PayPal Scam - Chargeback $1450

Hi All,

Seeking desperate help for a paypal chargeback/scam. ( Will try to be as brief as possible)

I had sold a brand new sealed phone on eBay in Sep 2019 which was paid by the buyer via Paypal. My ad on eBay clearly stated that there are no warranties or returns accepted. The buyer then contacted me within 10 days advising that mobile had battery issues when I provided him an Invoice to have it repaired or replaced directly from the manufacturer. I assumed the issue was sorted as I havent heard back from the buyer in Sep.

Buyer had then lodged a case with his financial institution 2 weeks ago advising the product I sold was defective and not as described.(Please note mobile was brand new and sealed). Paypal contacted me and I had provided all the required info as described above and today I received an email from Paypal with a note as per below

" We've been working with your buyer's credit card provider to dispute your charge back case. Unfortunately, the card provider has decided the chargeback in the buyer's favour "

I have been on the phone with them and they have not been of any help.. they advise that the decision has been made by buyers financial institution and the buyer had the right to dispute this within 180 days of purchase. Paypal is advising me to court or contact the buyer directly which i have tried but his phone number is no longer working.

My paypal account is now in negative since last 2 weeks and have already started receiving calls from collections .. who also threaten me saying my there will be a default lodged against my name if I dont add funds asap.

P.S Buyer hasnt contacted me/ returned my mobile which is deemed to be faulty, his account on eBay is no longer operative and paypal has declined to contact the customer on my behalf.

Looking for suggestions how i can further dispute this ?


UPDATE : Below is the hopeless response from PAYPAL post complaint .. Would never deal with them again !

Thank you for contacting PayPal. As you know, one of your buyers filed a chargeback against you with their credit card company. Unfortunately, the credit card company has decided this case in favor of your buyer, and we had to reverse the transaction from your PayPal account.

Generally, a credit card company will only require the buyer attempt to return merchandise or make the item available for pick-up. Should a buyer satisfy this requirement, the chargeback could be found in their favor. If the option is available, we still attempt to dispute the chargeback with the credit card company. Our Seller Protection Policy covers claims, chargebacks, or reversals that are a result of unauthorized purchases or items your buyer didn’t receive. In this case, your buyer claimed that the merchandise they received was different than originally described, and this type of claim is not covered under PayPal's Seller Protection Policy.

We’re sorry you experienced a problem with this transaction and encourage you to contact your buyer directly for resolution.

Note:

If a transaction is eligible for seller protection, it will be marked as eligible or partially eligible on the Transaction Details page. If it is marked as partially eligible, you are only protected for items a buyer didn’t receive.
To learn more about fees and how we investigate transactions, click Legal at the bottom of any PayPal page and then click PayPal User Agreement.

It is my pleasure to assist you. Thank you for choosing PayPal.

Sincerely,
Amanda
PayPal Chargeback Division
PayPal

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Comments

        • Retailers have:
          1. Warranties
          2. Insurance
          3. Return Policies
          4. Lawyers

  • +16

    My ad on eBay clearly stated that there are no warranties or returns accepted

    Scammer is doing exactly what you asked.

    • -1

      Suggest OP read PP rules and regulations as buyers are fully protected no matter what you decide to put in your Ad .

      • Though there cards they have 0 liability free to recall funds at will.
        Credit card fraud is getting worse every year.

    • My ad on eBay clearly stated that there are no warranties or returns accepted
      Scammer is doing exactly what you asked.

      Not exactly as the OP asked - he is claiming a refund under the ground he claims it is defective (warranty claim)

    • Due to the whole chargeback system with the card schemes there is no such thing as "no returns".

      • That's exactly what happened. Just in reverse.

    • i think he meant no warranties and no returns accepted but worded it incorrectly or was not explicit enough

  • +4

    Sell phones on Gumtree with cash on delivery.

    • Public place. I use to buy used phones to fix, some very shady people.

  • +12

    Not sure why everyone is ignoring the fact that PayPal has clearly and almost knowingly made themselves an accessory to a crime. Sure, OP perhaps didn't understand how eBay works but that doesn't excuse them from taking money that is rightfully his without sorting the situation out. If PayPal decided in the buyer's favour, that should mean they need to get the buyer to give the phone back before they give him back his money.

    This is why eBay is going downhill.

    • Paypal indemnifies themselves in the TOS everyone agrees upon using paypal. PP didn't decide in the buyers favour, the buyers bank did, a credit card charge back is won by the buyer 99% of the time. But, PP should have allowed OP the proper avenue to communicate with the buyers bank, because i really wouldn't trust PP to give a shit and put up a proper defence.

