Got Scammed on Gumtree Using Paypal Link - Paypal denies protection

Hi All,
I recently got scammed on Gumtree with someone asking for money via Paypal. Not realising that even Paypal can be so insecure I end up transferring money. I am now in a position of no goods received and Paypal denying me the buyer protection. I looked in to a similar thread but with no outcome from OP
https://www.ozbargain.com.au/node/342415#comment-5291956

I am so disappointed with Paypal at the moment after they said that it is not covered under buyer protection after 20 days of me filing the claim. They are basing this on the fact that user agreement says this is not covered but do you expect people to buy something after reading user agreements all the time? Paypal is no more synonymous with buyer protection even if you act safe.

Can you please advise what are my avenues to get my money back? I lost $650. I paid it using ING Debit card and I have also raised a claim with them but not sure if they will entertain it too. Can you please advise me something to get my money back from either of the parties?

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Gumtree
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Comments

  • +13

    If you didn't use a credit card you're stuffed. Sorry!

    I hate how gumtree advertises to use PayPal to be safe but there are no protections.

    • Their claim form says that protection applies to debit card as well. So I am betting on that. Do you think I can go against the Paypal in financial ombudsman? Ta

      • +14

        No… They state they Bolinger protect gumtree purchases. Just because U didn't read doesn't make them liable.

      • +11

        Note: PayPal Buyer Protection does not apply to payments made through Gumtree. Before you pay, carefully inspect the item in person or confirm the service has been completed to your satisfaction. Make sure you are with the seller when you pay.

        https://www.paypal.com/au/selfhelp/article/how-do-i-pay-for-…

        Not their fault at all. Sorry but you're out of pocket. Did you at least ask for address and contact details before making payment?

        • +4

          This.

          OP basically just wire transferred using PayPal. It sounds like there was no invoice, no store, no warranty ect.

          It doesn't matter if you send funds through PayPal via credit card, debit card or direct bank transfer, as buyer protection is for any payments sent through PayPal to a store or marketplace verified for buyer protection.

          Also OP the 20 days grace you have is for escalating the claim, not making one. You have 180 days to make the claim, and have 20 days after making the claim to escalate it if needed. However since you won't be able to make the claim at all, 20 days is an arbitrary number in your case.
          https://www.paypal.com/au/selfhelp/article/What-is-PayPal-Bu…

          OP is out of luck, and going to the ombudsman will be a waste of their time. It's an expensive lesson to learn, but there's a lot of really bad people out there and now they will be extra weary of them.

      • +1

        It depends on the type of transaction. Even if you have used a debit card and the type of transaction is credit-card then you will be able to do a charge back. Usually paypal process a credit transaction. Ask your bank to do a charge back based on goods not received. You might get into trouble with paypal(They can black list you) if you do a charge back though.

    • +9

      If credit function is used on a visa/mastercard debit card, then I believe you have exactly the same coverage and protection as paying on credit card. I actually called up the bank, or went into the bank, to enquire about this point. If you payed through paypal, and not using bank account numbers bsb etc, but rather you paid with paypal and via card numbers (which sounds like what you did) then I am fairly sure transaction went through as credit function, on your banking card. You can do what is known as a chargeback , the chargeback through bank will be much more on your side, whereas PayPal wants to keep both parties happy, the bank just wants to keep you (their customer) happy.
      You need to edit post and explain further though ie. What did you buy/sell, was it goods, service, how was it delivered, what is the issue, what eveidence do you have. Although the bank is likely to take your side in chargeback, they still will accept evidence from both sides.
      BTW, of you lied to paypal and sent as a 'family and friends' payment, to avoid fees, (which some sellers here ask for) you are then completely screwed if anything goes on.
      If you sent and marked as payment for goods, then I dont understand why paypal protection would not help you. There is something missing here, need to edit post.

      • +1

        100% correct. I've personally coached one of my friends through the process with ING, and he successfully claimed ~$700 back through a chargeback on his debit card.

