Why DOES THE BUYER ALWAYS WIN IN A DISPUTE CASE!!

kellygirl
New Community Member

I cannot even believe how angry that I am right now. This is the second time in one month that PayPal has given the buyer my hard earned money when I have sent proof either through a FAX (because PayPal makes it impossible to send proof that the seller is in the right) or by actually sending tracking # etc. The first time the buyer outright lied & I sent PayPal all of the information & contact that Ebay had recorded that alone was a huge red flag that the buyer was lying. The second time I sent item next day to Canada from U.S. 1st class (a ring) the item was shown shipped from my post office & I had slip to prove it because the buyer did not insure it I was told that without insurance the package could not be tracked for christ sake I sent PayPal the f....... post office receipt as proof I mailed the item. Why do I have to eat the $75.00 plus I originally paid $100.00 for the item, how is it my fault....???? Do I need to insure every item so that I have proof  with tracking # so many people are too cheap to pay for insurance & may not bid on my items. Please someone out there help with a solution so that I do not get F..... again by PayPal. Thanks.

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29 REPLIES 29

Trublueny
Contributor
Contributor

I totally agree. I sold 2 NFL football tickets and the buyer paid thru Pay Pal. I sent him the tickets via NFL Ticket Exchange which allows you to e mail the tickets directly to the buyers e mail address. The hard tickets become useless and the paper tickets that the buyer prints on his computer have the barcode and become the valid tickets. Two weeks after the game is played my buyer informs Pay Pal and his CC company that he used for payment, that he never authorized the transaction. Pay Pal reverses the charge and Im out $824.. Pay Pal tells me Im not covered because I did not USPS mail the tickets to the buyer (I e mailed them and that doesn't" count). So now supposedly the investigation continues. I sent all of the necessary proof that the tickets were e mailed to the buyer. I got the Stadium to confirm in a letter that the tickets were in fact scanned in on the day of the game, and I got an e mail from the buyer confirming that he received the tickets. What more does one need to do to get his money back. Its ridiculous. I must now file a complaint with the attorney generals office and the internet crimes bureau. So you see Pay Pal does not really stand by their word. I will be dumping them as soon as I win this case and so should everyone else.

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surplusdealdude
Advisor
Advisor

 


@Trublueny wrote:

I totally agree. I sold 2 NFL football tickets and the buyer paid thru Pay Pal. I sent him the tickets via NFL Ticket Exchange which allows you to e mail the tickets directly to the buyers e mail address. The hard tickets become useless and the paper tickets that the buyer prints on his computer have the barcode and become the valid tickets. Two weeks after the game is played my buyer informs Pay Pal and his CC company that he used for payment, that he never authorized the transaction. Pay Pal reverses the charge and Im out $824.. Pay Pal tells me Im not covered because I did not USPS mail the tickets to the buyer (I e mailed them and that doesn't" count). So now supposedly the investigation continues. I sent all of the necessary proof that the tickets were e mailed to the buyer. I got the Stadium to confirm in a letter that the tickets were in fact scanned in on the day of the game, and I got an e mail from the buyer confirming that he received the tickets. What more does one need to do to get his money back. Its ridiculous. I must now file a complaint with the attorney generals office and the internet crimes bureau. So you see Pay Pal does not really stand by their word. I will be dumping them as soon as I win this case and so should everyone else.


 

Obviously, you didn't read the User Agreement or you would have known that you had to send the tickets by mail with SIGNATURE CONFIRMATION for any amount where the shipping plus price of the item was over $250.00.

 

No signature, no coverage - it's all there in black and white.