      Ebay will be switching to adyen payments this year anyway, so i don't imagine paypals reign will be much longer.

      • -1

        I had sold a brand new sealed phone on eBay in Sep 2019
        The buyer then contacted me within 10 days advising
        Buyer had then lodged a case with his financial institution 2 weeks ago advising

        The seller had ~12 weeks to provide the buyer with a solution before they decided to initiate a chargeback.

        • I have to agree, there is a period of 12 weeks here where it seems nothing happened.

          Seller can offer a repair before having to replace/refund and by law the buyer has to accept a repair first. This way the seller receives the item back, confirms the fault and can then proceed with either a repair, replacement, or refund.

          https://www.fairtrading.nsw.gov.au/buying-products-and-servi…

          Paypal probably should have confirmed that the seller made reasonable efforts before allowing a reverse of the transaction. However, if the seller did offer a repair to the buyer and Paypal has simply reversed the transaction, then this could get interesting.

        • The seller had ~12 weeks to provide the buyer with a solution

          It seems the seller DID provide the buyer with a solution…he provided the receipt to get it repaired from the manufacturer.

      • PayPal's T&Cs are enforceable dribble

      • According to the card scheme rules (Visa/Mastercard) the buyer is required to return or attempt to return the merchandise with tracking before their bank can push through this type of chargeback. Of course with Paypal due process does not exist however.

      • They do for the charge back but they can't for the item that was not returned.

    • where is paypal + which jurisdiction applies…?

    • Yes!!

  • Basically if I am reading this correctly your buyer has filed a chargeback with their bank and is claiming the goods are not as described/defective. I am not saying that the goods are this but this is the way the whole chargeback system is set up unfortunately. They paid for this transaction with a credit or debit card and by disputing it with their bank it is outside of Paypals dispute system. There is seller protection, but an important caveat is that it only covers "it wasn't me" aka unauthorised transactions or items not received disputes. It does not cover not as described or defective merchandise disputes. In theory the buyer is supposed to return the merchandise or at least attempt to return the merchandise and have some form of trackable proof of return as these disputes are governed by the relevant card scheme Visa/Mastercard/Amex before their bank pushes this type of chargeback through and obviously in this case they have not done so (in some cases they could send back an empty box with tracking). That being said your best and probably only option is to lodge a complaint with AFCA (previously FOS) about Paypal as they can make binding rulings as Paypal have a financial services licence and are required to be a member of this scheme. I would not sell anything on Ebay due to this type of thing myself ever again. Paypals argument is that this type of thing is a "cost of doing business" but my inner sceptic says to me that they are aiding scammers. One final thing is that an AFCA investigation might take a while to be completed but in the interim Paypal have to suspend any debt collection action once an AFCA complaint is made (if they don't they can face stiff penalties from AFCA) therefore if you make an AFCA complaint tell them that debt collection action has commenced. I hope this helps.

    • +27

      Any bargains on paragraphs?

      • +3

        Sorry my post was long winded but my simple point is that the buyer is meant to return the goods before one of these chargebacks is pushed through by their bank.

  • +1

    This is the reason why I don't take any bid from fresh ebay accounts when I sell.

    Tho I thought PayPal has some sort of seller protection offer to prevent this?

    • +1

      Scammer gonna scam, doesnt matter if they are new or not.

  • -8

    I suspect he's given you a broken phone, and kept yours.

    Since you haven't of opennd it, you wouldn't know its IMEI to

    • +5

      This makes no sense. Have you read op?

      P.S Buyer hasnt contacted me/ returned my mobile

  • -2

    Go to the Ombudsman with PayPal as the other party.

  • +12

    PayPal are dogs. No ethics whatsoever.

  • This is why I have whenever someone posts about some issue with something they bought someone always gets lots of votes with comments to just charge back.

    Things like this happen all the time, essentially theft, buyer has a phone for free.

    This shouldn't be allowed, for the charge back to go through the seller should get his goods back.

    • The buyer is supposed to return the goods as a condition of their bank pushing this chargeback type through.

      • Clearly not though, because they didn't and they got the money back.

  • +2

    Usually in Ozb, if something goes wrong with a purchase, Ozb #1 advice is charge back. Now table has turn.
    In my opinion, charge back is the con. Not the PayPal, what PayPal going to do if buyer change back? Ever thought of that ?

    • You don't seem to understand. Charge back is the way to get around PayPal scamer friendly system. PayPal is still very much the problem but yes a scammer can also take advantage of a charge back though then you may have more legal avenues to chase them whereas with PayPal your screwed

      • I totally understand you, change back to get around PayPal scams and now scammers paying back with the same protection which design for them. Is that sounds like table has turn?

