URGENT HELP NEEDED!!! Paypal debt collection and NOT my fault

craig-lovell

Free Member
Jan 22, 2011
12
0
Hi guys just wondering if anyone could help, I will explain the whole situation from begining to end-

firstly I purchased a metal engraving machine from the usa which was intended to start my own home run business the machine cost approx £1000 off ebay, when the machine arrived everything was great machine worked perfect but was to slow for what I needed the machine took approx 20 minutes to complete 1 job and wasn't really practical for what I needed.

so I decided to sell the machine back on ebay and cut my losses and put the money into something else this is where the problem starts.

I sold the machine to a man and spoke on the phone about the machine explained everything about the machine what it could be used for etc how long it took to use and so on, the machine worked great and even engraved several items and also filmed the whole engraving process to sell the item. (I still have these photos and film).
When it came to posting the machine the buyer off ebay wanted me to send it next day delivery which I agreed to do as when I listed the item only listed standard delivery.

I told the man the cost of the postage for next day delivery and he agreed BUT requested that I only cover the item for £500 not the full £800 with the intention of saving some money as the royal mail charge I think it was £9 for every extra £100 value of the item, allof this conversation was over email and still have the emails so I agreed and told the seller its up to you but you can only claim up to £500 if it gets damaged.

when he recieved the item there was some damage to the item and wanted a full refund. I said I can assist in claiming with the royal mail but the buyer refused my help and just wanted a full refund. the royal mail only give you 30days to claim and he would not help me to help him.

the buyer then filed a dispute with paypal and claimed the item wasnt recieved as listed. I provided paypal with all the recipts and emails from the buyer accepting responsibility for the postage cover etc and paypal decided in MY favour and paypal ended the dispute and unfroze my funds in my paypal account job done,

several weeks later I recieved an email stating paypal have now issued a credit card chargeback and now claim I owe them the £800 and I am left with absolutely nothing not even the machine. I have recieved 1 phone call from IQOR debt collection agency and recieved a red letter today stating I have 72 hours to respond or legal action may be taken.

I dont have a clue what to do I have all the evidence to prove I have done everything correctly and that I am getting ripped off and now paypal want £800 off me even though they have already sided in my favour straight away. I am absolutely stunned that they can do things like this just change their mind even though the circumstances are exactly the same and have not changed.

I was thinking of going to court and providing the evidence in court and show I am in the right 100% but am slightly concerned about being charged court costs and debt collection charges etc.

I am 25 and only on about £80 a week as I am self employed trying to get by at the moment and didnt know if i would be entitled to legal cover etc.

I was also thinking about visiting the citezins advice office and see what they suggest. I have never ever been in debt in my whole life I have only ever lent a fiver off my mother or something like that I wont even have an overdraft in my bank my mother always told me if you havent got it dont spend it, so all this debt collection companies stuff is a totally new experience to me and very stressful, but theres no way I'm just going to lie down just because its a big company when I know I have bent over backwards to do the right things and have written proof of this.

So just wanted and help or advice please is it worth fighting and risk turning a £800 debt in to a £1500 debt I'm worried sick and dont know where to turn.
 
Maybe they refunded they guy by accident and let you keep the money.

I wouldn't worry i owed ebay 100 quid and originally forgot i owed it them and then decided not too pay them because they are a ripping sellers off. I got a few bull s debt letters but just binned them. I don't think they have any powers to be honest.
 
Upvote 0

craig-lovell

Free Member
Jan 22, 2011
12
0
they didnt refund on accident, they sided in my favour then it was case closed for several weeks then out of the blue had an email I owe £800 and that they have done a creditcard chargeback.

and its with paypal not ebay. I have done some research online and a lot of people said they try to scare you into just coughing up the money afterall the debt collectors its their job so that made me relax a touch but am totally new to all this and have never once owed money or been in debt and never ever want to be to be honest, just worried about racking up more debt with the debt collection people and court costs if they do proceed with it. just dont know how it all works like if im proven in the right in court will all the costs be dropped, if im found in the wrong am i going to have a massive debt etc. am i entitled to legal aid if so then why not go to court what else could go wrong ?

im just confused
 
Upvote 0
J

jules12345

I dont think you understand how paypal works.