    • The Heck! You're the cat on my mug at home

      Worrying since Paypal is blindly seen as the foolproof safe option nowadays

      edit: huh, found out how to bold sentences by accident

      • +2

        She is a quantum cat so being in multiple states at once is not uncommon.

  • +9

    PayPal is the spawn of the Devil.

    They sided with a buyer who claimed item didn't arrive even when I sent them proof of posting (tracking number) and proof of delivery.

    Lost me over $100 plus the postage and packing costs.

    • +3

      Thats a killer. I am not going to leave them like this and will make sure I spread the word around as much as I can and also fight against Gumtree so no one gets in to paypal using Gumtree's false impression that it is safe.

      • +4

        Gumtree is full of scammers, I've been screwed over twice on there, albeit small amounts, I wouldn't touch Gumtree again if you paid me to.

        • +17

          Gumtree is fine, but you have to realise that it's just like the back of the newspaper classifieds; you have to take responsibility to check the goods, check the buyer/seller, and be prepared to walk away. If you want a safe transaction then you can use ebay (and pay the fees) or use a retailer and pay the markup.

        • +12

          Unfortunately gumtree is not idiot proof.

        • +1

          It's too much work for the general public. Hence its scam tree. It just takes away all that enjoyment on shopping and stress about if you get ripped off or scammed all the time. Even if you get paid in cash probably counterfeit notes. I wouldn't bother with gumtree.

        • +1

          I agree with you. I once posted my car to sell. So many wreckers called eventhough I said no wreckers and people who just come and check out talk down 1/2 price

          Expectation on gumtree is everything half price negotiable and potentially get ripped off or scammed.

          This goes for both sellers and buyers.

          Not worth your time

        • I have been lucky on gumtree but I've also not dealt with people when something seems off.

          I bought a $3000 scooter unseen and had it delivered. No probs. I don't think I even spoke to the bloke on the phone.

          However, I recently wanted a lithium battery from another state. Seemed like deal cos i couldn't find one anywhere else BUT … he knew absolutely nothing at all about the restrictions for posting a lithium battery. I decided to give it a miss.

      • +5

        You're probably the #1000 person who has fell for these (well known) scams and made a post about it.

        People need to be proactive, not reactive.

      • +7

        To be honest I'd never buy or sell anything off gumtree that doesn't involve a face to face transaction and cash (or on the spot paypal) being used. There's just no protection for either side.

        • +3

          On the spot PayPal can be disputed and if funded through credit card, charged back. PayPal for face to face is the most likely time to lose your money.

        • @Quantumcat: You can do chargebacks through debit cards, provided you use it on the "credit" function. I talked my friend through this, and was successful with ING in the past when eBay wouldn't refund an item which got lost/mixed up in the post.

        • @Wyn-Ryder: yeah so PayPal face to face is a definite no-no!

        • Even on the spot and cash involved you still ain't safe. A colleuage of mine got hit and injured on the spot and the guy run away with unpaid iPhone. Police couldn't do anything. That was at a public car park and surveillance were all bogus. No active camera neither. Obviously the offender knew

      • +3

        while I have no love for paypal. The problem is gumtree not paypal here, gumtree is scammer central and requires extremely savy buyers/sellers if you don't want to be fleeced. Gumtree has no protection whatsoever.

        • It's a free service, what do you expect?

        • @macrocephalic: it is exactly what I expect, such lack of diligence and protection from gumtree with easy access is always going to attract scammers in droves, combined with a lot of gullible people. The point is if you don't want to be scammed then don't use it. There are so many ways to get scammed on gumtree that only a fool would use it with anything but face to face transactions.

        • You don't have to be extremely savvy. You just have to not be an idiot.

        • Nope. I've been using ebay for years, but got scammed out of $70 because I followed ALL of ebay and paypal's instructions. Despite plenty of proof, Paypal still refused my buyer protection.

        • @gromit:

          Face to face can also be dangerous. You got no idea who you signed up with. A dodgy person can be life threatening you as per above

          Yes it is that bad. Nothing is safe

  • I recently got scammed on Gumtree

    So what was the scam then?

