Email hacked. 10 days passed from scammer buyer claim opened, now I am **bleep**. Help me!!!

[DPerry59]

Sold a 400$ iPhone via eBay to a "0" rated buyer. Buyer stated phone was "not as described". Long story short, I was able to prove to eBay that the phone was I. Fact as described, and they closed the return on my behalf. Funds given back. HERE is where I am **bleep**: Apparently, a case was opened by the buyer once again via PayPal, for the same reason. The problem is, My email address linked to my PayPal account had been hacked , and I was not able to view any emails. Paypal never called me, or even held the funds from my PayPal account, letting me know that there was a case open. It was ONLY through emails, which I could not access. After the 10 day window, I was shocked to see that a case was already closed in the buyers favor, due to me not knowing this case has existed to begin with due to not having access to my email. They never called me, or had a "there is an unresolved problem in the resolution center" thing on my summary. Nothing. I opened an appeal, explaining the situation, as well as numerous photos of screen shots and text messages, proving the buyer was in fact a scammer. (Phony name, unverified account, lieing about being the actual buyer by saying the phone number didn't belong to them) All I wanted was for PayPal to reconsider, and have them send my item back to me since he had his money already, plus the item. My appeal was shut down. At this point, I have proof that what's happening from the buyer is criminal, he even went as far as threatening me saying to "come see him if I have a problem". None of this was acknowledged by PayPal , and the appeal was closed due to original reasoning of mine not replying to case within the 10 day frame. I'm convinced human beings with common sense do not read these, but an automated system. What is the point of an appeal, if they do not look at any PROOF that I have shown. . I have opened an ic3 form upon PayPals request, but they are not taking any blame in anything whatsoever. In other words, one means if communication in which I did not have access to, was enough for them to justify me losing 400$ to a proven Phony. I am desperate at this point and need your guys best opinion on what to do. PayPal told me they will try to alert the buyer once again via email, but worse case scenario, his account will be blocked from being able to purchase items via PayPal... but how is that helping me? All I want, is my item back, or for this to be overturned since the buyer has the item . Thank you guys for your time. -Deb

[kernowlass]

@DPerry59

Shame really that you did not just let the buyer return the item for a refund.

Its not really paypals fault that you received no emails as your email account was hacked unlucky though that was for you

It also sounds as if the buyer did a chargeback via paypal rather than a dispute for SNAD, if that is the case then the card company make the decision and not paypal and the card company don't expect the buyer to return the item.

If it was SNAD and you don't respond paypal ''may'' also not expect the buyer to return the item.

However once the buyer has been refunded paypal can't force them to return the item to you.

You still have the option of contacting the buyer yourself and requesting return of item but you may need to send him a postage paid label. Failing that you may have recourse in a small claims court action?

Did you know that you can get the buyers phone number via Ebay? Advanced search top of Ebay pages > contact member left side of page and follow the on screen prompts.

[DPerry59]

Thanks for your reply. Yes, I was able to acquire the number. The problem is, the buyer is denying that the number belongs to them. They are threatening me, by saying that if I have an issue, to "come see them" as in beat them up or something. They talk like a gangster and they are clearly full of it. I showed proof of this to PayPal in the appeal, and it wasn't even acknowledged. Keep in mind the buyer has a 0 rating on eBay, so literally all of the information that are proving, is phony. The ONLY reason they won the appeal, is because of my Email issue. So because of that, no matter what, PayPal is siding with them. I 100% blame PayPal because they are taking the law in their own hands with this. Anyone with common sense will see that the buyer is clearly a fraud. I feel hopeless.

[kernowlass]

@DPerry59

Sorry but i don't think they are taking the law into their own hands.

For seller protection  >>>

11.6 Eligibility Requirements

You must respond to PayPal’s requests for documentation and other information that is reasonably required by PayPal to investigate the matter in a timely manner.

Again its not their responsibility that you could not do that because your email account was sadly hacked.

[DPerry59]

I get it, but email is just 1 form of communication. I was never notified of a case being opened on my summary page, nor was I ever called to be notified. I was on a 2 hour hold, to be told that I can appeal the decision, only to find out, that the appeal is not even remotely considered. PayPal refunded the buyer, and remains to side with him, even though I can prove that he is a thief. Legally, I do not see how a buyer can get away with that. I am being told it's justified, because of an email they had sent to me, that I could not receive. Don't you agree, that they should try another form of communication at the very least, of let's say 2 emails go unheard of? What is emails ended up in the spam folder? What if someone was physically ill, and could not access a computer? What would happen in those instances? It's wrong. An appeal should nullify the 10 day rule in instances like this because it's plain wrong. I appreciate your words, but it's basically from the book answers rather than human emotion being involved here. This is nothing short of theft, and they're letting him get away with it. The money should be restored into my account, until he can ship it back.

[pythagoras]

ebay is full of scammers and unscrupulous people. I have been victimized myself, and am in th middle of several items which I am sure are fake being charged to me and the shipper has left ebay with my money! They take the side of the criminal and make you talk to some foreigner who can't speak understandable english. I unfortunately gave paypal  a bank account which I use for my business, and the only way to escape their clutches is to open a new account and close my primary business account! Wreaking havoc on my autopays which I have set up over the 15 years I have had the account. Ebay is not a trusted partner, and neither is paypal. Unfortunately there is no real protection for the buyer or the seller if one of them is a criminal then the criminal knows how to scam the system and the honest person is the one who gets **bleep**. I think most of the phone people in the PI are muslims.

[DPerry59]

It's terrible practice. So in other words, an appeal is absolutely pointless, if a seller cannot respond in a 10 day time frame yet buyers have 180 days to open a dispute? How is that fair?

[kernowlass · Accepted solution]

@DPerry59

No where did I say it was fair.

I just stated that it was not paypals fault you could not access your emails.

Paypal are allowed to close a dispute if you don't respond according to their user agreement.

Paypal can't force a buyer to send an item back to you once they have been refunded. 

And according to their user agreement they are not breaking any laws.

Whether I agree or disagree with their policies is immaterial really, I can only give you the facts as to how things work according to those policies.

I think your best bet is the small claims court.