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pennyd0153
Contributor
Contributor

I TOTALLY AGREE.  I HAVE A RETURN POLICY FOR ITEMS I SELL AT AUCTION.  FIRST, ONE ITEM WAS BEING RETURNED BECAUSE IT WAS NOT THE SIZE EXPECTED EVEN THOUGH THE EXACT MEASUREMENTS WERE IN THE DESCRIPTION.  AFTER I TOLD HER I COULD NOT REFUND BECAUSE OF THIS SHE THEN STATED THAT THE COLOR OF THE ITEM WAS NOT THE SAME COLOR AS THE PICTURE I HAD ON THE AUCTION AND THAT IT DID NOT "MATCH" THE REST OF HER GLASS. SHE KEPT MAKING UP DIFFERENT REASONS UNTIL SHE FINALLY FOUND ONE THAT THEY WOULD BUY AND I HAD TO REFUND HER MONEY.   IF YOU SELL ON EBAY YOU MIGHT AS WELL HAVE A NO REFUND POLICY BECAUSE WHENEVER A BUYER ACCELERATES A CASE AGAINST YOU THEY WILL ALWAYS WIN.  IT IS NOT FAIR BUT THAT IS THE WAY IT IS.

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tsa
Contributor
Contributor

Sellers like buyers should pay attention to feedback ratings. If there is negative feedback check to see if there is a pattern. Most scam artists use the same MO. Certain items like tickets and disposable items that become useless after a period, should be sent by return mail or certificate of delivery or the equivalent. $842 worth of tickets should never be sent by regular mail. Make photo copies of these items for future reference. As a buyer I have been scammed twice by defective items and disappearing sellers. Do your homework and hope for the best. I suggested to ebay that they devise a way that all negative feedback can be grouped together for simultaneous viewing. Also if dealing with a large sum check the web. Scammers often have a history posted on the web. Just put in their ebay name. Qiongen is a typical example. He scammed a lot of people with MP4 players that broke down or were never delivered and then left town.

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diner448
Contributor
Contributor

Paypal is in the wrong.  If you provided proof and paypal ignored the proof, that then makes paypal just as liable as the buyer who lied.  Class action suits have been filed before for this type of (scam I call it and paypal is becoming a huge part of it) If you can document something, and paypal disregards it (they are breaking the law by taking your money as a result of a false claim you have proven to be false.

 

You can offer insurance in your listings at the buyers expense and state that if they choose not to take out insurance, that you, the seller will not be responsible after shipping the item.  Make sure that you state that this is the terms of your auctions and by bidding the buyer agrees to the terms.

 

Consult an attorney (initial consultation is free) lawyers jump at the chance to have a class action suit that they can prove against large companies.  Keep records and a diary of these cases. 

 

Good Luck

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surplusdealdude
Advisor
Advisor

 


@diner448 wrote:

Paypal is in the wrong.  If you provided proof and paypal ignored the proof, that then makes paypal just as liable as the buyer who lied.  Class action suits have been filed before for this type of (scam I call it and paypal is becoming a huge part of it) If you can document something, and paypal disregards it (they are breaking the law by taking your money as a result of a false claim you have proven to be false.

 

You can offer insurance in your listings at the buyers expense and state that if they choose not to take out insurance, that you, the seller will not be responsible after shipping the item.  Make sure that you state that this is the terms of your auctions and by bidding the buyer agrees to the terms.

 

Consult an attorney (initial consultation is free) lawyers jump at the chance to have a class action suit that they can prove against large companies.  Keep records and a diary of these cases. 

 

Good Luck


 

Paypal has a specific set of rules that you MUST follow EXACTLY to be covered.

 

They are detailed in the USER Agreement that you signed when you set up your Paypal account.

 

You want to use the service, you follow their rules or you pay the price.

 

 

And you are no longer allowed to charge insurance to your buyers on ebay - ANOTHER rule that you haven't kept up with.

 

 

As for lawsuits - pffft.  You agreed to the terms of the User agreement when you set up your accounts and it's quite obvious that none of you has followed them.  YOU are the ones in breach of contract, not Paypal. 

 

You have zero chance of winning any case.

