Help Needed - $350 Stolen from Me With PayPal's Assistance
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I need help getting $350 back from an individual that PayPal erroneously sent my funds to!
I collect dolls. On 8/6/09 I bought a doll from a seller on a doll forum called Plastic Paradise for $212 total (by debit from my checking account).
Two days later, on 8/8/09, I bought another doll from a different seller for $350 total. I logged onto PayPal, "pasted" in the seller's email address like I always do, and chose to pay $350 using my Visa card. Just as I hit the Send button I saw the payee flash by as the user ID I paid on 8/6/09. Somehow PayPal had reverted back to the last entered payee and sent the money through to the wrong person. I immediately tried to back it out, but PayPal said it couldn't do anything on this type of transaction (which I assumed meant non-eBay). So I went ahead and sent a second payment for $350 to the correct seller for the purchase of the doll.
When I finished on PayPal I emailed the person who received my money through PayPal's error. It took several days of leaving messages on forums and numerous daily emails, but she finally responded on 8/11/09 stating:
"I will absolutely take care of that large tip you gave me. ... I just wanted to let you know I stand behind my word. Thanks and I'll be back later this afternoon to take care of that tip."
A week later I hadn't received my money or any further contact, so I started my round of PM's on forums and emails again. On 8/17/09 (the last time I heard from her) she emailed and said:
"Oh no!!! ... See as i mentioned I share the paypal acct with my cousin. After you mentioned that the money was accidentally transferred I immediately told here to please return the money. She said she would. I normaally have no reason to question her. So I just asked her what the hell was going on and why didn't she refund the money. She said she freaked out because ebay deducted her fees . She said that she has a e check that's clearing monday and it's for 440.00 and she has auctions that are ending this weekend. And she will refund all of the money then if that's okay. If by that time it's not refunded I will absolutely take care of it myself and then she'll just owe me. I would do it right this minute but I don't have that much cash myself. After helping my mother out with the car I have 100. to last me for the week. Please you have my word, that if she doesn't take care of the refund this weekend I will take care of it myself. I'm not like that and neither is she. I think she just freaked out because no sooner did I tell her and ebay hit her up for the fees. I know this sucks but I hope that you can trust me on this. ... So I'm glad you contacted me here [email deleted]. Trust me I will be on her butt about the auctions this weekend. I'm so sorry and so embarrassed."
I spent months trying to get her to contact me again, to work it out ourselves. She's never responded, and in September I filed a claim with my Visa card. In October they told me it wasn't something they would get involved in. I finally filed a PayPal "unauthorized use of account" claim last week. Today (11/8/09) I received an email stating it was NOT an unauthorized use, and my claim was closed. It said I could open a "disputed item" claim -- but the system won't allow me to. It says there was already a claim against that transaction and I need to review Open Claims. I have NO open claims, PayPal closed it.
I'm so frustrated trying to get any assistance with this. This person is a very active seller on eBay and has listings all the time, with a constant stream of income through her PayPal account. Is the problem maybe that PayPal doesn't want to lose her fees?? I don't know what to do to get some help with this.
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The proper procedure would have been to file an INR (Item Not Received) claim through PayPal's Resolution Center.
An "Unauthorized Payment" claim is what you initiate when someone has hijacked your PayPal account and sent payments. PayPal records the IP address each time a person accesses a PayPal account, and so... PayPal can see that it was you who sent that payment.
Since your bank refuses to help you and since your 45 day time limit to file a PayPal dispute has expired, you will need to continue trying to work with the recipient of that payment.
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I guess I'm **bleep**ed. Thanks PayPal - that's the LAST time I try to be nice and "work it out". That's what I HAD been doing. I'm out $350 and PayPal did it to me.
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There's nothing wrong with trying to work it out with the other party, however... you also must be mindful of deadlines and options when the "working out" part doesn't result in a satisfactory resolution.
Is your Visa card a credit card or a debit card?
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I completely forgout about the 45 days deadline because, as noted in my original post, when I first sent the payment and saw that PayPal had re-routed it to the wrong payee, I TRIED to back it out immediately and PayPal said it couldn't help me reverse the payment. So I figured that was that, and set about trying to get it back on my own.
Eventually I filed a dispute through my Visa card, but after a month they declined to help (probably BECAUSE it involves PayPal).
So I returned to PayPal last week and filed a dispute, which they informed me (today) was the wrong thing to do (category or whatever) - but the system won't allow me to file a NEW claim on the same transaction ID#.; they've closed the dispute and shoved me off into a corner.
I FIRMLY believe the 45 day rule should NOT apply in my case because it was PayPal's fault in the first place that my money was sent to the wrong person. They aided (in fact, caused) the theft of my money, collected their fee for the payment, and now want me to shut up and go away. They refuse to help. Are they not accountable for anything?
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You still have the option of filing internet and mail fraud complaints against the recipient with the USPS, the Internet Crime Complaint Center, your local police department and the recipient's police department...
https://postalinspectors.uspis.gov/forms/MailFraudComplaint.aspx
Internet Crime Complaint Center - http://www.ic3.gov
http://www.usacops.com
Contact the recipient one more time, and... mention that you will be filing fraud reports with these agencies if you don't receive a full refund within 7 days, or whatever time limit you wish to impose. Include the above links in that correspondence.
Also, you should consider starting a thread on the eBay PayPal discussion board and the eBay Trust & Safety discussion board. Be sure to exclude the text of the recipient's emails... it's a violation of the eBay discussion board policies to post private email text.
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@Deb wrote:In this case, credit.
The card is either a credit card or a debit card... it can't be both. A debit card can be used in a "credit" mode, however... I don't believe that gives you the same rights as are provided to credit card transactions under the FCBA... the Fair Credit Billing Act.
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I guess that wasn't clear. What I meant by "in this case" was that when I paid for the first transaction, it was a checking debit. When I paid for the $350 in question, it was on my Visa account. CREDIT CARD.

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