WARNING, Paypal just made me lose $20 THOUSAND dollars from a scamming buyer

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#391
Damn, just looked it up - Small Claims limit in Calif. is $7500. OP, you need to gather more info and then make a choice. You can chose to go to Superior Court (and incur legal fees) in hopes of getting the full $11,000, or you can go to Small Claims with no lawyers, but you will have to waive damages in excess of $7,500. This is a nightmare...
 
#392
OMG. This story literally made my stomach turn. I can't believe this is considered "the cost of doing business!" I can't believe people like this (Paypal folks & the buyer) can sleep at night!! I'm so sorry this happened to you and I hope everything works out. Having to pay the legal fees on top of everything is really crappy. I honestly think buyers with 0 feedback shouldn't be allowed to buy items over a certain price. It seems like 0 feedback buyers/sellers are notorious for pulling scams.
 
#393
Luvbolide said:
OP, I know that you must be beside yourself, but I would like to put in a word of caution. You will likely have one shot at a communication with PP so it should be written or at miniimum reviewed by an attorney before it goes. You want to include everything in it and you need the proper tone. You also need to handle threats just so and be correct on the law or they will end up laughing at you and dismissing you! I still recommend Small Claims - you can do it in Santa Clara County easily - the forms and info are available online. It is made for lay people to do - you won't incur legal fees. In addition, PP won't be able to send a lawyer to argue against you. I am happy to provide you with any help/info that I can - feel free to PM me. Yes, I am a Calif. atty and have been for more years than I care to think!!
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I'm curious...what's the small claims ceiling in CA?
Also, Kristie...if you are forced to sue include the $150. authenticity documentation price (PP chose not to use) and all PP monies from your transaction. Throw in the kitchen sink, too...the bastards deserve it!!!!!!!!!
 
#394
Luvbolide said:
Oh, I beg to differ. It may well be that having hopelessly idiotic and one-sided "claims resolution" processes are a cost of doing business, but it is PP's cost and not yours. If they choose to accept the word of a buyer in the face of a documented dispute re: authenticity on a $11,000 bag, then they bear the risk for a mistake. And guess what, in this instance, they made a mistake. They knew that authenticity was disputed but instead of having the bag returned to them, they supposedly ordered it destroyed. Next time maybe they will be more careful. If eBay claims that they are not qualified to determine authenticity even when they have listings with photos on their site, how can PP be qualified to determine authenticity based on a one-sided document presented by a party to a dispute.

This is completely assinine!!
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Couldn't have said it better. My blood pressure increases every time I read this thread...
 
#395
Luvbolide said:
OP, I know that you must be beside yourself, but I would like to put in a word of caution. You will likely have one shot at a communication with PP so it should be written or at miniimum reviewed by an attorney before it goes. You want to include everything in it and you need the proper tone. You also need to handle threats just so and be correct on the law or they will end up laughing at you and dismissing you! I still recommend Small Claims - you can do it in Santa Clara County easily - the forms and info are available online. It is made for lay people to do - you won't incur legal fees. In addition, PP won't be able to send a lawyer to argue against you. I am happy to provide you with any help/info that I can - feel free to PM me. Yes, I am a Calif. atty and have been for more years than I care to think!!
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this to me is an option worth exploring.....and might add, very nice

gesture to step up to the plate and offer help....OP should think

about this... the last thing you want is to have this dismissed and

since there has been money lost already, not to incur any additional

legal fees this might work out for you...
 
#396
Luvbolide said:
Damn, just looked it up - Small Claims limit in Calif. is $7500. OP, you need to gather more info and then make a choice. You can chose to go to Superior Court (and incur legal fees) in hopes of getting the full $11,000, or you can go to Small Claims with no lawyers, but you will have to waive damages in excess of $7,500. This is a nightmare...
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Great minds..................I had a feeling.
 