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freds-party8
Member
Member

As if 4/28/2010 we unfortunately have had to change our shipping policy due to many fraudulent claims of items not arriving when shipped international first class. I have shipped international first class for over 10 years and there seems to be a trend now for buyers to claim that the item has not arrived. Although we can prove the item was paid and shipped. But because technically you cannot track an international first class package, sellers are being made to refund the entire purchase and shipping back to the buyer and we have no say so due to new Ebay and PayPal policies. For our protection we are not offering International First Class any longer and only offering International Priority or Express from now on so that we can show proof of delivery. This will limit our international sales from now on but will at least keep us from loosing anymore money due to fraudulent claims.

I find it so sad that some buyers have made us put this new policy into place and will affect the buyers that have been with us for many years and are honest. But in speaking to PayPal and Ebay they have made it clear that we either do it this way or take a loss every now and then. But now with the new dispute policy that will affect our Top Seller rating we just are not willing to take a chance.

 

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surplusdealdude
Advisor
Advisor

 


@freds-party8 wrote:

As if 4/28/2010 we unfortunately have had to change our shipping policy due to many fraudulent claims of items not arriving when shipped international first class. I have shipped international first class for over 10 years and there seems to be a trend now for buyers to claim that the item has not arrived. Although we can prove the item was paid and shipped. But because technically you cannot track an international first class package, sellers are being made to refund the entire purchase and shipping back to the buyer and we have no say so due to new Ebay and PayPal policies. For our protection we are not offering International First Class any longer and only offering International Priority or Express from now on so that we can show proof of delivery. This will limit our international sales from now on but will at least keep us from loosing anymore money due to fraudulent claims.

I find it so sad that some buyers have made us put this new policy into place and will affect the buyers that have been with us for many years and are honest. But in speaking to PayPal and Ebay they have made it clear that we either do it this way or take a loss every now and then. But now with the new dispute policy that will affect our Top Seller rating we just are not willing to take a chance.

 


 

USPS DOES  NOT OFFER TRACKING ON OVERSEAS SHIPMENTS.

 

Use a courier.

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piaypialisawful
New Community Member

Same thing here basically.. provided piles of proof.. and Paypal revered $800 from my account. I got hardcore scammed and never got any information from Paypal about it other than a simple "case closed **bleep** you" account indication. Will never use this service again and spreading the work. I understand the need for a seller to be as safe as possible, but there is only SO MUCH we can do.

 

Paypal is no serious about helping it's users... just happily raking in the dough and letting us rot. I can't even express how disgusted I am and am hoping my lawsuit against this company will have -some- beneficial result. 

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surplusdealdude
Advisor
Advisor

 


@kellygirl wrote:

I cannot even believe how angry that I am right now. This is the second time in one month that PayPal has given the buyer my hard earned money when I have sent proof either through a FAX (because PayPal makes it impossible to send proof that the seller is in the right) or by actually sending tracking # etc. The first time the buyer outright lied & I sent PayPal all of the information & contact that Ebay had recorded that alone was a huge red flag that the buyer was lying. The second time I sent item next day to Canada from U.S. 1st class (a ring) the item was shown shipped from my post office & I had slip to prove it because the buyer did not insure it I was told that without insurance the package could not be tracked for christ sake I sent PayPal the f....... post office receipt as proof I mailed the item. Why do I have to eat the $75.00 plus I originally paid $100.00 for the item, how is it my fault....???? Do I need to insure every item so that I have proof  with tracking # so many people are too cheap to pay for insurance & may not bid on my items. Please someone out there help with a solution so that I do not get F..... again by PayPal. Thanks.


 

Why does the buyer always win?


BECAUSE YOU'RE NOT FOLLOWING THE RULES!

 

Paypal requires proof of  DELIVERY, not proof of shipment.

 

And the post office receipt doesn't provide any way to propve delivery - for that you need a DELIVERY CONFIRMATION NUMBER.  Go ask the Post office about it.

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