        • Scammers have always used this method as well. Though at least with a bank the requirements to prove who you are are much much higher and therefore you have legal avenues to chase a scammer doing a charge back as they can't be an anonymous person like with paypal.

      • Charging back is the way to scam people. Buy something, receive item, charge back saying you never got it or it was broken etc, keep item and get money back, profit.

    • +2

      Totally agree, personally my opinion is that it should only be allowed in the case of fraud or where the buyer has legitimately tried to remedy the problem with the merchant and given them the opportunity to do so without success.

      I've worked somewhere that dealt with charge backs on a regular basis and reality was, if it was for a lowish dollar amount we would often let the charge back lapse without responding and just cop the fee, refund and loss of stock because otherwise you can spend more than that just investigating it in the first place and then dealing with the bank and buyer.

  • Is there no enforceable requirement for the buyer to return the item? Or is it always a freebie for the buyer as far as Paypal are concerned?

    • +1

      They are meant to before their bank pushes this type of chargeback through.

      • Yeah when I lodged a chargeback, I had to provide so much paper evidence of contact and responses with seller, what action I had taken to remedy, and what the sellers response was etc… I fail to see (unless buyer has lied to bank and made false claims, doctored emails etc), there’s no way the bank would action a chargeback! The bank usually also makes contact with the buyer to try to resolve also!

        • +1

          I had to do one of these chargebacks over a costly watch that I bought online a few years ago. When it arrived you could tell clearly that it was a fake but after the seller refused to accept a return and refund what had been paid I had to take it to a jewellers and get them to state in writing on a letterhead that it was a counterfeit. I had to give this and the other correspondence with the seller to the bank before they would push the chargeback through.

        • every bank is different. I didn't have to fill out any forms with my bank when i had a case, reported it over the phone.

          • @shadowangel: My bank basically told me that for a SNAD chargeback you had to try and resolve it with the seller first and even then you needed third party evidence to back up your claim.

        • I do not agree with this. We have our merchant facilities with CBA and there was once a case that a chargeback was lodged by our customers for a stupid reasons that wasn't to do with the product itself and was not in any fault from our end. The buyer later even admitted they are willing to withdrawal the charge back and we had written emails from them but the bank still end up taking the money and there was nothing we can do.

          So I would say most of the time if you get a letter for charge back it is pretty much over for the merchant.

          • @oz-eh: Not sure it matters so much who your bank is, rather the buyers bank. Maybe different banks have different processes, but I don’t think your own bank gets involved at all, they are merely the recipient of a request to reverse

          • @oz-eh: had the same thing happen to me a few years back, the customer rang the bank wanting to withdraw a chargeback claim. They still took the money.

            He ended up paying the amount plus $25 extra for the chargeback.

    • no there is no true enforcement by the bank or the third parties.

      • well our privacy laws protect banks just as much as customers. they get away with just about anything.
        everything should be reviewed by a third party, having the customers bank review the case and decide the outcome is so wrong.

  • +1

    So a charge back was filed with the CC provider and not a case via PayPal?

    I'm betting a stolen CC was used.

    Sorry OP.

    • Stolen or not the buyer can always choose to file the charge back with credit card instead of paypal even if the card was charged through PayPal.

  • +1

    Another mistake is selling Steam keys on eBay. Got burned by chargeback. Closed my Paypal.

    • Digitally delivered goods are prohibited on eBay. If you can't prove item was delivered how are you meant to win a chargeback.

      • Doesn't stop people from doing it.

        @Downero was it only steam key you were selling?

    • Only sell digital stuff to good accounts, one's that are legit and haven't been hacked. Still doesn't eliminate potential for scamming but reduces it savagly

  • Keen to find out the outcome. Once you have an acorn complaint, PayPal will start paying attention.

  • -2

    Please don’t bother the police by what is obviously a civil matter.

    • +4

      Sounds to me like fraud. That’s criminal…albeit not at a level the Police will want to bother with.

      • the Police flat out refused to follow up a similar issue for me.

        • I have someone steal 5k in goods from my warehouse TV, Eftos Machine, stock. police did not care. If they had stolen $5 from a bank they would have been crucified.

          Police will do nothing at all.

    • fraud is criminal not civil. If it is just a dispute about returning the item it would be civil, but as they have kept the item and done a charge back you are now well into the realms of criminal.

  • -2

    Don’t stress about the default threat. PayPal cannot lodge a default on your credit file and neither can the collection agency. People seem to always forget that. In order to be able to lodge a default on a credit file, a company must first have made a credit enquiry to your file.

