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Old 02-06-2003, 06:29 AM   #1
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Paypal chargeback of 320 dollars

I need a little advice. I sold an Atari 2600 with 173 games on ebay and it went for 305 dollars. As soon as the auction ended the lady who bought it started bitching at me. She kept asking me if it was a scam blah blah blah. I knew I was in for trouble with this transaction form the beginning.

To make a long story short she got the Atari, bitched about the way it was packed but still liked it. About three weeks later she demands a full refund because she said that I misrepresented the item. I told her that I am not a Wal-Mart and all sales were final.

Now I get an e-mail from paypal saying that she filed a complaint against me for fraudulant goods or something like that. The nice part is that paypal denied her claim, but now she went back to her credit card company and filed a chargeback complaint with them!

Isn't what she doing fraud? I can't possibly believe that a credit card company would give somebody back 300 bucks without making them at least return the goods. That almost seems criminal to me. If they were to award her that money then I would be out a total of 500+ dollars with auction costs and the original cost of the goods!

Any suggestions?
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Old 02-06-2003, 06:33 AM   #2
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The credit card companies defer to the card holders complaint over the merchants. They want happy cardholders because cardholders pay the bills. They know merchants need them and can't go anywhere else.

Its mindboggling to think in the US we have only Visa, MC, and Amex together controlling nearly the entire credit transaction industry. Talk about a monopoly in the marketplace.
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Old 02-06-2003, 06:35 AM   #3
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Do you know where she lives?

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Old 02-06-2003, 06:38 AM   #4
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Quote:
Originally posted by Rex
I need a little advice. I sold an Atari 2600 with 173 games on ebay and it went for 305 dollars. As soon as the auction ended the lady who bought it started bitching at me. She kept asking me if it was a scam blah blah blah. I knew I was in for trouble with this transaction form the beginning.

To make a long story short she got the Atari, bitched about the way it was packed but still liked it. About three weeks later she demands a full refund because she said that I misrepresented the item. I told her that I am not a Wal-Mart and all sales were final.

Now I get an e-mail from paypal saying that she filed a complaint against me for fraudulant goods or something like that. The nice part is that paypal denied her claim, but now she went back to her credit card company and filed a chargeback complaint with them!

Isn't what she doing fraud? I can't possibly believe that a credit card company would give somebody back 300 bucks without making them at least return the goods. That almost seems criminal to me. If they were to award her that money then I would be out a total of 500+ dollars with auction costs and the original cost of the goods!

Any suggestions?
One good thing about paypal is that they get really pissed when people charge back to credit cards on bullshit claims. I'm sure paypal opened a chargeback investigation on the transaction but don't worry. Guess who's account gets suspended permanantly when it goes through. Hers. We have had a few people throw that threat at us over the last couple of years and I tell them to go for it. Charge it back. Hope you get used to sending checks in the mail from now on. Unless something major has changed you should have no problems.
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Old 02-06-2003, 06:40 AM   #5
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you wanna read some scary shit about Paypal. Read this from an ex-manager at Paypal.

http://www.paypalsucks.com/forums/sh...29&old_block=0

rest of the thread

http://www.oprano.com/msgboard/index...1820&hl=paypal
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Old 02-06-2003, 06:40 AM   #6
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You have her address since the items were shipped to her. I say write a threatening letter to her about the fact that she is committing fraud and you'll file suit in small-claims against her unless she returns the item or pays for the item.

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Old 02-06-2003, 07:21 AM   #7
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That is what I was planning to have as a follow-up question. If shei s out of state can I take her to small claims court in the case that she does get her money back?
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Old 02-06-2003, 07:26 AM   #8
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How did you ship it? Recipt required? So, you have her signature.

Talk with Paypal, let them know that you can furnish e-mails, her signed delivery slip, etc. Let them take care of it.
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Old 02-06-2003, 07:28 AM   #9
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Originally posted by Rex
That is what I was planning to have as a follow-up question. If shei s out of state can I take her to small claims court in the case that she does get her money back?
I don't know about the small claims court but I imagine you could. I do know that every time someone has tried to charge back something they used paypal to purchase from me they were the ones that ended up crying. They got their money back from paypal, not me. Therefore paypal gave them the boot for good. No bullshit second chances. Hopefully that hasn't changed since Ebay took over.
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Old 02-06-2003, 07:46 AM   #10
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How did you ship it? Recipt required? So, you have her signature.

