TRICKED INTO PAYING FOR EBAY ITEM VIA FRIENDS&FAMILY PAYMENT !!

[monicacool16]

Any help will be much appreciated.

Someone was selling an item on ebay and I contacted him to negotiate on the price. He offered to sell it at a low price and ask for payment via PayPal Friends and Family because the item was going to sell at a much higher price and he was offering me a bargain. That was a big mea-culpa from my end - I agree. He was claiming that he was genuine and since I would have his contact details and it was safe - however, all I had was his name.

I funded the payment using my Master Card credit card - my question to the community is: 

-Can I get the payment cancelled under Section 75 of my consumer credit act right since PayPal acted as the merchant and the "seller" was a fraudster ?

Other matters worth mentioning in regards to this are:

-The ebay account via which the above person communicated with me was apparently also not his - it was used without authority and ebay sent me a notification that the person I was communicating - his/her account was being used without authority.

-When I began suspecting the above fraudster - I opened a PayPal complaint against him because he didn't respond to my several e-mails and calls and messages after I made the payment and BANG - he messages me over the phone after few hours of opening the complain (he had my mobile number and I have his as we had exchanged contacts) - so, he messaged me and asked me WHY I opened a PayPal complain and that if I don't close the complain he would not ship the item as he felt that I would pursue PayPal to block the payment after he shipped the item - as if, I was the one committing fraud.

Being gullible and realising that I have no recourse over the Friends and Family payment, I went on to close the complain fearing and hoping at the same time that he would ship it. 

Insult to Injury - so far he claims to have shipped the item but says he cannot find the postal receipt. We can all surmise that is a lie and there was never an item that would be shipped. 

Now, I cannot even reopen the complain on PayPal - I have e-mailed PayPal but still no reply from them ?

I am really sad, sorry and ashamed that I got hustled and taken advantage of - I wish I wasn't this gullible - this is what he preyed upon - my naivete and my gullibility.

-I want to know - can I get the payment cancelled if it was funded from my credit card ? 

-Can I pursue any fraud charges via PayPal against the above person ?

-I have full conversation between him and myself over the phone messages - not knowing what and how much good that would do - if any.

THE COMMUNITY'S HELP ON MY PROBLEM WILL BE MUCH APPRECIATED.

THANKS IN ADVANCE.

[kernowlass]

@monicacool16

A friends / family (or gift payment) is intended as a transfer of funds from family or friends to one another. For this reason, there is no processing fee when payment is made with bank or PayPal balance.
However as it is a “gift” payment, there is also no Buyer protection as no goods or services should have been exchanged.

If he was not a close mate or family member you should never use that option as it enables the seller to evade his paypal fees and negates your buyer protection at the same time. That is also why you would be unable to open a dispute apart from an unauthorised transaction if your account was hacked and used without your consent.
You also risk having your account limited for using this option when you are purchasing goods as its against Paypal rules. Smiley Sad

Your only hope is if you funded your paypal payment via a credit card then contact your card issuer and see if they will help you but unfortunately again as it was a 'gift' of money they may decline as well.