    • I purchased a note 8 on gumtree and that guy was supposed to send me the phone via post after Paypal payment comes through but after a while that guy never replied.

      • Get it sent cod. Then you pay at delivery time

        • +5

          A smart legit seller will not send COD.
          The way COD works is if the receipent fails to pay for the parcel at the other end, the item is shipped back to the sender and they wear the cost of shipping both ways.

        • +1

          @Cheap Charlie: Way cheaper for both parties though.

        • +2

          @knick007: not really, there's an extra cost for COD.

        • +9

          @Quantumcat: Keep in mind the seller can put a brick/stones in the box, the post office will hand the box over after you pay and you are none the wiser until you open the box.

        • @simmomelb: That's true

        • Use an Escrow service

        • +1

          Nothing stopping them sending an empty box COD.

      • +2

        How do you never read in this forums, other forums, social media, etc that you always transact in person and in cash via gumtree? Its unfortunate but this has actually been a very common case.

        Always deal in cash and in person via gumtree!

        I’m sorry you’re out of luck. I’ve also been scammed once quite sometime ago, with even worst naivety than you.. an expensive lesson learnt but I never fall for the trap again since..

        • +1

          There are no issues in dealing with paypal (edit: Friends and family payment) if you are collecting in person. You don't get protection either way, but at least you aren't carrying money around, and you don't have to bother with a trip to the ATM.

  • +3

    …but do you expect people to buy something after reading user agreements all the time.

    While I sympathise with you on your current situation, I would say that you should always read the user agreements and/or terms and conditions - of everything. It's time consuming, but it's a good habit.

    • -7

      The fallacy is in thinking that reading user agreements will protect you. I personally find them a waste of time for any generic service. So far, the time saved by not reading them exceeds to value of what I've lost, so it's working for me so far.

      A better piece of advice would be to understand that you don't always win. Sometimes in life you get f'ed over. Sometimes you f' other people over. As long as you're f'ing other people 51% of the time, you're coming out ahead.

      Hard as it is, you just gotta let those other times go.

      • +4

        The fallacy is in thinking that reading user agreements will protect you.

        A user agreement isn't there to protect the user (in fact, they're there to protect the service provider!). Reading and understanding it allows the user to make more informed decisions and take calculated risks.

        For eg. Had OP read the user agreement earlier and understood that he's not "protected" for this transaction, he may have realised that he was taking a big risk with his money and not gone through with it.

        • -2

          Maybe. But people aren't computers, they can't remember every little detail in a user agreement. Even if they did, they can't factor all the nuances and interpretations together and weigh up the risks, and even if they could, there's no guarantee the staff at Paypal will follow the user agreement! Sucks but it's true.

          At some point you just have to accept it, everything's a risk. You can do whats reasonably possible to minimize it, but you never completely eliminate it.

          The OP isn't wrong for getting angry; Paypal markets itself as protection for shopping online. If they're going to assume that outfit, then they should go to great measures to inform users when a transaction isn't covered by their policies.

        • +1

          @outlander: They don't need to understand and remember every little detail. Usually a quick skim will tell you most of what you need to know. In the world of online transaction ignorance is NOT bliss. gumtree is very clear they offer no buyer protection whatsoever, gumtree itself though is an avoid at all cost place to buy or sell.

        • +3

          @gromit:

          Yes, thats true, the gumtree one is probably a special example of one thats more well known, but in general its impractical. I don't check the paypal t&c for every store I shop at to see if its covered or not. Usually if its something I see here, I jump on it straight away. That includes chinese sites, amazon. I assume by default that if there is a problem, paypal will be there for resolution, an assumption paypal itself markets itself on. So how was OP supposed to know that gumtree was the special exception that wasn't covered? Especially since its owned by Ebay? I don't think thats fair to put that on him

        • +1

          @outlander: If you are going to use paypal as a primary means of payment then it is on you to understand the limits. Paypal does not offer complete protection even for those transactions that have buyer protection. you may be happy to only lose out 49% of the time, personally I keep my lose transaction rate in the sub 1% range.

          if you use paypal a lot then you should read things like this
          https://www.choice.com.au/shopping/online-shopping/buying-on…

          which points out quite well that paypals protection is better than nothing but probably worse than what you get with a bank or credit card.

