Paypal account limited Seller Fraud

[junkyardmomma60]

Posting for my sister

My sister has had her Paypal accont limited and cannot purchase anything with her account.

$500 item purchased on December 20 2013

Jewellery item

Title included the following words "Antique Gold"

Description stated item was originally bought for $1000.00 from an antique jewellery store.

Sister purchased item and was not happy that it was basically new.

Contacted seller about returning the item.

Seller claimed that "antique" referred to the colour of the gold.

Sister lodged a Paypal dispute "Item Not as described"

Paypal held the money from the seller until sister returned item.

Lodged at post office: with tracking, signature on delivery and insurance for $500.00

Paypal held the funds for over 10 days after seller said item was received. (Or is this when the tracking states delivered - I assumed that as it was in the Payal Dispute Resolution  arena that the seller would confirm)

Paypal refunds sister.

10 days later, seller appeals decision.

Paypal tells sister to put $500 into her paypal account as they are upholding sellers appeal.

Told sister to ring Paypal as there wasn't an email or anything she could view regarding appeal.

I was relaying a lot of these questions to my sisters partner whilst she was on the phone to Paypal as she has never had to deal with this situation before.

As a seller I have read a lot of Paypal info and browse these boards as well.

Paypal said seller stated there was nothing inside parcel.

Sister asked why would anyone wait 10 days if there was nothing inside.

Paypal said the seller had "proof" The proof was that the seller  had filed a Police Report.

My sister was concerned about returning the item as the seller sent a few nasty emails.

Sister took item to post office and the post office manager viewed the item, then placed the wrapped item into the Express Post  padded bag. (Same method seller used to send item)

Manager sealed bag with tape, item was weighed etc Sister has photos of various stages.

What can she do to clear herself?

Why wouldn't the seller ask sister to make a claim via Aust Post?

Why would anyone wait 10 days to report an empty package?

Paypal rep told my sister that she believed her but that the case is basically closed.

How can my sister clear her name?? and restore her Paypal account

Also if a Police Report was made wouldn't they send the local boys in blue to question my sister??

Sister has been buying for years without any problems and has purchased items far more expensive than $500.00

Seller has feedback for 49 sold items

Sister asked paypal if seller had said whether the package was damaged when delivered, NO

.....momma 

Ps Sorry for the long post but all the details are there.

[lyndal1838]

Sorry this has happened to your sister.  Her biggest mistake was sending the item in an Express Post padded bag.  It should have gone by Signature Required, fully insured mail as paypal would have stipulated when telling her to return the item.

The seller has taken advantage of the fact that your sister has no proof of posting and cannot make a claim on Australia Post as it was not insured.  Basically a very expensive lesson to learn.....follow the rules and you will be fine.

[digital*ghost]

SOD and insurance is available on Express satchels, and the OP said they were purchased.

IMO, fight fire with fire - due to the claim that the parcel arrived empty, you will probably need to file a report / claim with Australia Post so that, if/when AP conclude their investigation and find the parcel was delivered in tact, you can then file a complaint against the seller with the online fraud department and have them hopefully take some action: http://www.afp.gov.au/policing/cybercrime/internet-fraud-and-scams.aspx

I don't know if that will help with PayPal, but I would not be letting this person get away with it. 

[i-once-was-bump]

I think your sister should keep looking for an identical ring being listed in the future either on ebay or Gumtree.

[junkyardmomma60]

As my sister has never returned an item before she contacted me to ensure she was doing everything correctly.

The seller has a different surname and email address for ebay and paypal.

Told sister it HAD to got to the name and address as supplied by paypal.

This was the sellers work address. Package was addressed with both names separated by a slash

Told sister that it was imperative that the item had to be sent with tracking, SOD and insurance for $500 and it was sent with all those options..

Have told sister to pursue this with Aust Post and that this thread may offer more help.

Thanks ........momma

[thecatspjs]

If you get your own police report regarding the fraud and submit to Paypal they will cave.

My advice is that your sister also gets legal advice as I imagine the police will be in contact with her soon regarding the sellers report to them.

[knine-1]

Seller filed  a police report that the item was stolen from the package in transit......seller has no evidence that the buyer sent them an empty package however Paypal has the right to terminate an account at will so cannot be forced to restore it however, as far as the money goes, you can lodge a complaint with the FOS to recover your money from Paypal as the Terms and Conditions of Paypal buyer protection is that you provide proof of posatge for return to the seller. No Terms and Conditions require it to be delivered safely, only posted. The seller as I reiterate can't prove that you didn't inlcude the item in the package.