Advice please. Who do I sue? Paypal or the buyer?

  1. Paypal recently authorised a chargeback from a buyer for £260, as I am unable to provide proof of postage, even though they gave postive feedback.

    Paypal say I'm not protected because I can't provide this proof, and I should take it up with the buyer.

    The buyer did agree to pay me back monthly, but hasn't started paying.

    I feel its come to the point where I need to take to small claims court.

    Who do I sue, Paypal or the buyer?

    And does anyone have any experience of this?

    Financially I could write it off as a bad experience, but should I? :shrugs:
  2. So, the buyer has admitted they received the item?
  3. Yes. What she is saying, is it was her husbands credit card, and now they are getting divorced, he's told the cc company that it didn't authorise it, so its been chargedback.

    She initially did respond, saying she'd pay me back, but couldn't at the moment. Then agreed to pay monthly, but I've not received anything and I'm getting fed up with being patient. The chargeback was agreed 19th Jan 07.

    My only concern is her hubby must be British, but I think she is Polish, and only returns to the UK to sort her divorce, so the address I have is her original marital home in London, not her Polish one. :wtf:
  4. Oh yeah, I remember hearing about this, but I think you have to sue the guy? and then he'll have to sue his wife? or claim the money back somehow in the divorce proceedings?

    Can you find out his phone number from eBay? Maybe you could ring him and speak to him about the situation?
  5. This is such an awful thing to happen. I would imagine they are a couple of scam artists at work and have probably ripped of plenty of others too. They seem to have devised a get free stuff at the expense of others scheme.
    I'm not sure whether or not you should sue him or her, but probably her as she's the one with your bag.
    Don't forget to save all your correspondence.
    Good luck and so sorry this happened to you.
  6. Had a look on paypal transaction page, no telephone number, but could write as I have the address.
  7. I would ask her to send the item back if she hasn't used it you can resell. I would hold out little hope of you getting your money. Failing that you have to sue the buyer not Paypal.
  8. Thank you for the guide. I was hoping I could resolve it without having to resort to this. Which is why I wondered if anyone else has done it, to find out how easy or complicated it is.
  9. It just annoys me, that paypal is supposed to protect you, and they no longer even respond to my emails. :cursing: I am paypal verified. The transaction was sent to a confirmed address. The feedback was positive, but they have quickly abandoned me, because of the proof of postage. :cursing:
  10. Yep. Same happened to me, sent an item to AUS seller claims never to have received it...

    I have certificate of posting for them, but they want a tracking number, IDIOTS! so they give back this person £36 of my money, before Royal Mail have even started looking into the matter lol
  11. Your buyer has no good faith. Ask her you'll sue her-international civil law act.
  12. I'm not certain about international law, but it sounds like you'd have to sue the wife since she was the one that took possession of the bag, so she owes you money.
  13. Sorry, I forgot to ask the buyer location. I usually purchase from internationally sellers, that's why I suggest her international civil law. Def. if buyer is in UK, too, then use civil law