Challenging a fraudulent chargeback claim made via eBay/Paypal

[thewhitequeen]

Hello,

I am a private seller and recently sold a pair of trainers on eBay. 

Everything seemed fine until just after the eBay 30 day mbg had expired. 

The buyer contacted me with photos showing me that both shoes had ripped. 

He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay). 

He then initiated a chargeback via Paypal. 

Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers. 

I would have also been stung for the chargeback fee, but eBay refunded this. 

Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc.

I have been in contact with citizens advice, and my bank. 

Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose. 

To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'. 

In my mind, this makes the claim fraudulent. 

He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence. 

My understanding is that the chargeback is unlawful, because the trainers were shipped as described. 

However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman. 

Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback? 

I have reported it via the Action fraud website.

Any advice, anyone?  Would be most grateful!

[dx100uk]

a chargeback via a paypal account used in an ebay sale doesn't usually result in funds being sucked from your bank account,  just that you attain a paypal negative balance.

as you saying the money was taken by paypal from your bank account without you authorising this?

or is it directly the buyers name that is shown? regarding the chargeback

but either way you bank account HAS been debited?

dx

 

[thewhitequeen]

The funds were taken by eBay, rather than Paypal. 

I presume Paypal collects the funds from eBay, and so eBay then sting me for the money.  

But either way, before this money was taken from my account, my eBay account balance showed as -£85.  Yes, my bank account has been debited by this amount.

eBay say that they are completely removed from the chargeback process, because it is carried out by the buyer's financial institution. 

So, conveniently, they cannot help, other than by refunding the chargeback fee of £14. 

[dx100uk]

then the who thing cannot have anything to do with paypal then, they cant be involved at all.

chargeback fee? from whom never heard of that one either.

ebay/paypal must have changed their T&C's again then since the demise of brexit and EU agreements.

i can only assume he paid paypal, who acted solely a payment intermediary, to buy your trainers from ebay.

and ebay added a £14 processing fee? thats unlawful hence their refund.

i dont think there is anything you can do here sadly.

classic ebay scam that goes back +30yrs. just now rejigged for the 22nd century. 

typically it only resulted in an unenforceable paypal balance that you simply walked away from... but now ebay has obviously tightened up on losing out to these scammers and added an unlawful fee to scrap some of their historic losses back.