Duped by Ebay seller into closing Paypal dispute. Need advice please.

[Dick Emery]

I purchased an item using Ebay and the seller did not send the item.

In my haste to get my money back I opened a Paypal dispute.

 

 

However upon doing so the seller phoned me to say that they needed the Paypal claim closed to refund me through Ebay and rather stupidly I did so.

 

 

Since then neither Ebay nor Paypal will do anything.

I am unable to reopen the dispute with Paypal and Ebay say they cannot do anything because Paypal have closed the dispute (even though they are supposed to be two entirely separate entities).

 

Now I could go the route of doing a chargeback through my bank.

But it was done on a Visa debit rather than credit card.

 

 

From speaking to my bank (Santander) that could entail some risk from Paypal challenging the chargeback which worries me.

The amount is only the relatively small amount of £36.49.

If Paypal were to be funny about it they could challenge it and possibly I incur some kind of legal fee? I don't know.

 

Given that there is that risk I would rather swallow the amount and admit I have been ripped off and to be very wary in the future of closing any disputes before a full refund is given.

 

Is there any other recourse for me?

[renegadeimp]

you wont incur any fee. get that chargeback going, and if santander starts being stupid, change banks. Theyre one of the worst out there for shrugging off their responsibilities.

[dx100uk]

paypal cant object to the chargeback

read their FAQ's.

 

 

go do it.

 

 

dx

[Dick Emery]

Hi. I just checked my Paypal and found I did not use a Visa card and had an ongoing debit setup with my bank.

An unsafe method which I shall be changing.

 

 

This is why Santander said it was treated as a debit (I got confused thinking she meant Visa debit).

 

 

Having the money go directly from my bank account instead of via card means I may be stuffed.

 

 

I was reading that only 15% of complaints using the FOS are successful.

This does not bode well for my case and the seller probably knows this too.

 

 

Santander can put my money back into my account but this raises a dispute with Paypal.

This is why I was concerned about doing so.

I do not wish to get entangled in any legal stuff and any costs.

[Guest roaringmouse]

You say the seller did not send.

how do you know that?

Did they send and you not receive or did they confirm they did not send?

 

Are you in the UK and the seller also?

 

How much was involved?

 

Sorry, you did say the amount.

 

Get through to ebay trust & safety.

They are not the same company as Paypal so it matters not what Paypal did.

 

 

They can confirm you have not been refunded and unless the seller can prove they sent the item you are entitled to your money back.

 

 

If you do a chargeback my experience is that paypal will immediately put your account into negative balance and close the bank link.

 

As far as buying on ebay these days goes, you would get a better deal if you just gave your money to a stranger in the street and hope they bring you something nice back.

[Dick Emery]

They confirmed via Ebay messaging that they did not send the item.

They had marked the item as dispatched (Because of the way Ebay and Paypal works they are pressured into doing this)

 

when I asked them for a tracking number they provided a Hermes tracking number

but in the same message told me there was a delay on the color I had ordered and would I like to choose a different color.

admitting they had not actually sent the item yet.

 

They apparently use a drop shipment method to order the item and then have it sent to the buyer.

Which is why they gave a number (which I could not seem to find on any Hermes site) and then asked me to choose another color.

 

It was then that I asked for a refund and got into this mess.

 

I have already hit a brick wall with that route.

 

 

I went through a number of customer service reps on the phone to no avail.

 

 

As far as they are concerned Paypal have closed the dispute and they are off the hook.

[Guest roaringmouse]

So, they are a business seller then. In which case, take the seller to court for your money back.

 

As a business seller they MUST show their full business trading name and address in ebay. If they do not, ebay MUST provide you with it. You can ask ebay to send you a form so you can sue the seller, which when they have that e-mailed back they WILL provide you the sellers name and address.

 

Have you asked the seller why they have not refunded you?

 

Without question, tell the seller that you are reporting them to the police for fraud unless you re refunded within 24 hours. And follow that through. Now the police will try to fob you off with 'it is a civil matter' but if they do insist on speaking with the duty inspector. If anyone takes money for goods and then does not supply the goods, that is a crime. If they sent you the goods and you didn't like them THAT would be a civil matter to some degree, but not supplying is deception. Especially so when they conned you into closing the Paypal dispute.

[Guest roaringmouse]

PM me with the sellers ebay ID and I will see if I can do anything.

[Dick Emery]

It's not allowing me to PM you as you have chosen not to receive private messages at this time.

[Dick Emery]

I've put in a fraud report with the police for all the good it will do (probably none) and Ebay trust & security team.

 

 

I've also made a complaint against Paypal with the FOS.

 

 

But I hear they are only successful in about 15% of cases.

I also left negative feedback warning others.

 

 

Because the sellers full address is not disclosed by Ebay I have no means of sending them a letter before court action.

 

Does anyone know how to get the full address from Ebay?

All they sent me in a user info request was their name and general location (Hounslow, Middlsex).

[ericsbrother]

I started an action against the UK MD of Ebay once, he no longer lists his address with CH, an offence that never gets punished. However, a lba to their registered office may get some movement as it is a business you are suing and they are supposed by law to list their address. If ebay havent ensured this has happened they can be held jointly liable for your loss.

[Dick Emery]

Do you mean send an LBA to Ebay? I do not have the sellers full address. Just to clarify.

[Guest roaringmouse]

Contact ebay trust and safety. Tell them you need to obtain the sellers full details in order to issue court proceedings. They will tell you they do not do that, but they do and must. You may need to insist on speaking with a manager but they will eventually send you a form which you need to fax or scan and upload to them at which point they will send you the sellers full details. You then can sue.

 

You cannot sue ebay as you have no transaction with them. Your transaction is with the seller.

 

PHONE Paypal and if you get through to anyone that sounds non english, terminate the call and dial again until you get through to the UK office. They are usually very obliging and CAN refund you. Make sure you refer them to your emails from the seller in which they confirm they did not send.

[Dick Emery]

Paypal have reopened the case. Hopefully they will fall on my side. Thanks for the advice.