It is a direct debit, you buy using paypal from ebay they're mechanism checks to see if you have the money in your account if ok they then pay, it will take sometime about 5 days to come out of your account. It isn't ear marked from your account as is the usual way for a debot or credit card payment THROUGH paypal.

In other words paypal themselves pay the money and charge it BACK to your account.

What has happened here is that the guy has stopped the debit/credit card transaction BEFORE paypal have demanded it or received it from his bank. In other words they are out of pocket, and you have the money, there shouldn't be a problem in you refunding paypal which will square the transaction and you just get your machine back.

Unless of course you have spent paypal's money. Paypal are not in the wrong they are nice in that THEY pay and then recoup from the money from the buyer, if the buyer halts the transaction they get the money from the seller simple.

Paypal were behind you but only if they could have received the money from the seller. If it is as you say a reverse transaction it still works the same way and paypal are in the clear they just want they're money back and you have it, as they paid on behalf of the buyer to YOU.
Regards
Jules
 
Last edited by a moderator:
Upvote 0
they didnt refund on accident, they sided in my favour then it was case closed for several weeks then out of the blue had an email I owe £800 and that they have done a creditcard chargeback.

and its with paypal not ebay. I have done some research online and a lot of people said they try to scare you into just coughing up the money afterall the debt collectors its their job so that made me relax a touch but am totally new to all this and have never once owed money or been in debt and never ever want to be to be honest, just worried about racking up more debt with the debt collection people and court costs if they do proceed with it. just dont know how it all works like if im proven in the right in court will all the costs be dropped, if im found in the wrong am i going to have a massive debt etc. am i entitled to legal aid if so then why not go to court what else could go wrong ?

im just confused

Paypal and ebay are the same thing.

What i mean is the chargeback has gone to the original buyer hasn't it. So he has his money back now. And paypal want you to give them back the money he originally paid you. This is why they might have made the mistake originally letting you have the doe it's a cross wire.

You have all the info anyway don't you, just laugh at the letters and bin them they can't do jack.
 
Upvote 0
Paypal were behind you but only if they could have received the money from the seller. If it is as you say a reverse transaction it still works the same way and paypal are in the clear they just want they're money back and you have it, as they paid on behalf of the buyer to YOU.
Regards
Jules

No it's paypals fault. They even unfroze his paypal acount so he could get the money.

It's the original buyer that has cocked it up for paypal. And with the ops case the original buyer should be accepting the goods.

Paypal are out of pocket here and it serves them right.
 
Upvote 0

craig-lovell

Free Member
Jan 22, 2011
12
0
but i am left with nothing, surely its not my responsibilty to pay paypal the money some man now has and also kept the machine. even if the bank instructed paypal to do this then surely they should look it to the problem first.

i have sold something had the money for it and given the protection the BUYER requested but I am having money taken off me and having a £800 machine taken off me is that right ?

I dont think I owe anyone the money tbh I have done everything 100% right

the man said he wanted a full refund as its the law. but if I go to a shop buy something then take it back broken will they give me my money back ? I dont think so
must be in original condition and as it was posted gave the buyer the option to cover it but he would not
 
Upvote 0
J

jules12345

Here is a solution - dont pay paypal or explain to paypal that you have made a claim through the royal mail etc etc, if that claim doesn't work go to court and call the royal mail as a counterclaim...! So in court you would have paypal - you and the royal mail rep. Paypal claim off you - you claim off the royal mail, royal mail pay...! (in theory)

Or you get your machine back and you still owe paypal less the money owed to you by royal mail for damage, which would be the total you could claim of royal mail anyway.

At this moment paypal own the machine in theory you ahve your money.
 
Last edited by a moderator:
Upvote 0

Podge

Free Member
Jan 13, 2011
1,151
367
The problem arose in defrauding the carrier. Had the correct insurance been paid the carrier would of been resolving the issue.
As you or both of you tried to save a few bob the buyer will now not allow a claim through the carrier as he will be £300 out of pocket.

Defraud's too strong a word may be.
 
