Buyer open paypal dispute for NON REFUNDABLE deposit???

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#16
It'll be interesting to see how PayPal rules on this one. Since she has not submitted payment in full for the item, she definately cannot file for an "item not received". In fact, I'm not sure she qualifies for buyer protection at all. I think that the most she could do is claim that it was an unauthorized transaction...but since she's already filed INR, she's pretty much screwed on that one.

I believe that the OP might just actually win this one.

From PayPal's User Agreement - note the bold text in red below:

http://www.paypal.com/cgi-bin/webscr?cmd=xpt/UserAgreement/ua/USUA-outside#pbp-policy
13. Protection for Buyers.
13.1 How am I protected if I have a problem with a purchase?

PayPal has two programs to help protect you:

-PayPal Buyer Protection (for eligible items purchased on eBay)
-PayPal Buyer Complaint Policy (for all other items purchased on or off eBay)

13.2 What types of problems are covered?

PayPal’s programs help you if you encounter either of these problems:

-Item Not Received (INR)
- Significantly Not as Described (SNAD) (see definition below)

If your problem is a transaction that you did not authorize, please report the unauthorized transaction through the PayPal Security Center at https://www.paypal.com/security.

13.3 PayPal Buyer Protection

What are the eligibility requirements for PayPal Buyer Protection?

You must meet all of these requirements:

-Use PayPal to purchase an eligible item on eBay.
-Pay for the full amount of the item with one payment. Items purchased with multiple payments – like a deposit followed by a final payment – are not eligible.
-Send the payment to the seller through:
The eBay "Pay Now" button, or
the eBay invoice,
-Open a Dispute within 45 days of the date you sent the payment – then follow the online dispute resolution process described below under Dispute Resolution.
-Keep your PayPal account in good standing.
Click to expand...
 
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#18
no, this was not an ebay transaction, it was bonanzle. i wouldn't call it a transaction since the deal was never close.

i just spoke to paypal representative, paypal review each case individually based on paypal transaction details, buyer and seller dispute communication, supporting documents such as email and so, and i was advise that i should escala te to paypal instead of dealing with a buyer who broke her own agreement. and the representative very positive if paypal do not favor me. i spoken to the same representative i bump in this morning and he was always right.

technically i do not loose money or goods except my time and energy, i will be happy to refund her partial or full deposit if she just being humble and honest!

for those who are seller will see my point and for those who are buyer might not be, i am not only selling but i buy too, i am pretty easy to work with i just hates buyer twisted the whole story so they will get what they wants!

i am escalating this dispute to paypal as i do not wish to waste another minutes with this buyer, i had lost my respect for her as one of the tpf member and let's it handle in 3rd party hands.

i will update when paypal decision is make.
 
#19
I agree that she made the deal and should stick with it, but in this economy her husband MAY have lost his job and every dollar counts. I am big on principles, but I think that in this case you should refund her money and ask to keep enough to cover your listing fees and Paypal fees as a goodwill gesture.
 
#20
I am such a sceptic but I just don't believe the buyer's story. Who in their right mind would put down money for an expensive bag with a laid-off husband? Your time has to be worth something. As much as I would hate to, I would refund the the money minus a "restocking fee" at your discretion.
 
#21
I would wait for Paypal's decision and I'm very interested to see how they rule. I would keep the deposit if she's buying other bags because then I wouldn't believe her story. If it's who I think it may be, her DH was laid off quite a while back and she's "bought" several bags since then (or said she did). I may have the wrong tpf'r in mind though.
 
#22
Thanks, couture_addict. I knew someone would come up with the official PP "speak-ease." (see post #16 above)
couture_addict said:
It'll be interesting to see how PayPal rules on this one. Since she has not submitted payment in full for the item, she definately cannot file for an "item not received". In fact, I'm not sure she qualifies for buyer protection at all. I think that the most she could do is claim that it was an unauthorized transaction...but since she's already filed INR, she's pretty much screwed on that one.

I believe that the OP might just actually win this one.

From PayPal's User Agreement - note the bold text in red below:

http://www.paypal.com/cgi-bin/webscr?cmd=xpt/UserAgreement/ua/USUA-outside#pbp-policy
Click to expand...
 
#23
Dyyong, sit tight and wait until paypal rules one way or the other. It appears that the buyer will not win because the deposit is a partial payment which should not be covered under buyer protection. Also, this transaction was labeled as a "service" and not "goods." Although I am sympathetic to the plight of the buyer's dh (should this story be true), an agreement is just that - a promise to follow through on one's word and consequences if the agreement is broken. I see nothing "tacky" about you keeping the deposit.
 
#24
Buyer Protection is for eBay purchases. The Buyer Complaint Policy doesn't seem to have much in the way of details.

PayPal has two programs to help protect you:

* PayPal Buyer Protection (for eligible items purchased on eBay)
* PayPal Buyer Complaint Policy (for all other items purchased on or off eBay)
Click to expand...
 
#25
buyer did not told me sob story about her dh, she posted on tpf and i read it, i feel sorry for her about dh lost his job but could never understand why that did not stop her buy bags and posting all over tpf!

as i mentioned before i do not loose any money or bag in this situation no matter paypal favor my sites or hers, it's the principal and her attitute that i can not come to an agreement with her.

it's escalate to paypal claim under review by claim department, i'll keep all your lovely ladies posted!
 
#26
your guess most likely right!

imonpurseblog said:
I would wait for Paypal's decision and I'm very interested to see how they rule. I would keep the deposit if she's buying other bags because then I wouldn't believe her story. If it's who I think it may be, her DH was laid off quite a while back and she's "bought" several bags since then (or said she did). I may have the wrong tpf'r in mind though.
Click to expand...
 
#28
If it was me, I wouldn't refund the NON-REFUNDABLE deposit. And if I were to put myself in the buyer's shoes, I would NEVER send a deposit on something that I'm not 100% sure that I would purchase, and definitely reduce my spending dramatically if my husband were to lose his job.
 
#29
personally i'd return the money just to be done with it. since it wasn't an ebay transaction, you didn't lose any fees, right?

next time, if you do something like this, maybe take the initial deposit by postal money order.

i would say don't even offer 'layaway'. someone waiting this long is just taking advantage of you. if they really had to have the bag so bad, they would have done BIN and put it on their credit card and did layaway through having the bag on credit.
 
#30
i just found out the buyer actually have another UGLY thread accusing her for something bad!
i really wants to THANKS her for letting me know her well!
 
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