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

TPF may earn a commission from merchant affiliate
links, including eBay, Amazon, and others

Status
Not open for further replies.
Kristie, if you have caller ID on your phone, when they call I would just say hello

and then hang up....they arfe just trying to wear you down with their phone calls..

and anyone calling isn't in any position to make a decision... you need a formal

letter from PP which you probably haven't received letting you know they intend to

send the matter to collections...PP made a bad decision here... so far, it looks

like nothing has been reported to any credit bureaus..good luck & keep us posted
 
Good Luck Kristie. I am rooting for you. Your horror story helped me stop my DH from adding bank account info to his paypal account. I told him what happened to you, and convinced him that paypal just wanted the info in case they ever wanted to lay claim to funds they didn't deserve. He listened to me, because of your situation with them, and even though PayPal are still thieves, they do not have any bank account info. Thank you for the heads up. Hope you prevail.
 
Kristie

I am very sorry to read your story. I am battling a similar fight and at the stage where Paypal says they will fight back my claim. It is for $ 15,499 for electronic items that I shipped when the buyer said they only got "Books" instead of the items. Just got this email from Paypal: Do you have any advice regarding my actions. I have already provided ton of evidence to them, now I hope they fight my case with due diligence.

Hello xxxxxxx,

Using the information you sent us, we are disputing the buyer's request to
reverse the payment.

The buyer's card company has reversed the charges for this payment. The
funds have been removed from your account at this time. If the card company
decides the case in your favor, the funds will be available in your PayPal
account."
 
^^
The buyer claims they got books. I think I have somewhat of a case here. I used professional packing and shipping services to pack and used Fedex priority overnight to ship.

Also, for me money like that is something that I will spend in a year (being a college student), so I will do whatever in my power, whoever I know to spread my message. I will not settle down on this.
 
Kristie,
I do not believe this is a intellectual property/patent matter from what you told me beyond the counterfit claim. Therefore, I wouldnt talk to a IP lawyer about this issue. Legally your claim would not have anything to do with IP realm but more of a conversion or destruction of personal property again Paypal.

After reading your story I decided to conduct a brief amount legal research for you on Westlaw to see if anyone has succeeded against Paypal on similar claims.

There are so many posts I need a little more information.
1) Where does it say that the policy is to destroy counterfit items?
2) This transaction was not done through ebay?
3) How long ago did this transaction occur?
4) How was the transaction done?
5) Where is the other party to this transaction located?(country and province)
6) The item is unique?
7) Do you have the persons name who authenticated the item for you?
8) What state are you from?

Good Luck and I will let you know if I discover anything useful.

As far as suing the individual, it is pretty much useless to bring a claim in America. However, you may be able to bring a claim against the person in their country. I would suggest looking into this possiblity as it honestly would have a greater potential of succeeding.
 
^^
The buyer claims they got books. I think I have somewhat of a case here. I used professional packing and shipping services to pack and used Fedex priority overnight to ship.

Also, for me money like that is something that I will spend in a year (being a college student), so I will do whatever in my power, whoever I know to spread my message. I will not settle down on this.

You should probably start your own thread...you don't want any help/advice getting lost among the many posts in this one.
 
You should probably start your own thread...you don't want any help/advice getting lost among the many posts in this one.

If you'll just glance at the number of her posts you'll see she CAN'T start her own thread yet.

MonkeyBizniz - Unfortunately, you will still have a steep uphill battle with PayPal and your chance of recovering the funds slim. However, do check with the packer's insurance company regarding filing a claim.

(I'm only playing devil's advocate here!) Can the packer prove they packed electronics? Do you have a weight for the items that were to be shipped. Books are awfully heavy! Has the scammer kept ALL the packing materials? That will be necessary for a claim I would think.

I'd be interested in knowing what documentation the packing company can provide in the way of proof and to what extent, if at all, their insurance becomes involved. I don't think you're going to be able to handle this on your own without some court involvement. Good luck. Keep checking this thread too, because the PP experts will read your post and respond.
 
Totally finished with PP/Evilb and deactivated each account. The fact that I had my AMX and bank account tied to PP was scary when a hacker got my information and racked up almost $400 in shipping charges. Caught it, got it corrected/reversed and no longer selling anything online. Fortunately, I sold everything I could think of that was of value. DONE! DONE! DONE!
 
If you'll just glance at the number of her posts you'll see she CAN'T start her own thread yet.

MonkeyBizniz - Unfortunately, you will still have a steep uphill battle with PayPal and your chance of recovering the funds slim. However, do check with the packer's insurance company regarding filing a claim.