    Telco, banks, electricity provider etc…

    For now it is the internal PayPal collection team, they have zero power. They will eventually sell the debt on to ARL for a fraction of the price, ARL will call you every 2 days trying to collect the full amount.

    If you still do nothing they will start telling you that you can negotiate a lower payout with them. So in your case $1450, you might be able to close your case by paying half of that if you drag it out long enough and negotiate hard.

    Obviously this is worth case if you cannot get a refund.

    • will ARL lodge a default on his file if he ignores them too?

      • -1

        No, the only thing ARL can do is take court action, which does not happen unless it’s a very large amount $50k+ as it isn’t worth it for them.

        • +2

          No, the only thing ARL can do is take court action, which does not happen unless it’s a very large amount $50k+ as it isn’t worth it for them.

          Another nice juicy incorrect post.

          They will chase anyone owing at least $2k. That's it. That small of an amount.

          Court fees, judgment, application will balloon that to $5k. They'll then apply to deduct your wages if you're employed. Or drag you in for a summons to declare your income and assets. Nice and embarrassing and wastes half of a day.

          Please stop posting as you literally have no idea what you're talking about.

        • +2

          I'm not an expert in debt recovery, but common sense tells me that is incorrect.

          Whilst I know there is a threshold at which they will chase and then eventually forget about it without taking court action, I doubt that threshold is at $50k. It must be alot lower than that, otherwise they'd be bleeding money.

        • Again, this is government funds recovery, so they can lodge default.
          In this case ARL would be acting on behalf of PayPal, therefore cannot lodge default

          • +1

            @Platinumtelecom: Wrong and I have experience in debt recovery.

            Do a google search on ACCC & Panthera and ACCC & ACM.

            Debt recovery companies can purchase the debt and have full rights to the debt. This includes putting defaults on your credit file for non payment.

            However they cant instantly put a default on your credit file. The debt needs to be outstanding for 30 days I believe and they will send you a Section 6Q Notice and then if you dont respond or pay the debt, they will then issue a 21D Notice and then a default can be lodged 30 days after that.

            • +1

              @nedski: Once again for the third time in this post, in these examples they are collecting debts on behalf of banks and telco providers, therefore they can lodge a default as both businesses are making credit Enquiries in the first place.

              Once again, if anyone want to argue this point, find me an example of a debt collector who has lodged credit default for unpaid private business bills or other funds owed that isn’t a financial institution, utilities provider or government debt.

              If you find an example I will eat my words and admit I am wrong

              • +2

                @Platinumtelecom: LMAO

                Yeah nobody can post an example like this without getting sued.

                Nice try.

                You have posted literally ZERO to back up your POV. Until you do, then you should be quiet.

                • @Typical16-bitEnjoyer: Here you go. A blog post from the founder of a sucessful debt collection agency showing the steps needed to list a credit default.

                  1. To default an individual you must be a member of a credit reporting agency, of which Australia has 3 major ones with Veda being the market leader. Once you are a member, you must have your customer sign an authority giving you access to their credit file.

                  So if Discounted is wrong, show me in PayPal's terms and conditions, user agreement or any other legal document where they have gained authority to access the OP's credit file.

    • +2

      In order to be able to lodge a default on a credit file, a company must first have made a credit enquiry to your file.

      This is completely incorrect btw.

      • Not sure if it is completely incorrect.

        Only credit providers can list a credit default on your credit file as per ALRC.

        I don't think PayPal is really considered a credit provider based on thr ALRC definition and the OP's relationship with PayPal.

        • +1

          PayPal is registered under APRA.

          PayPal can report to credit reporting agencies as a "speciality finance provider" via ARL. This will affect your rating in an unspecified way and make it difficult to obtain credit in the future.

          Regardless, PayPal generally sell small debts to collection firms, who hassle debtors, obtain Court judgments, then apply for Court granted wage deductions (attachments of earnings order) which then drastically affects your credit file and standing with your employer. This is easier and cheaper for them, more likely to prompt you to contact them, more likely for them to receive a return and increases the original debt amount you owe by over double.

        • +3

          This is 100% incorrect.

          The only requirements for lodging a default includes the debt being over a certain amount (I think $150), debt has to be outstanding for 60 days. Creditor has to first send a Section 6Q and then a 21D Notice.

          Discounted is giving bad information and his response of "Im right unless you prove me wrong" is quite concerning.

      • Sure, please find an example

          • +1

            @Typical16-bitEnjoyer: Carry on banking business doesn’t mean they have a credit licence. PayPal does not issue credit in Australia….and therefore does not conduct credit check.

            • +2

              @Platinumtelecom: You dont need to be a credit provider to list defaults on someones credit file. I can go to court to get a judgement that someone owes me money in a private dispute. I can then lodge that information with credit reporting agencies.

