PayPal Dispute with OzBargainer - Anything I Can Do?

update Shung has posted my full name and all our texts: https://ibb.co/3pmzcDR

Hi guys anyone know what I can do in this instance?

Sold a laptop on ozbargain via paypal. The buyer kept it for a month then told me the fan is too noisy

He has now lodged a complaint with PayPal that the item wasn't as described and PayPal is siding with them

PayPal said even if the buyer is lying or committing fraud there's no protection for sellers. They told me I would win the case and now they are saying they made a mistake…

One of the staff said I need to receive the item back then lodge a counter claim saying they didn't send it back in good condition… Wtf?

I have all the texts emails and photos where the buyer admits lying. PayPal said they cannot review any information unless it's from the buyer.

The special HP warranty I gave the buyer also let's hp go to his office or home and fix or replace on site for free. No cost and no delays.

.——————-
Hi Mark,

I finally started up the laptop last night and spent a couple of hours setting it up. Unfortunately I could not come to terms with the loud noise from the ventilating fan and as exaggerating as it sounds, it gives me a headache everytime I hear the noise.

Would it be possible for me to return the laptop? I will of course be happy to bear the cost of shipping the laptop back to you and am only seeking the refund of $1600 and nothing more.

I really wanted it to work and I am sorry.

Shung

Hi there Shung, that's strange are you running it in high performance mode? And have you done all the windows and Lenovo updates. It was sent in factory reset mode so there is a lot of updates.

The warranty is very good HP will come to your home or work for free and fix or repair or replace as need be if there is a problem with the fan. It should be quiet unless gaming or in high performance mode. Happy to call HP for you if it helps or find the warranty number and pass it to you. If you're still unhappy after they visit you, they should be able to replace it with a new one.

I'm just at work at the moment but let me know later how I can help :)

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      • I honestly doubt there'll be a serious enough issue to replace it. I've had a few HP laptops (admittedly not an OMEN) and they all had issues with heat, loud fans and thermal throttling.

  • Does anyone know how I can edit my post to post an update

  • RESPONSE FROM AFCA COMPLAINT

    As the buyer provided tracking to show the item was returned to you, the dispute was closed in their favour.

    From: PayPal Customer Service
    PayPal’s Office of Executive Escalations Ref:8103272/TS
    1/10/2019 at 09:24 pm
    01 October 2019

    Case reference: 8103272

    Dear Mr Mark,

    Re: Recent enquiry to Australian Financial Complaints Authority about PayPal Australia Pty Limited

    PayPal has received notification that you recently filed a complaint with the Australian Financial Complaints Authority regarding your PayPal account. We refer to your recent correspondence with the AFCA dated 11 September 2019, AFCA case number 666236. I have reviewed your claim and provided a summary below.

    Your complaint:

    You have contacted the Australian Financial Complaints Authority to express your dissatisfaction with the outcome of the dispute PP-D-39167724, in which you were the seller.

    Details of the case:

    Mr Mark, a review of your PayPal account with the registered email address ***.com shows that on 03 August 2019, you received a payment of $1600.00AUD for the sale of ‘OMEN HP - 17 -An062tx Part no. 2JQ43PA’.

    Subsequently, on 28 August 2019, the buyer filed a dispute on this transaction, citing it to be significantly not as described as his complaint reason.

    When we are reviewing a claim, we take an objective view. We look at what the buyer is claiming versus the seller response along with other factors on both accounts, in order to make a fair and reasonable decision for both parties.

    As the buyer provided tracking to show the item was returned to you, the dispute was closed in their favour.

    I appreciate that you have stated that the item was returned to you damaged. In order to review this matter further, you were requested to provide us documentation from an independent evaluator, showing that the item was damaged, and the cost of repair. Please note that we are unable to accept the email you have previously provided. The document must be on a letterhead paper, which includes contact details for the evaluator.

    Please bear in mind that our claims process is an arbitration service we offer to help resolve disagreements between buyers and sellers, but as you can imagine, it is extremely difficult for us to reach a decision that satisfies all parties. We deal with all cases objectively and with the intention of making a fair decision based on verifiable information, which is available at the time.

    That is why we require confirmation from a retailer, appraiser, or a merchant certified within this area to confirm the item is damaged. Once you complete this step, I will revert to you with an updated outcome as soon as possible.

    Details about PayPal’s User Agreement effective 10 July 2019 (Terms and Conditions):

    Upon opening a PayPal account, you agreed to be bound by the terms of PayPal's User Agreement. Furthermore, by electing PayPal to process payments on your behalf, you agreed to any updates to the User Agreement as well.

    Please find below sections of this agreement relevant to your complaint:

    About Your Account

    Selling and Accepting payments

    Conclusion:

    If you have any questions or require additional information, please feel free to contact me at [email protected]. Alternatively, if you are not satisfied with PayPal's resolution or handling of your dispute you may wish to contact the Australian Financial Complaints Authority:

    Phone: 1800 931 678

    Australian Financial Complaints Authority

    GPO Box 3

    MELBOURNE VIC 3001

    PayPal is a member of the Australian Financial Complaints Authority, an independent external dispute resolution scheme covering PayPal's Australian Customers. For more information on the Australian Financial Complaints Authority you can also consult their website at www.afca.org.au.

    Yours sincerely,

    Tracey Smith

    Executive Escalations

    • What happened to the laptop? What did HP say when they came to look at it?

      • +4

        Hi there it's best I don't comment until after the case is finished.

        HP has provided a report that I've passed on to PayPal

        I've also spoken to the company that was hosting the images of my name and address that the buyer posted and they have removed them today

    • +1

      Damaged hey….

  • next time cash only - live and learn really. the fact it was a fellow ozbargianer puts a real sting in it though

  • +4

    Thank you everyone for your help.

    AFCA and PayPal made me an offer today of $291 and I pay the $41.90 PayPal fee out of that.

    Overall I am happy

    It took a loooong time and not sure what happens if I don't accept.

    HP replaced the screen once the laptop came back to me but since it cost me 0, I couldn't really claim anything.

    Ended up selling it again shortly after it came back at a little less.

    Overall don't deal with PayPal . Skip calling them for 4 hours. Go through afca

    Will thank the guy that recommended it personally

    • Overall don't deal with PayPal . Skip calling them for 4 hours. Go through afca

      I would assume AFCA would need proof that you have attempted to resolve the issue with the merchant. Otherwise, it would make you look bad.

      • Yeah true, just don't spend too long I mean like I did hehe

    • +8

      Just in case no one says it, thanks for posting the resolution.

      Threads like these have a tendency to explode, and then disappear with in a whisper, so its good to get a conclusion.

    • +1

      So how come the screen was damaged?

      • No idea. I'm reluctant to to blame the buyer as I don't have proof it was him. It went good came back damaged :)

        Let's say auspost? Or whoever

        I won't be dealing with PayPal again.

        I also videod me opening the package (which is harder than it sounds haha) but PayPal wasn't interested in any footage.

        They kept telling me to get HP to write a formal letter with their letterhead (they sent two emails confirming it) but won't do it on letterhead

        All well. Thank god it's over haha

        I'll go back through and work out who to thank! Next stop is pixel 4 for tomorrow lol

        • What kind of damage was it?

          Glad the drama is over for you mate

        • +2

          So now we know why he changed his mind after using it for a month, he broke the screen!

  • Great outcome. Happy to hear.

  • Thanks for posting your story here.
    I won't accept Paypal after reading this.
    And it sucks to hear about the sad way it worked out with another ozbargainer, not any better than gumtree.

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