(I'm only playing devil's advocate here!) Can the packer prove they packed electronics? Do you have a weight for the items that were to be shipped. Books are awfully heavy! Has the scammer kept ALL the packing materials? That will be necessary for a claim I would think.

I'd be interested in knowing what documentation the packing company can provide in the way of proof and to what extent, if at all, their insurance becomes involved. I don't think you're going to be able to handle this on your own without some court involvement. Good luck. Keep checking this thread too, because the PP experts will read your post and respond.

My bad...I thought I had seen all of her posts, but apparently not---I wasn't trying to be rude, just genuinely helpful! :shrugs:
 
Yes, I recently sent a letter to EVERY single person from the CEO to the garbage man that works at Paypal. I received generic responses from a few and a detailed one form one person. I emailed her BACK again and am awaiting to hear more.

Good for you! You're on your way. Try documenting every time they call you to harrass you and then include that in your emails to the "Executive Escalations" people. They are the ones who will ultimately restore your account if you bug them enough. Make a list of dates and times and try to get the person's name who called you even though you've put it in writing that you have asked them to contact you ONLY in writing and not harrass you by phone. For them to do that is against the law and they know you can prove it with phone records. Basically you have to keep shoving it in their face that they are breaking the law. Save a copy of the same letter you send requesting them to stop harrassing you and proving your case was decided as unauthorized with their policy quoted and just keep sending it every day. They'll get the message!!! Especially the Exec. Escalations team who have to open every one of your emails, every day, listening to you harp about your problem :D
 
Here's a good sample that website suggests to send via email:

June 25, 2011

PayPal Inc.
Attention: PayPal Legal Department
2145 Hamilton Avenue
San Jose, California 95125

Re: My Paypal Account
Paypal Cases #


Dear PayPal,

On (fill in your date), I advised you in writing of the following:

“I would also like to request, in writing, that no telephone contact be made by your offices to my home, my cell phone, or to my place of employment. If your offices attempt any telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit against you.

Today I received a series of telephone calls on my home phone and cell phone from the PayPal Collections Department re: the negative balance on my account. I have noted this instance of violation of my rights and will continue to document the harrassment until the matter is resolved to my satisfaction.

I will remind you below of the law governing your conduct.

Regards,
(fill in your name)
cc: Scott Thompson, John Donahoe

Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b)
Prohibited conduct
The Act prohibits certain types of "abusive and deceptive" conduct when attempting to collect debts, including the following:
Communicating with consumer after request for validation has been made: communicating with the consumer or the pursuing collection efforts by the debt collector after receipt of a consumer's written request for verification of a debt made within the 30 day validation period (or for the name and address of the original creditor on a debt) and before the debt collector mails the consumer the requested verification or original creditor's name and address.
Failure to cease communication upon request: communicating with consumers in any way (other than litigation) after receiving written notice that said consumer wishes no further communication or refuses to pay the alleged debt, with certain exceptions, including advising that collection efforts are being terminated or that the collector intends to file a lawsuit or pursue other remedies where permitted.
Hours for phone contact: contacting consumers by telephone outside of the hours of 8:00 a.m. to 9:00 p.m. local time.
Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously: with intent to annoy, abuse, or harass any person at the called number.
Communicating with consumers at their place of employment after having been advised that this is unacceptable or prohibited by the employer.
Contacting consumer known to be represented by an attorney.
Misrepresentation or deceit: misrepresenting the debt or using deception to collect the debt, including a debt collector's misrepresentation that he or she is an attorney or law enforcement officer.
Publishing the consumer's name or address on a "bad debt" list.
Seeking unjustified amounts, which would include demanding any amounts not permitted under an applicable contract or as provided under applicable law.
Threatening arrest or legal action that is either not permitted or not actually contemplated.
Abusive or profane language used in the course of communication related to the debt.
Communication with third parties: revealing or discussing the nature of debts with third parties (other than the consumer's spouse or attorney).
Contact by embarrassing media, such as communicating with a consumer regarding a debt by post card, or using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram.
Reporting false information on a consumer's credit report or threatening to do so in the process of collection.

Enforcement of the FDCPA
Aggrieved consumers may also file a private lawsuit in a state or federal court to collect damages (actual, statutory, attorney's fees, and court costs) from third-party debt collectors. The FDCPA is a strict liability law, which means that a consumer need not prove actual damages in order to claim statutory damages of up to $1,000 plus reasonable attorney fees if a debt collector is proven to have violated the FDCPA.
 
Status
Not open for further replies.
Top