I have been scammed - Iphone on Gumtree

[markfj]

Ok  Well,

I have been scammed of 290 for an Iphone I know I am never going to receive, which I had bought for someone  I had checked things out as it was on Gumtree, and I know its got no safety precations, but I chcked with the guy for his name, paypal address, email address, he even gave me an address but its clear its a scam.

  I paid his paypal account (he requested paypal or C.O.D) I chose paypal as I was working an 8 day week and didnt have time, to drive and pick up.. so after paying his paypal account, I then looked at the transaction details, and his phone number listen on the account I paid is a Thailand number, so I knew from that it was no good  I did some googleing on Iphone scams/Thailand and found a thread on the Moneysavingexpert, so many people have been done by this, usually by Bank Transfer (which I would never do) and I thought paypal was safe, but here is how the scam apparently goes 

1. He doesnt send phone/answer any emails

2. you then open dispute with Paypal saying no item received

3. He then sends out a Fake/Toy phone which you sign for upon receiving

4. Paypal see you have your item as its been sent with tracking number and close dispute 

I cant open a dispte yet as its too early, but now I know what his plans are what can I do about it do you think? I have emailed him from a different email address, and strangely he answered this one and beleive it or not still has an ipohne for sale, he changes his name from "John" to "Jonathon" and his address strangely changed from number 4 to number 6, but same street... why would he even offer me to come down and pay C.O.D is what I want to know? any ideas?  Thanks, and sorry for rambling, I cant afford to lose near £300 at this time though

[surplusdealdude]

If you used a credit card to pay for the item, file a chargeback by calling the customer service number on the back of the card.

That's about all you can do.

[markfj]

Hi

Im afraid it is a debit card not a credit card'

How does this work then, can I no open a dispute, which is what he is waiting for, then refuse delivery based on the terms that the item is not as described? Then I should win a case?

[surplusdealdude]

If it's an off-ebay sale, you have no protection for items that are 'not as described', although you do have protection for "Items not received" and "Unauthorized use".

I suggest that you do not REFUSE the item, just don't be at home when they try to delivery it and then don't pick it up.  In a week or so, they'll return it.

You could then file a dispute for "Unauthorized use" of your Paypal account and you may have a chance of winning.  It's not a high likelihood, but IMO its the only chance you have.

[markfj]

well seems I will miss out then

The problem is this, he has been known the tell upon deliverying the fake phone if no-one is home,  then to we agreed to leave it in a cupboard/with neighbour for example, just so he knows it gets delivered!

And the fact he tells me he lives in Brighton yet after I pay his detail show a Taiwan phone number, and I email him 2 days AFTER I have paid him for my phone and he is still trying to sell it, not knowing its me using a different email address, I woud have thought I have the proof I need to prove I have been scammed?

[surplusdealdude]

then to we agreed to leave it in a cupboard/with neighbour for example, just so he knows it gets delivered!

He just outfoxed himself.

Paypal doesn't care WHAT you agreed on - they have their rules and the rules HAVE TO BE FOLLOWED.

This level of money requires a SIGNATURE CONFIRMATION of delivery.  Leaving it in a neighbour's cupboard doesn't qualify.

AFTER he's left the junk, throw it out and file an "Item not received" claim.  You didn't get it, you never got it, and you're expecting him to deliver it with signature confirmation.  In fact, you insist on it - that's what you put in the claim.

He may send another one - in that case, you don't pick it up, it gets returned and, hopefully, Paypal refunds you.

[markfj]

Hi

Thanks for the reply!

Ok, so it seems then it does have to be signed for then, thats the good news on my part 🙂

Right, the address I gave him as delivery address is actually my family business address, so there is always someone there that  could sign, I did tell me if something does happen to come not to sign for it, intially as i thought that was the best plan.

Ok, so we know the postiey that delivers to their business quite well as he is in everyday, could we simply, say to him to return it without us signing, though this is underhand its also scamming the scammer and thatt way nothing has been signed and hopefully get a refund?

I cant express my appreciaton for your help by the way

Mark

[surplusdealdude]

Well, I wouldn't involve the postie any more than you have to - he's under a legal obligation to deliver the mail.

Just tell him that anly you are allowed to sign for items addressed to you and then tell him you're out or something.

Now, I don't want to get your hopes up too high - this may not work, depending how Paypal sees it.

Usually, unless the buyer receives the goods, they'll refund - not always.

But I think it's the only chance you have.

[markfj]

Thansks again

I see yor point, I will ask my family to have a word ith Postiey tomorrw and see what he can do if anything like you mentioned he is under legal obligation, but would be handy if it was to get lost in post.

He is also shipping the phone from Taiwan/china or so I heard, I guess I cant stipulate its transaction due to be complete by standard mail not overseas, doubt it

Alsom not sure if you know, but my paypal account is set up through Visa Debit, someone sent me this link, could this work possibly?

http://whatconsumer.co.uk/visa-debit-chargeback/

[markfj]

Ignore that last bit of my post, apparently I am stupid... by paypal account was set uo via bank account so primary funding was Bank account, not debit card

i presume that the bank cant help in anyway