#397
thepoppet said:
I think whatever the chances of winning the suit, you should still file because PP will be more apt to settle with you. Filing still means they have to expend money and labour to respond to the filing and they'd rather not do that.
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Luvbolide said:
OP, I know that you must be beside yourself, but I would like to put in a word of caution. You will likely have one shot at a communication with PP so it should be written or at miniimum reviewed by an attorney before it goes. You want to include everything in it and you need the proper tone. You also need to handle threats just so and be correct on the law or they will end up laughing at you and dismissing you! I still recommend Small Claims - you can do it in Santa Clara County easily - the forms and info are available online. It is made for lay people to do - you won't incur legal fees. In addition, PP won't be able to send a lawyer to argue against you. I am happy to provide you with any help/info that I can - feel free to PM me. Yes, I am a Calif. atty and have been for more years than I care to think!!
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The rule for small claims in California is $7500 or less.
ETA.... Just saw your correction :-)
 
#398
Luvbolide, thank you so much. I honestly think this may be my best bet of recouping $7500 versus possibly nothing OR a huge costly legal battle with paypal only to still be out $11K PLUS huge legal fees.

I don't want to sound as though I am backing down to not go for the full $11k but this is truly a harsh reality KWIM?
 
#399
You are lucky, I use the word advisedly, in MI the limit is $3000 for small claims. Personally, I'd go the $7500 and represent yourself you can do it!

You're well spoken and you have all the facts!
 
#400
maybe a way to get everything back , would be 1) go to small claims with paypal and get the 7500 plus court fees and then after you win 2) go after the thief with the information that paypal would have given the court. This will show she is in fact a thief. I would start your investigating this person as much as possible.
 
#401
kristie said:
Do you think I should write anything about going public with what they have done? I mean, it would be a shock to the senses of most people if they saw it on a blog or the consumerist, etc.
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You should also contact a TV news station in the scammer's hometown. You know... one of the "investigative" report types. I know the ones in my area would love this kind of story... righting the wrongs for the "little guy". Maybe they will follow her around with hidden cameras so she's caught using the bag to go to the grocery store. Then they can confront her in the parking lot.

Far-fetched, maybe but I truly hope this is resolved in your favor!

SCAMMERS SUCK... plain & simple!
 
#402
kristie said:
Luvbolide, thank you so much. I honestly think this may be my best bet of recouping $7500 versus possibly nothing OR a huge costly legal battle with paypal only to still be out $11K PLUS huge legal fees.

I don't want to sound as though I am backing down to not go for the full $11k but this is truly a harsh reality KWIM?
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agree that this could be a very costly battle and in the long run (smc)

might be the route to go... would definitely bring this to as many

blogs and media as well... good luck to you...you have everything

documented and I say go for whatever you can do... might also

check your "buyers" background.. my suspicion is that she has done

this before and perhaps when others hear of what you intend to

do, they may surface with a similiar episode..
 
#404
janecanadian said:
on an item coming in to Canada worth that much, the buyer would have had to pay a significant amount of duty to Canada Customs...I wonder if they have claimed that back from them with some sort of 'proof' that the item was destroyed...I really don't see Paypal's 'affadavit' standing up with Canada Customs...wonder if there is some way it could be pursued that way???? just a thought...
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This is worth exploring!

Bakerette said:
Jane - we dont pay duty on items made in the USA. And I'm not sure if duty is paid on used merchandise. I'm guessing all this idiot had to pay for was GST, so around $550. Since they got to keep a $11k bag, I'm sure they didn't bother going through the hassle of trying to proof to Canada Customs that the bag was destroyed so they could get the $550 back.
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WEll, the bag was made in France, and OP did not say if it was used or new. But if she had to pay GST, and (lets pretend for a second) the bag was fake, any right minded individual would certainly be within their rights to pursue getting bag $550...I think if she did not (and I would bet she did not!!) do this it makes a good case for showing she scammed the OP and knew what she was doing.----getting the bag for the price of tax alone.

I do also think that getting the local authorities involved would be a good idea.
 
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