • eci22
    eci22 Posts: 15 Forumite
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    Carrot007 wrote: »
    if you just use checkout without an account you will have zero protection as you are not an allowed cutomer.

    That's really good to know, thank you Carrot007. I plan on using paypal only with no other options available, but will keep this in mind. I have no problem not using Ebay again.

    I was with ebay since 2001, had 550 feedbacks with a 100% positive rating, buying and selling goods. I had dealt with returns before with no issues., but it didn't seem to count towards anything in this matter for Ebay. I have no issue not using them again and if anyone who reads this and is, or planning, on selling items using their platform please do asses the risk you are taking as a seller.
  • eci22
    eci22 Posts: 15 Forumite
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    custardy wrote: »
    Well who owes you what?

    Your sender scammed you.
    By Ebay/Paypal rules the buyer has returned the item.
    Remember they are dealing in balance of probabilities here.

    I think I understand what you mean, but right now I would like to concentrate on how to deal with wescot if/when they get in touch. Any advice further to what I have already received would be very much appreciated.
    Thank you
  • Suseka97
    Suseka97 Posts: 1,562 Forumite
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    eci22 wrote: »
    I think I understand what you mean, but right now I would like to concentrate on how to deal with wescot if/when they get in touch. Any advice further to what I have already received would be very much appreciated. Thank you

    Do as has been advised at the start of this thread and just tell Wescot that you are in dispute with both eBay and Paypal on this matter and as such you do not intend to enter into any form of payment arrangement. Just keep telling them the same if they continue to contact you. Then wait it out.
  • sourcrates
    sourcrates Posts: 28,887 Ambassador
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    edited 24 June 2019 at 12:42PM
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    eci22 wrote: »
    I think I understand what you mean, but right now I would like to concentrate on how to deal with wescot if/when they get in touch. Any advice further to what I have already received would be very much appreciated.
    Thank you

    Wescott are of no real importance, they are just a 3rd party messenger between you and Ebay, as i said above, they do not own the debt, therefore cannot enforce rights they do not have.


    I had a similar dispute with Ebay, in circumstances very similar to yours, I used to run an Ebay buisness selling high end remote control car parts, one day i sold a guy a stainless steel exhaust pipe for a certain expencive petrol model, was sent RMSD, but got delivered to the wrong house, apparently, buyer said he never got it, Ebay sided with him, i ended up owing Ebay nearly £200.

    Royal Mail could not give me a satisfactory explanation as to what had happened, but as there postman said the item was delivered and signed for, (signiture was just a sqiggle) I got ziltch back from them.

    When the letters started coming, I just put down in writing the events as they happened, sent a copy to Ebay, no response, sent a copy to the DCA, again no response, everytime the debt collector wrote to me, i just sent another copy of the same letter.


    Last contact i had was in 2010, the dispute started in 2009, they have not written to me since.

    This was just the last of a long line of various frauds I was the victim of.
    As a seller on these auction sites, the odds are stacked against you as these scammers know how to play the system, I closed down my buisness and did something else instead, enough was enough, believe me its no great hardship living without Ebay or Paypal in your life.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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