        • lol either f them over or get f'd over? Seriously I've done neither and I'm way ahead in life.

        • @gromit:

          you may be happy to only lose out 49% of the time, personally I keep my lose transaction rate in the sub 1% range.

          Well, that was more of a general life philosophy. In reality, I don't think I've actually ever lost money in a transaction online, even though I've made some pretty risky moves and probably traded close to 30K online. But that doesn't say to me that I'm smart, that says to me I took an overly cautious position with not enough risk, and should have trusted the system/people more

          @gimme

          In life we f people over without even realizing it. It's why you should always practise a little tolerance for others mistakes, at least until you can figure out whether it was intentional or not.

        • @outlander: fair enough. My philosophy is simple and one of the reasons I use this site. My money is my money and I want to be well in control of how it leaves my possession. That means:

          I am 100% aware of the terms and conditions of my credit card, including mechanisms for fraud and chargeback, the insurance they provide and items they exclude.
          I am aware of the rules governing wire transfers and cheques.
          It means I understand the rules around paypal, include the very real limits on buyer protection and when it does and does not apply.
          It means I understand the rules around how someone paying me can also challenge those payments and screw me after the transaction has completed.
          yes I have read the terms and conditions for all, I have also read them for my various insurance policies. If you don't know where the gaps are you won't know when you are about to fall into a hole you thought was safe ground.

          These are not onerous things to research and be forearmed with. I know not to do large transactions with paypal or business with gumtree full stop, I know the gaps and limitations in the various protections and insurances and try to avoid ever doing transactions in those gaps. Being paranoid with online transaction is probably the most healthy state to be in as they really are "out to get you".

          Interestingly the only time I have been screwed was an in cash transaction where I did not 100% check the full contents of the box of parts I had bought as after all it would take huge balls to scam someone face to face with the goods in view (turned out I was wrong and his balls were massive and I learnt a valuable $300 lesson about 15 years ago).

      • Gee wizz Ma, look at all the negs! The anal-retentive faction here can't handle being told that playing by the rules in a rigged game won't protect them

    • Have you ever read a contract that most people would just tick "agree" to, where you found a clause that you were unhappy with and didn't sign up to as a result? If so, what service was it, and what did you use/do as an alternative?

      • Have you ever read a contract that most people would just tick "agree" to, where you found a clause that you were unhappy with and didn't sign up to as a result

        Finding a clause you don't like doesn't necessarily mean that you shouldn't signup to a service. Especially in cases where there aren't many alternatives. Depending on your own circumstances, you may still sign up because it meets some of your needs, but you should at least understand the limitations of what you're signing up for.

        I can give you two types of examples off the top of my head right now where I wouldn't sign up for because I don't agree on their conditions, etc:

        Firstly, competitions where you must enter a mobile number and one of the conditions of entry is they're allowed to send it to their "affiliates for marketing purposes". I value my spam-free mobile too much to sell it for an entry into a competition. The alternative would simply be to not enter the competition.

        Then there's subscription-based services that are "free" for a month or so on the condition you put credit card details in and you agree to allow them to charge your card if you don't cancel by the end of the free period. Alternative is to not take the bait to use that service for free. I never take the "free stuff" with that condition because I know that I'm not going to cancel it in time before the first charge.

        • I never take the "free stuff" with that condition because I know that I'm not going to cancel it in time before the first charge.

          You can always sign up to these and immediately cancel your payment details. pretty much all of these kinds of services will continue to give you the remaining access, and if they don't then you have lost nothing.

          As for "Free" competitions, spot on with your assessment that it's going to turn your mailbox or mobile into spam. That's their business model and selling your data is the reason I never use these. Same thing with "Win a car for only a $1 ticket!".