Last edited:
Upvote 0

craig-lovell

Free Member
Jan 22, 2011
12
0
I didnt put lower cover on postage to save money the buyer requested that not me. I didnt save a single penny doing that as the buyer pays postage,

deniser the item was packaged to the EXTREME in a massive huge box nearly 4 times the size of the machine with all the rest cushioned so the machine was securely fastened in the centre of the box.
 
Upvote 0

paulears

Free Member
Jan 7, 2015
5,657
1,666
Suffolk - UK
Have they issued a county court summons - how are they trying to recover the debt?

The country court could be the way to be able to present your case, but you took a chance and it backfired. even if you had declared the correct value, the compensation is tricky - and you only get back what you paid for the item, not what you sold it for?

Where is the machine now? You could even take out a summons against the buyer.

Why don't you check arund solicitors in your area - many have first 30 minute consultations free, and they'll advise if you should duck out or fight - and they will give you a professional opinion rather than us lot trying to guess for you.
Paul
 
Upvote 0

craig-lovell

Free Member
Jan 22, 2011
12
0
Have they issued a county court summons - how are they trying to recover the debt?

The country court could be the way to be able to present your case, but you took a chance and it backfired. even if you had declared the correct value, the compensation is tricky - and you only get back what you paid for the item, not what you sold it for?

Where is the machine now? You could even take out a summons against the buyer.

Why don't you check arund solicitors in your area - many have first 30 minute consultations free, and they'll advise if you should duck out or fight - and they will give you a professional opinion rather than us lot trying to guess for you.
Paul
I know it could backfire but also know i could be entitled to legal aid as my weekly wage is approx £80 so was thinking I might have nothing to lose.

they buyer still has the machine,
 
Upvote 0

craig-lovell

Free Member
Jan 22, 2011
12
0
You should be able to send a case to Paypal with all of your information. If they believe the chargeback is incorrect, they will fight your case and try to get the bank to cancel the chargeback and refund the money.
I did contact paypal and sent them everything but seemed very unhelpful the woman on the phone said its nothing to do with them.
 
Upvote 0

obscure

Free Member
Jan 18, 2008
3,370
879
The world
From what you said I think the problem is the credit card company.
Buyer used his credit card to pay the seller - via Paypal.
Item was damaged (of buyer just wanted money back) but wouldn't claim against RM as the reduced insurance wouldn't cover cost.
Buyer tried to claim money back via Paypal - claim failed and Paypal sided with the seller due to the evidence presented.

Buyer then contacted card company and requested a charge back. The credit card company contacts Paypal instead of the seller. Paypal probably didn't bother to provide the cc company with all the sellers evidence so the cc card company approved the charge back against Paypal and they pass it along to the seller.

The people the OP really needs to be talking to is the credit card company in order to get the charge back rescinded. Not sure how you would contact them, contact Paypal and ask for their contact details I guess.
 
Upvote 0

Bob McG

Free Member
Jan 28, 2011
19
2
From what you said I think the problem is the credit card company.
Buyer used his credit card to pay the seller - via Paypal.
Item was damaged (of buyer just wanted money back) but wouldn't claim against RM as the reduced insurance wouldn't cover cost.
Buyer tried to claim money back via Paypal - claim failed and Paypal sided with the seller due to the evidence presented.

Buyer then contacted card company and requested a charge back. The credit card company contacts Paypal instead of the seller. Paypal probably didn't bother to provide the cc company with all the sellers evidence so the cc card company approved the charge back against Paypal and they pass it along to the seller.

The people the OP really needs to be talking to is the credit card company in order to get the charge back rescinded. Not sure how you would contact them, contact Paypal and ask for their contact details I guess.
I used to work in a bank, and this is exactly what would have happened. Unsure myself of the next plan of action tho.
 
Upvote 0

thecyclingartist

Free Member
Mar 25, 2010
275
48
Scarborough
I agree with Obscure. It sounds like when Paypal sided with you the buyer actually went directly to his credit card company with a claim. They trump Paypal so if the credit card co decided his claim was valid Paypal have to honor it. The only thing I can think of is if Paypal can give you any information about that claim so that you can follow up and counter it with the credit card company.

Tina.
 