Talk with Paypal, let them know that you can furnish e-mails, her signed delivery slip, etc. Let them take care of it.
Luckily I shipped it through Paypal UPS so they have full record of the transaction. I called paypal last night and they made it seem as if I get the brunt of it if she gets her money back from her CC. God I hope that's not correct but I imagine it is. There has to be something I can do.
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Old 02-06-2003, 07:49 AM   #11
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I'd be out of my fucking mind if that happened to me.

Call/Go see a lawyer and explain the case. Don't let the hysterical fuck get away with it.
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Old 02-06-2003, 08:15 AM   #13
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Sorry to say, but if she's able to charge it back, paypal will come after you and either deduct it from your account or if no funds are available put a freeze on it. Just make sure you don't have any money in there and wait to see what happens, but I know Paypal won't absorb the cost of a chargeback. However, if she does charge it back and doesn't return it, go after her hard. Since it's a small amount, find a lawyer near you that does work pro bono that way it'll be worth something.
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Old 02-06-2003, 09:08 AM   #14
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my guess is she is playing the atari right now thinking she got it for free.. some people have no conscience when it comes to theivery..if she didnt like it..why not e-mail you and try to work it out or just fucking sell it on ebay again..geesh
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Old 02-06-2003, 09:20 AM   #15
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...find a lawyer near you that does work pro bono that way it'll be worth something.
Now that would be a Houdini trick.
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Old 02-06-2003, 09:20 AM   #16
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I doubt any attorney not related to you by blood, marriage, or nookie would take a case like this as a freebie. Filing in small claims court is not that difficult though. Look in the blue pages in your phone book for either the courthouse or city hall and just call around and you will find someone who can give you instructions on where to get a form and how to file. Filing is usually cheap and small claims expects you to be a regular person who will speak regular English not legalese explaining your problem. If the "buyer" lives in your state, a small claims judgement against her will be easy to collect. If she is out of state, you are potentially more likely to damage her credit but not collect if you get a judgement. Of course, if you are related to or sleeping with any lawyers, I definitely recommend getting an actual pro opinion. Probably too expensive to pay for given the amount of the transaction though.

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Old 02-06-2003, 09:29 AM   #17
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kick her ass. she cant win, no way no way. if this happened to me i would take on all the legal costs necessary to make her pay!
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Old 02-06-2003, 09:45 AM   #18
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you wanna read some scary shit about Paypal. Read this from an ex-manager at Paypal.

http://www.paypalsucks.com/forums/sh...29&old_block=0

rest of the thread

http://www.oprano.com/msgboard/index...1820&hl=paypal
I got to be honest and say I just do not believe this.

We deal with Paypal and before anyone can buy they have to prove they own the card. This is done when the buyer initially signs up to Paypal and gives a CC number. PP then charge the card a nominal ammount of money, say 43 cents, with this charge is a 4 digit code.

The card holder then has to go back to the site and complete his sign up by filling in the 4 digit code and telling them the ammount. This proves the buyer has his statement.

The proof of the pudding is simple, in the one year we have dealt with Paypal we have had ZERO fraud.

As for the others they charge 15% a month, hold the money till the end of the month and withold 10% as a guarantee for 6 months. Against Paypals under 5%.

See a lawyer he will write her a letter for $50 that will put the fear into her.
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Old 02-06-2003, 09:49 AM   #19
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Same thing happened to my bro for $4000 but the guy actually put the stuff back up on ebay. He wound up filing a complaint with the internet fraud protection center at http://www1.ifccfbi.gov/cf1.asp and within a week he had his money back.
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Old 02-06-2003, 09:58 AM   #20
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I am in the same situation.... Except that I bought something from ebay and it was obviously defective and the guy wont return any emails..

How do I file something to suspend this fuckers account? and if I dont get reembursed I will do a chargeback... Now I see differeing views.... That will freeze my account or this piece of shits?
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Old 02-06-2003, 10:00 AM   #21
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Sorry to say, but if she's able to charge it back, paypal will come after you and either deduct it from your account or if no funds are available put a freeze on it. Just make sure you don't have any money in there and wait to see what happens, but I know Paypal won't absorb the cost of a chargeback. However, if she does charge it back and doesn't return it, go after her hard. Since it's a small amount, find a lawyer near you that does work pro bono that way it'll be worth something.
How do you know this? For the 3rd time I AM SPEAKING FROM EXPERIENCE.