            • @Platinumtelecom: Yes they do. They also have an AFS licence for operating in Australia.

              https://www.paypal.com/au/webapps/mpp/ua/cfsgpds-full

              https://www.paypal.com/au/workingcapital/

              You simply don't understand the legal definiton of "issuing credit" nor that ANY debt can in some way be reported on your credit file.

            • @Platinumtelecom: you said “
              carry on banking business doesn’t mean they have a credit licence”

              here is proof you are wrong! (b)(i) “Advances of money”

              "banking business" means:

                               (a)  a business that consists of banking within the meaning of paragraph 51(xiii) of the Constitution; or
              
                               (b)  a business that is carried on by a corporation to which paragraph 51(xx) of the Constitution applies and that consists, to any extent, of:
              
                                        (i)  both taking money on deposit (otherwise than as part-payment for identified goods or services) and making advances of money; or
              
                                       (ii)  other financial activities prescribed by the regulations for the purposes of this definition.
              

              http://classic.austlii.edu.au/au/legis/cth/consol_act/ba1959…

              Time to eat words and admit you are wrong bud :p

        • -1

          If you google this exact scenario you will find many similar stories of PayPal debts being sold. Not a single one of them has confirmed any credit default on their name.

          Not to say the debt collector can or can't put a default on your file. I just wasn't able to find anyone saying as such.

          • +1

            @blackout134:

            you will find many similar stories of PayPal debts being sold.

            Not a single one of them has confirmed any credit default

            Duh. Because. Paypal. sold. the. debt. Exactly as I stated in this post.

            Once they sell it Paypal cannot record a default. They no longer have any rights under the original contract.

            Big corps don't have the time or inclination to chase small debts. They sell them. Get 20-30 cents on the dollar. They move on to the next chump.

            • @Typical16-bitEnjoyer: No. After selling the debt and the OP in the other forums not paying, they didn't get a default on the credit from the debt collector either.

              I didn't even mention the default being from PayPal themselves. I understand what a sold debt is.

              • @blackout134: A couple of random threads from Whirlpool is not "evidence" no matter how you string it.

                Depending on the collection mobs tactics will determine when and how they enforce the debt or report the default.

                • @Typical16-bitEnjoyer: Didn't say it was evidence.

                  There are people saying their negative PayPal balance got sold and didn't become a default whereas there is nobody saying the opposite.

                  It doesn't mean it can't happen but it does mean not all sold debts will affect your credit.

                  • +1

                    @blackout134: Blackout134

                    Your argument is embarrassing at best!

                    Yes there are people on whirlpool saying they didn’t get defaulted, those people are the exception and lucky ones! The argument here is whether they have the power! Whether they want to exercise that power or not is IRRELEVANT!

                    You are pretty much saying that if you rob a bank you won’t go to jail because not all criminals get caught lmfao!!!!

                    I had the exact same argument with some arrogant troll some years ago, proved him wrong with facts and still he believed he was right!

                    I learned that day, you simply can’t argue with stupidity in this world!

                    I’ve also posted link to legislation above which states that “banking business” has the power to advance money AKA credit!

                    • @neosin: If it wasn't obvious enough I was moreso trying to tell the OP to take Discounted's advice at his own risk as there were a few people who have gotten away with it. No where did I say "don't pay it because you will get away with it".

                      I'm sorry you were unable to comprehend basic sentences without getting into a huff. If there is any arrogance in these posts it is only your own.

  • +1

    Try the Banking Ombudsman about the Bank refunding his money without returning goods

    • It's known as AFCA now.

  • The same thing happened to me about a year ago with a Nintendo 2DS I sold. PayPal ended up refunding both of us though, but the figure was only $180. I would do as others say take the matter further and make PayPal accountable for the actions. It is clearly a loop hole that they know about in there business model that people can get away with stealing, pretty much.

  • +5

    Why doesnt paypal put the buyers account in negative?

    • This is a good point.

  • +2

    You got his address, find out where he lives and get some friends to pay him a visit

  • This is an issue.

    I recently sold a laptop and researched these scams before I did so. As part of my research I contacted both Paypal and eBay and their responses gave me zero confidence that they would protect me from these known scams.

    In the end, I was advised by friends and people off whirlpool to only accept cash on pickup.

    Kind of defeats the purpose of eBay, really.

    Anyhow, my business partner was scammed in a similar way. You have to make a police report and you should press both Paypal and eBay.

    I'd want to know, in writing, how and why they came to that decision and why they feel it's ok for that scammer to get away with your money and phone and then deregister from eBay… clearly a scam that they have allowed.

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