Seller dispute - I think I am getting ripped off

[Shawn_Wilfong]

OK, so here's the scoop.

I bought an Xbox 360 off someone on a separate forum, not eBay.  We have transaction details saved in our accounts on that forums, so I have information regarding shipping, the item, payment, etc...and even have it in the notes for the payment.  I sent payment as a "gift" as to avoid Paypal fees, but I put the reason for the payment in the comments.  I received the item, and it did not work correctly.  He was helpful and tried to get it to work with me, for over a few hours, but in the end it did not work correctly so we agreed to a refund and I shipped it back (with tracking number and delivery confirmation).  

He received it Friday, didn't get back to me, I asked him about it Saturday and said he had more important things to do and didn't look at it, and finally today (Sunday) he got back to me.  He showed me pictures of the front face-plate and it was cracked on the bottom (somehow, even with all that bubble-wrap and it only went from IA to IN).  I said that's fine and I'd cover the cost for a new one (about $10 off of a total $165 payment).  He said that he didn't look at the console anymore and that he's not sure what else it might have done.  

He said that I need to file a claim with the post office/post master general and do a dispute about the condition of the shipped item and I said well can't you just plug it in and see if it's working fine and he did not respond to that and instead said he was going to have a 3rd party look at it etc...he didn't answer any of my questions and then signed off (this was over messenger) and has not been back on.  I sent him a PM on the forum, which he was on, and did not get back to me at all either.

It seems like he's completely ignoring me and trying to take advantage of the situation where he could basically say I sent him back a piece of junk and not have to refund any of my money.  I mean why wouldn't he just plug it in and take a look?  What do you guys think I should do?

Thanks,

Concerned buyer

[skier]

You were totally scammed:

 sent payment as a "gift" as to avoid Paypal fees,

You're out the funds and the item, it's just that simple.   Unfortunately There's really no recourse.

Here's some basic Scam Tips:

One of the most common red flags is that the buyer wants to sent you the money via your PayPal email address. Normally as the seller, you send the buyer an email invoice or the purchase is processed through your web page or site. Also, if plan to be a seller, you should have either a Premier or Business Account. You will run into limitations trying to use a Personal Account.


Next common red flag, the buyer wants the item delivered to another country and recommends a specific shipping service for you to use

Another red flag, buyer offers to pay more than you're asking or is requesting shipment ASAP to an unconfirmed address or another state or country.

Beware when the seller wants you to send him the money for a purchase but you are asked to send the money as a "Gift".

This means that the seller is trying to avoid paying the transaction fees and also makes it hard for you to prove you actually purchased an item.

You can protect yourself in several ways:
Do not sell to non-US PayPal Accounts.
Require a "Confirmed Address" meaning that the shipping and billing address must be the same.
Opt to not accept eChecks.

These are all options you can enable from within your PayPal Account Profile.

Regards,

skier

[Shawn_Wilfong]

While I understand the gift part and how it'd be difficult to prove I actually purchased an item, we do have all details of the transaction documented including tracking numbers and IM/PM conversations and in the "gift" it does state what the amount is for.  I really cannot dispute anything because it's under gift?  

[skier]

The "gift" choice is a loop hole for sure, although intended to be a good thing also can be a bad thing.

Regards,

skier

[Shawn_Wilfong]

OK, well I feel better.

I called Paypal after the seller would not respond to any of my attempts to get in touch with him today to file a dispute.  I told them it was under the "gift" option, the date of the transaction, tracking numbers, etc...they said they would open a dispute case and would send me some paper documents in the mail.  The woman I talked to also said they would remove the charge on my buyer credit during the time of the case being open, and that if he ever decided to give me the refund I can keep the case open or close it at that time, but she made sure to tell me to not close it before hand.  I was worried since it was under the "gift" stuff, but she was more than helpful and I am having a better evening now.

Just wanted to let you know the success I've had so far in the case and I will keep you updated on how it goes.  From the look on the forums, it seems to be hit and miss with Paypal - I'm so glad I got a hit.

[exodus]

i sent a gift or a payment for some silver I bought. Then I did not receive it. The seller asked to send the payment as gift, so I did.  I called, paypal and they said they coud do nothing for a payment sent as a gift.

[Shawn_Wilfong]

I wish PayPal was more useful in their "help".

What I actually did was call PayPal Buyer Credit, which is what I charged the transaction to.  I would recommend you call wherever you were charged through, whether through PayPal Buyer Credit, your bank account, or a different credit card, and have them do a chargeback and start a dispute process.  That's how I got mine resolved.