Do fraud services able to disputed and get back refund?

Joshuahclim
Contributor
Contributor
Hi PayPal community, if fall under a scam website, is under services, is it able to get dispute and refund back?
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Joshuahclim
Contributor
Contributor
At first is item not received which is wrong description, now they file wrong as item not as described. I want appeal as services not as described. But I not sure can I win the case as always fail to get back due to seller provide fraud evidence... I believe they already prepare on this organization. Even now the website can be said as inactive, seller fraud as much buyer which indirectly " ask people to pay USD 500 to meet a person. And end up we(buyer) couldn't meet the person together(the person we wanted to meet under seller account, they control every single fraud profile which confirm couldn't meet the person) as seller to take back refund. They will ask for deposit, so give alot of reason for us to charge up to 3000USD to get back the money. Any good advise? @sharpiemarker and my place Malaysia PayPal contact number also line down... Hard to get assist on this.
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sharpiemarker
Esteemed Advisor
Esteemed Advisor

@Joshuahclim 

Here is what PayPal covers:

 

7.1 Types of Problems Covered. PayPal Buyer Protection helps you if you encounter either of these problems:

  • "Item Not Received" (INR): You did not receive the item you paid for with PayPal; or
  • "Significantly Not as Described" (SNAD) You received an item you paid for with PayPal but it is Significantly Not as Described (SNAD).

 

INR: Seller has to provide proof of delivery or refund you.

SNAD: Buyer has to make a return for a refund.

 

Is this some dating site where you meet someone? What country is the seller from so I can look up the seller protection terms on intangibles/services.


Kudos & Solved are greatly appreciated. 🙂
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Joshuahclim
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Contributor
Yes, that dating side name "Gmiioy". Look like from China Website, but to be honest, actually can't look for website information. But you can try look for it. Try search from Google.
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sharpiemarker
Esteemed Advisor
Esteemed Advisor

@Joshuahclim 

 

All I needed to know is that they're from China.

https://www.paypal.com/c2/webapps/mpp/ua/sellerprotection-apac-full?locale.x=en_C2

 

Now here is proof of delivery requirement the seller has to provide when a dispute for services is filed for item not received:

 

“Proof of Delivery (for intangible or virtual items or services)” means any compelling evidence to show the purchase order was fulfilled that includes all of the following:

  1. The date the item or service was provided;
  2. The recipient’s address (email/IP, etc) where applicable.

 

Then, unless the seller can provide the info above that PayPal is satisfied with, I do not understand why PayPal ruled in favor of the seller because:

 

Examples of items/transactions not eligible for PayPal Seller Protection

  • Vehicles, including motorcyles, caravans, aircrafts and boats;
  • Claims or Chargebacks for Significantly Not as Described;
  • Items that you deliver in person, including at a point of sale;
  • Intangible items, including Digital Goods, travel tickets, and services;
  • Items equivalent to cash (including, without limitation, gift cards or vouchers);
  • PayPal Direct Payments (including Virtual Terminal Payments, Website Payments Pro/Plus payments), PayPal Here payments and PayPal carrier billing products;
  • Items that are sent after PayPal has advised the Seller not to release the item;
  • Items that are not shipped to the recipient address as stated in the “Transaction Details” page. If you originally ship the item to the recipient address but the item is later redirected to a different address, you will not be eligible for PayPal Seller Protection. We therefore recommend not using a shipping service that is arranged by the buyer, so that you will be able to provide valid Proof of Shipping and Proof of Delivery (for tangible items).

 

Here is buyer protection program terms for Malaysia:

https://www.paypal.com/al/webapps/mpp/ua/useragreement-full?locale.x=en_AL#7

 

If you change claim reason to Significantly Not As Described, seller definitely won't be covered for that but what happens if PayPal asks you to return item for refund? Can you make return of the services with tracking info? Then you would still have to speak with customer service and let them know you didn't get to go on a date not because you didn't want to meet the person. PayPal can also argue that they do not warranty or guarantee the service the seller provided. That you can buy a date but if they person didn't show up or do not want to date you, basically didn't meet your expectations, that's not the sellers fault and its not covered under SNAD claim.

 

An item is "Significantly Not as Described" (SNAD) if it is materially different from what the Seller described on its website or in the item listing. Here are some examples:

  • You received a completely different item. For example, you purchased a book and received a DVD or an empty box.
  • The condition of the item was misrepresented. For example, the description when you bought the item said “new” and the item was used.
  • The item was advertised as authentic but is not authentic.
  • The item is missing major parts or features which were not disclosed in its description when you bought the item.
  • You purchased three items from a Seller but only received two.
  • The item was materially damaged during shipment.

An item is not Significantly Not as Described (SNAD) if it is materially similar to the Seller's item listing description. Here are some examples:

  • The defect in the item was correctly described by the Seller.
  • The item was properly described but you didn't want it after you received it.
  • The item was properly described but did not meet your expectations.
  • The item has minor scratches and was listed as used condition.
  • The item was listed as used condition and you picked it up in person after examining the item.

 

Maybe it is best you appeal as item not received. You will need to go back refute the "proof" the seller provided to PayPal. If the invoice or document is fake, then you need to give evidence of that.

 

And you are sure that you can't file a chargeback on these payments? I know that not all credit cards allow 180 days to dispute. Some even changed their terms to 90 days, at least one card I have did.


Kudos & Solved are greatly appreciated. 🙂
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Joshuahclim
Contributor
Contributor
That you can buy a date but if they person didn't show up or do not want to date you, basically didn't meet your expectations, that's not the sellers fault and its not covered under SNAD claim. For these line, I can said that the person I meet is actually monitor by the seller, everything is seller organized it. The person I meet unbelievable is also the seller. Basically it run the whole thing, and denied on meeting each other, because is not the real person. The tracking info that I can provide is what is only the transaction ID. There is no any invoice from seller, but just verbally replied through the website which I already screenshot. And they are smart too, delete all the conversation. This website IP said it locate it China, but the exact place is in the lakeside, definitely is a spoof, so still under unknown. And only PayPal have the information of the seller. Although I provide the best evidence that another victim @Louiskoh94 get scammed by this website, but it seems that PayPal still under seller side. Because of we have no idea what seller actually provide evidence to PayPal. But now the truth is we both couldn't get back the refund. And we also do not know can file under what category as is not under item. Main problem still under seller provide fake evidence to PayPal. Now is 2 vs 1 still lost on the case
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Joshuahclim
Contributor
Contributor

@sharpiemarker  there is a risk to file as item not delivered due to is not an item. And once the account fail to get back the refund, it will be fail to appeal. And the services actually not that I do not want to meet up, and is by this the other party said so (but is actually the seller itself). Can this consider as a fraud services? 

 

Second thing which is seller provide to PayPal on the Packing list doesn't show up to me, and I really didn't received anything not even an intangible item. If possible to insert the photos of evidence that seller saying that they will be refund on the money asap. I will try to insert it for you to judge on it what should I Appeal on this case

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Joshuahclim
Contributor
Contributor

@sharpiemarker a6227850-6664-4773-9dbc-2a5b75c4e570.jfif1fb2cc2a-d6be-4fdb-883d-e0c23b35614e.jfif

 

@sharpiemarker Still have alot more evidence I compound in a file, but still get rejected because of seller provide Fake evidence, which I also don't even know on the date. But is lucky that this website itself have provided the dates in every single message.

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Joshuahclim
Contributor
Contributor

Screenshot (137).png

 

@sharpiemarker  Their Website History Transaction is totally not working at all.

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