          Was more interested in knowing how the below advice paid off for you:

          would say that you should always read the user agreements and/or terms and conditions - of everything.

  • +31

    I will be the first to say it, Gumtree is for face to face transactions, I think there is little chance of getting your money back. This will probably end up having to be chalked up as an expensive lesson.

    • +10

      You're definitely not the first to say it. I think it's been repeated on this website to the point of it becoming an OzBargain cliche/meme, like "Bikies?" or "the $80,000 investment vehicle".

      While it would be lovely to live in a world where we didn't have scammers, the reality is that common sense needs to be implemented in every scenario you go through. For Gumtree, this means:

      1. Inspect goods prior to payment.
      2. Only process payment once both parties are satisfied with the transaction.
      3. Deal in cash only.

      Even Gumtree advises users of the risks, and likely scams.

      Sorry to hear about your loss OP. It was an expensive lesson to learn.

      • +1

        You're definitely not the first to say it.

        Meant in this comment section, but yes has been said countless times before.

    • +2

      Agreed, NEVER use Gumtree for buying things if it's not face to face!!!

  • +7

    gumtree = scumtree

    • +2

      Scum/Scamtree, feeBay and PinchPal.

      Can't live without them though, well maybe scumtree if you're not on a methadone program.

  • +6

    write to the checkout on the ABC.

    • +2

      Also a letter to the editor of your local newspaper and your local MP

  • +1

    but do you expect people to buy something after reading user agreements all the time?

    You should more often, rather than assuming.

  • +1

    why the subject has "link"???
    Got Scammed on Gumtree Using Paypal Link

    means they sent you some other link than paypal? please be clear and detail about how you get scammed.

  • +9

    Firstly, sorry to the OP - that stinks. I think Paypal clearly implies and is thumbing the line at misleading conduct - making it appear that they provide some level of protection on Gumtree purchases. Otherwise there's very little reason to use them - and I'm sure I had this perception as well.

    Secondly, I think there's definitely a growing number of criminals - and yes, they are criminals - deliberately taking advantage of Gumtree as a vehicle to scam non-local buyers. In short, they know to post up an item thats desirable to many folks who will be willing to buy via post e.g Expensive phone/IT item.

    The item is advertised at a very good price - not "Thats too good to believe" e.g iPhone X for $100 - as that would raise warning bells. But it's at a wow thats a great price SO I HAVE TO ACT FAST e.g Gumtree market value $1k phone for $600-700.

    Any responses from local buyers are ignored - or they perhaps say a reason they can only post the phone e.g too busy with work etc. But what they really want is someone interstate or long distance to see the ad and call/contact and say yup I'll take it can you post? WHY YES THEY SAY.

    Often the buyer KNOWS they should get real world info e.g copy of seller drivers licence, confirmed street address via a bill in their name etc - BUT they're on such a good deal they feel awkward asking for this as they don't want the seller to say,"Ah I've got other people who are local wanting to buy - so forget about it!"

    So the buyer is super keen to push through as bargain buy and so pays ASAP.And the seller is never heard from again. Very simple, effective and not much of a papertrail etc to follow. I reckon this is the blueprint for a lot of scams that used to be on Ebay and now are on Gumtree.

    • +1 Spot on and summed it up nicely! Price for grabbing a high risk bargain can be painful, sadly.

      Wish you good luck OP and hope you'd be able recover the money.

  • +18

    Gumtree = face to face cash only. This is rule 1 of gumtree.

    • Surprised that a lot of people still have not got this one as of today. Gumtree = cash/goods exchange. Period.

      • +3

        I'm not sure why a period is involved?

        • He's suffering from PMS

  • +1

    Surely you have the seller's details?

    • Would those be the actual details, except the PayPal ID?

  • -7

    I consider myself a very smart buyer, dont get me wrong. I think I fell for the Paypal. :( I learned my hard lesson that Paypal is no protection anymore.

    • +2

      Only because you used it on Gumtree. Also if you'd used a credit card you could have done a chargeback.