We don't use UPS but we do get tracking info on big orders. More than once we have gotten a complaint filed from someone for not receiving, or not liking the product. Paypal started a case on it every time. We responded with tracking info, case closed. A couple put a chargeback on the c/c. Paypal opened a seperate chargeback case on the transaction. BOTH TIMES my account was left alone and the person that charged back had their account cancelled. I called paypal when the first case arose and they told me on the phone that if they were charging back and had received the merchandise THE COMPLAINING party would be the one that had their account closed. Not suspended closed.

From the emails I got both times bitching about me getting their paypal account closed I know this is true. Last one was about 5 months ago. So unless something major has changed I wouldn't worry about it.
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Old 02-06-2003, 10:05 AM   #22
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I got to be honest and say I just do not believe this.

We deal with Paypal and before anyone can buy they have to prove they own the card. This is done when the buyer initially signs up to Paypal and gives a CC number. PP then charge the card a nominal ammount of money, say 43 cents, with this charge is a 4 digit code.

The card holder then has to go back to the site and complete his sign up by filling in the 4 digit code and telling them the ammount. This proves the buyer has his statement.

The proof of the pudding is simple, in the one year we have dealt with Paypal we have had ZERO fraud.

As for the others they charge 15% a month, hold the money till the end of the month and withold 10% as a guarantee for 6 months. Against Paypals under 5%.

See a lawyer he will write her a letter for $50 that will put the fear into her.

PayPal charged me like 9% and did a holdback of 10%
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Old 02-06-2003, 10:06 AM   #23
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Now for all the hardheaded people on here that wont take my word for it.

https://www.paypal.com/cgi-bin/websc...ge=_login-done

This is what it says:


PayPal offers you a way to protect yourself against chargebacks when you follow the terms of our Seller Protection Policy (SPP). However, if your buyer files a chargeback against a payment to you and you have not followed the SPP, you will be responsible for the amount of the chargeback.

How hard is the SPP you have to follow? Normal damn business.

Be a Verified Premier or Verified Business Account (U.S.)
Ship to the buyer's Confirmed Address
Timely Shipment
Retain reasonable proof-of-shipment that can be tracked online
Ship tangible goods
Only accept single payments from single PayPal accounts
Ship to domestic (U.S.) buyers at U.S. addresses
Timely Response

Thats it. It's on paypals site. I have seen it first hand. If you still want to argue about it and ignore my earlier posts go for it. I don't know why I try to make a point more than once.
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Old 02-06-2003, 10:07 AM   #24
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PayPal charged me like 9% and did a holdback of 10%
Since when has paypal been in the business of holdbacks? I've done hundreds of thousands of $$$ in business through them over 2 years and NEVER had a problem. From the days of free all the way up to 3 months ago.
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Old 02-06-2003, 10:28 AM   #25
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The lady says she is sending the atari back but i haven't seen it yet. I told her all sales were final. This is bullshit. Can I opt not to accept the package?
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Old 02-06-2003, 10:33 AM   #26
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I need a little advice. I sold an Atari 2600 with 173 games on ebay and it went for 305 dollars. As soon as the auction ended the lady who bought it started bitching at me. She kept asking me if it was a scam blah blah blah. I knew I was in for trouble with this transaction form the beginning.

To make a long story short she got the Atari, bitched about the way it was packed but still liked it. About three weeks later she demands a full refund because she said that I misrepresented the item. I told her that I am not a Wal-Mart and all sales were final.

Now I get an e-mail from paypal saying that she filed a complaint against me for fraudulant goods or something like that. The nice part is that paypal denied her claim, but now she went back to her credit card company and filed a chargeback complaint with them!

Isn't what she doing fraud? I can't possibly believe that a credit card company would give somebody back 300 bucks without making them at least return the goods. That almost seems criminal to me. If they were to award her that money then I would be out a total of 500+ dollars with auction costs and the original cost of the goods!