Upvote 0

kulture

Free Member
  • Aug 11, 2007
    8,962
    1
    2,754
    68
    www.kultureshock.co.uk
    From what you said I think the problem is the credit card company.
    Buyer used his credit card to pay the seller - via Paypal.
    Item was damaged (of buyer just wanted money back) but wouldn't claim against RM as the reduced insurance wouldn't cover cost.
    Buyer tried to claim money back via Paypal - claim failed and Paypal sided with the seller due to the evidence presented.

    Buyer then contacted card company and requested a charge back. The credit card company contacts Paypal instead of the seller. Paypal probably didn't bother to provide the cc company with all the sellers evidence so the cc card company approved the charge back against Paypal and they pass it along to the seller.

    The people the OP really needs to be talking to is the credit card company in order to get the charge back rescinded. Not sure how you would contact them, contact Paypal and ask for their contact details I guess.

    I think you are right regarding what has happened, but I doubt the credit card company would discuss the matter with the seller as they deal with paypal.

    I am not sure how to suggest you continue here. In simple terms it is down to the contract you have with Paypal, and I bet they cover the situation in their terms (i.e. if they get a chargeback you owe them). That said your argument is presumably that they did not defend the case properly, i.e. they were negligent.

    Personally I would tell the debt collectors to go away until they get a court order. Then I would write to paypal and tell them that you believe that the loss is down to their negligence and that you will not refund them for their negligence.

    If it looks like they will take you to court, ask to see the paperwork that they should have regarding the chargeback, and see if they did present the case to the bank properly.

    I would also consider starting a claim against the buyer who has the machine and the money.
     
    Upvote 0

    deniser

    Free Member
    Jun 3, 2008
    8,081
    1,697
    London
    I think you are right regarding what has happened, but I doubt the credit card company would discuss the matter with the seller as they deal with paypal.

    I am not sure how to suggest you continue here. In simple terms it is down to the contract you have with Paypal, and I bet they cover the situation in their terms (i.e. if they get a chargeback you owe them). That said your argument is presumably that they did not defend the case properly, i.e. they were negligent.

    Personally I would tell the debt collectors to go away until they get a court order. Then I would write to paypal and tell them that you believe that the loss is down to their negligence and that you will not refund them for their negligence.

    If it looks like they will take you to court, ask to see the paperwork that they should have regarding the chargeback, and see if they did present the case to the bank properly.

    I would also consider starting a claim against the buyer who has the machine and the money.

    Agreed.

    I bet you though that there is something in the small print which allows Paypal to escape liability if they do not defend the chargeback properly.

    Paypal is fundamentally unfair to sellers; better not to use it.
     
    Upvote 0
    So the buyer has the goods and filed a chargeback without returning the goods? This is 'obtaining goods by deception' and is a criminal offense. Order him to return the goods.

    Royal Mail won't pay out the full compensation understandably, but that's your loss unfortunately.
     
    Upvote 0
    I

    Indivijewelistic

    If you want things clarified for your own piece of mind, what about raising a complaint through Paypal, detailing the issue in writing and pointed out that this has caused you a great deal of stress. Ask them to clarify the position in writing to you and state that the letter you have received as a direct result of using them for the transaction has a time limit on it and therefore you expect them to respond to you before that time limit is up.

    That way they will either respond that there has been some kind of a mix up and they have sorted it out or detail what the issue is so that you also have that information prior to walking in court - if it ever gets to that stage.
     
    Upvote 0
    I told the man the cost of the postage for next day delivery and he agreed BUT requested that I only cover the item for £500 not the full £800 with the intention of saving some money as the royal mail charge I think it was £9 for every extra £100 value of the item, allof this conversation was over email and still have the emails so I agreed and told the seller its up to you but you can only claim up to £500 if it gets damaged.

    You main problem is a simple one, YOU as the sender and arranger of the shipment are responsible for it arriving in good condition, I understand what you have tried to do, but this is a costly lesson.

    As for what to do, I would recommend you contact the debt agency and make a token offer for what you can actually afford, the should accept the offer, I doubt they will want to go to court over such a small figure particularly due to your circumstances.

    As for the equipment, I suggest you arrange to recover it, either physically or through the small claims process.
     
    Upvote 0

    Latest Articles