    • +6

      Clearly you are not a very smart buyer, sorry, but it's the truth if you fell for a scam like this. Lessons like this do teach in how to be a very smart buyer in the future though.

      The lesson to be learned isn't that PayPal has no protection (it has great protection), but that using it as a method to directly transfer money, rather than be paid as an invoice from the seller - results in no protection.

      It might be worth going to the police and reporting it as a theft/fraud, have you tried that?

      • -1

        using it as a method to directly transfer money, rather than be paid as an invoice from the seller

        This isn't true, every PayPal transaction I've ever done is sending money directly, and I have had 3 or 4 successful disputes in the couple of years using it.

        • +1

          You've never bought anything off eBay and paid for it via PayPal?

        • @c0balt: On ebay the seller doesn't send you a PayPal invoice. But in any case I was thinking of buying and selling on Facebook groups.

        • +1

          @Quantumcat:

          Checkout/invoice.

          When I wrote direct payments, I was referring to sending money directly without an invoice or checking out. It's a direct money transfer, not a payment for a product.

    • +1

      /r/iamverysmart…

      jokes aside im sorry for your lost, better chew the pill and take that as a lesson to only deal face to face

    • You consider yourself a smart buyer? You're delusional.

  • +2

    I wouldn't buy anything on gumtree over $100 unless I see the goods in person.
    Common sense man.If you got their mobile no. pass it to the police and see how it goes.

    • Lol police love mob numbers.

  • Looks like you failed to adhere to the timeless rule. If it's too good to be true, it probably is.

  • +2

    I think it's a pity with Gumtree that it allows anonymity. If Gumtree (dare I say it) at least confirmed our phone number, that would be something. It is quite a bit of trouble to get a new ph number regularly if you're a scammer. And phone numbers can be traced - as far as I know you can't apply for phone account / number without the telco knowing all your details (if it is the first time). Then it could be reputation based, as is ebay.

    • Anyone can get a $2 prepaid sim from colesworth though? I don't believe they ask for any id?

      • +2

        You have to provide id (eg licence number) to activate it

        • -1

          If your going to scam on gt logic says U have no problem buying a guy afew drinks saying hey check out my awesome lisence pic what's yours like then memorising the number to register lol. He wouldn't even know what you had done…

  • +3

    Assuming what you're saying is complete and correct,

    Have you considered
    - Police
    - Financial Services Ombudsman
    - Potential ASIC re GumTree enabling fraud

    • +5

      waste of time

    • I might think of latter two options if Bank says no but Police is useless in these cases as this is not a criminal offence at first place in their mind. This could very well be a civil matter. Thanks for the ideas though.

      • I just wrote to Paypal official in Sydney.
        The way they handled my case is ridiculous. They closed my case first for invalid reason(they accepted the mistake) and then came back and said it is not eligible.

        Complaint contact
        Ms Kirsty Poole
        Customer Advocacy Manager
        PayPal Australia Pty Limited
        GPO BOX 351
        Sydney NSW 2001

  • +1

    I've purchased a $1000 laptop via Facebook & Paypal. Got scammed hard, however because we used the invoice system in paypal I was able to claim successfully.

    Did you select buy goods or send money?

    • +1

      It was an invoice sent by the seller to my email address. More so it is definitely Buy goods as I can see the dispute option under the transaction which to my impression doesn't come in case of send money. I know I did this mistake of not looking in to things in detail something I attribute to my blind faith on Paypal so far. I admit making that blanket assumption.

  • Did you send the money via family and friends option or goods and services? If family and friends option, you're out of luck, and it's your fault.

    • It was an invoice sent by the seller to my email address. More so it is definitely Buy goods as I can see the dispute option under the transaction which to my impression doesn't come in case of send money. I know I did this mistake of not looking in to things in detail something I attribute to my blind faith on Paypal so far. I admit making that blanket assumption.

      • +1

        So you've already disputed the transaction and Paypal said no? That's not right. It doesn't matter where you negotiated the purchase. If the seller didn't deliver the goods, you'll get your money back. Try giving them a call?

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