Any suggestions?
some good suggestions in this thread. she signed for the items, so you have evidence the good were shipped. what is it that she says you misrepresented?
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Old 02-06-2003, 11:41 AM   #27
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Originally posted by KRL
The credit card companies defer to the card holders complaint over the merchants. They want happy cardholders because cardholders pay the bills. They know merchants need them and can't go anywhere else.

Its mindboggling to think in the US we have only Visa, MC, and Amex together controlling nearly the entire credit transaction industry. Talk about a monopoly in the marketplace.
not true... i bought a bass on ebay and when it got here it was nothing like what it was supposed to be so i emailed the people and told them i wanted a full refund and they offered me a refund for the price of the item but wanted me to pay shipping to ship it back (and they had some really stupid requests... double box it and do all these excessive things that they didnt do when they shipped it to me)... they fucked me on the shipping when it was sent to my house to i told them that i wasnt going to eat 80 bucks in shipping charges or accommidate their insane requests so i told them to arrange for a pickup at their expense or i was going to charge back... they refused... i charged back (because visa told me that they would support me)... turns out visa didnt support me because i still had the merchandise... the bottom line is that since she still has the merchandise they wont credit her account until she sends it back to you
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Old 02-06-2003, 11:48 AM   #28
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Don't pitch the bitch ;)
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Old 02-06-2003, 12:53 PM   #29
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Since when has paypal been in the business of holdbacks? I've done hundreds of thousands of $$$ in business through them over 2 years and NEVER had a problem. From the days of free all the way up to 3 months ago.

I met one of their reps at Internext and he worked pretty hard to sell me on their subscription service and how it was a lower % than who I was using. The guy seemed pretty on it and I was concerned about some of the industry shakeups, so I added paypal as a secondary processor for a month. My paypal rep told me it was standard for adult digital content for them to charge a higher percent and have a holdback. At first they said they were not going to have any awful fees like some some of their competitors, no sirree. Then they added a $1,500 fee for Visa/MC.

Has this not been other people's experience?

--Amelia G
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Old 02-06-2003, 01:02 PM   #30
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The fact that her bank allowed the chargeback is absurd. Obviously, she doesn't have a Visa card.

Visa's policy on Paypal transactions is this: Paypal is a 4th party in the transaction and Visa has no recourse on them, as Paypal was only an intermediary in the transaction, just like Visa was. All problems have to be dealt with either thru Paypal, or with the seller directly.
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Old 02-06-2003, 02:05 PM   #31
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She is bitching because she said the Atari was chipped in delivery. I had insurance I don't know why she didn't take it there? She waited three weeks to do anything about it. Apparently she has sent it back to me. I will give her a refund but I am not wasting my money on the shipping and auction costs. That is around 40 bucks right there.
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Old 02-06-2003, 02:20 PM   #32
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Luckily I shipped it through Paypal UPS so they have full record of the transaction. I called paypal last night and they made it seem as if I get the brunt of it if she gets her money back from her CC. God I hope that's not correct but I imagine it is. There has to be something I can do.
Doesn't paypal offer seller protection if the shipping address is verified? Ebay might as well
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Old 02-06-2003, 02:23 PM   #33
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Yeah they do but it is her CC that is charging back right now. Paypal is fighting for me at the moment.

And BTW my acohahahaha is onhold. Well not really but it is in -320 debt so if I make a purchace it will charge the 320 to my credit card.
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Old 02-06-2003, 11:44 PM   #34
Houdini
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Join Date: Dec 2001
Location: SoCal
Posts: 1,651
Stocktrader, the dispute isn't if she received it or not. She's saying it's not what she ordered. Who cares if she signed for it. Just because you receive something it doesn't make you liable for faulty products or whatever it is she's bitching at. I've had experience with a chargeback in paypal and I ended up paying for it.

Apr 4, 2002 Payment From xxxxxx xxxxxx Reversed 27.95 -1.11 26.84

This was over a item that I sold on a website where I had a 30 day return policy. Someone wanted to return it almost 3 months afterwards and I said no. They charged it back, kept the product and paypal deducted it from my account without saying a word.

And lawyers that do pro bono are all over the place. My girlfriend and her mom are both lawyers and they both do pro bono every Friday. Most of their colleagues do too. Just look in the yellow pages and ask. They all know each other, they'll refer you to someone.
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