Conned and Paypal

[Idrisakc]

I bought a watch on eBay and prior to buying it I asked the seller very clearly "is it genuine" to which they said yes in writing, it was listed as used but did not say anuthing about it being damaged. I paid using Paypal and paid £630. Once I received the watch I saw it was severly damaged (the glass was out of the bosy on one side) and also a fake. I then open a dispute on paypal and the seller made an offer of a partial refund of £75 which I rejected and escalated the dispute to a claim, the seller also emailed me directly to say if I was not happy she would make a refund but I did not respond directly through email prefering to use and record eveything on the Paypal system. I then yesterday (24th/Xmas eve) got an email from paypal requesting that I get proof from a specialist that it is a fake watch and fax it to them. I did this and also sent an email as I didnt think i should have to do this as irrespective of it being fake it was still damaged which it was not described as and attached a photo to the resultion centre (I didnt upload a scan of the experts report as  I had been instructed to fax this) and assumed this would be enough for paypal to rule in my favour. I then got an email this morning from paypal (on Christmas morning) saying they had decided against me. Now I am confused the lady had already made a partial offer the watch is damaged and it is also fake, how could the rule aginst me. I have been conned for a fake watch (worth £20) for £630 and paypal is assiting in this, I want to cry what can I do someone help please.

[kernowlass · Accepted solution]

1. Phone customer services, if you have provided proof then not sure why they have found against you. If you don't get anywhere with them then tell them that they are promoting the sale of illegal items as it is against the law to sell fake items.

 You may find that you have to wait till tomorrow to phone as there may be few staff today. I would also record the conversation and at the end tell them you have recorded it and as you have sent them proof the item is fake you now have proof they are complicit in selling fake goods............that may get a reaction.

Click on the words "Contact us" at the bottom of paypal pages > click on the "call us" option on the left (fees "may" apply so check the cost with your phone tariff first, as you sometimes have to wait a while to connect).

When you get through don't select any options just hang on till you get transfered to an agent.

2. BUT FIRST I would email the seller and state you have written proof the item is fake and as its against the law to sell fake goods then unless you get a FULL cleared refund within the next 7 days you will be taking that proof and informing trading standards and be seeking redress via the small claims court..........that has worked for me in the past. The fact she offered you a part refund shows she knows it was misdescribed.

[Idrisakc]

kernowlass, thank you for your help. I did email the seller and she completely changed her tune and said I am apparently harrasing her so just shows her to be even more dodgy (especially since she was teh one who contacted me directly not tjhrough ebay or paypal). But I called Paypal and spoke to someone who went thankfully through all the evidence admitted they had made a mistake and then reversed the decision on appeal and found in my favour, as per their instructions I have destroyed the watch and confirmed this in writhing to them and they have now refunded my theamount. So thank you again for your help as I was very worried and thank you also to Paypal for looking at the evidence properly

[kernowlass]

Great news, so glad you got your refund, must have been a worrying time for you.