Desperately need help/advice on chargeback

[nirv_australia]

We sold a PC to a customer. The courier tried to delivery it a couple of times and there was nobody home. According to the buyer it was left down the side of their house. The buyer didn't like this. He demanded we have it picked up and send another one. As usual, us sellers are held to ransom from buyers, so we had it collected and sent another one. It had become evident from our communications with the buyer during this time that he was going to be a very difficult and unreasonable person. Anyway, he claimed this second PC had some damage to it. I requested photos but he didnt' send any.

So then I get a notification from Paypal saying that a chargeback has been filed. I supplied all the requested information. A week or two later I get an email from Paypal saying the card issuer has decided in the buyers favour. Yet they sill have the PC! (worth $1800).

I have spoken to everyone - Paypal - they can't help. Saying it is out of their hands.

I have spoken to the buyers bank - they say it wasn't their decision and that Mastercard and Paypal would have decided the outcome.

I can't speak to Mastercard, they don't have a way of contacting them regarding these matters.

I have spoken to the police and they indicated there probably isn't much they can do.

I have emailed the customer many times demanding that he return the PC as it no longer belongs to him. I have had no response. I dont have a phone number for him.

What can I do? How the hell can a chargeback be granted whilst the buyer still has the goods?

[clarry100]

Yes this certainly sounds like its outside Australian laws.

I would be lodging a complaint with The ACORN. See link below.

I thought if you had all the required seller protection in place then you should not lose a chargeback case against you.

http://www.acorn.gov.au/

[dylan11235813]

I assume the sale was through ebay and as far as I can tell you should be protected under the paypal seller protection policy if you have a tracking number and a lodgement reciept with the delivery address (or at least the postcode).

It doesn't matter what the bank thinks and is paypals problem, your case should never have gotten to the point where you had to fight the banks for the claim (or paypal fight the banks on your behalf).

Have a look at paypals seller protection policy (for Australia / it is different to the USA one), if you believe that you meet all the requirements lodge an appeal and also put a complaint in with the FOS.

You should report the buyer to the online fraud website. Stealing and credit card fraud is a seriouse offence in my opinion and any police office that says there is not much that can be done is incompetent.

[harley_babes_hoard]

why on earth did you pick up the first and send another?

[thecatspjs]

If the advice on the emails from paypal says chargeback is for unauthorised use of card and you have provided proof of delivery to buyers address paypal should provide with you seller protection.

What does it say in the paypal advice's regarding the reason for chargeback?

[nirv_australia]

Thanks for the replies. According to Paypal, Seller Protection only covers if the item was not received or if it was an unauthorised payment. It does not cover if there is a problem with the item, which is what the buyer claimed as the reason for the chargeback.

I have just logged into paypal to see if I can lodge an appeal. The only option is to access cases that were closed within the past 15 days. This case was closed outside of that so I am not able to access the case.

[nirv_australia]

What is the FOS? Update: It's ok, I found out.

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@dylan11235813 wrote:

I assume the sale was through ebay and as far as I can tell you should be protected under the paypal seller protection policy if you have a tracking number and a lodgement reciept with the delivery address (or at least the postcode).

It doesn't matter what the bank thinks and is paypals problem, your case should never have gotten to the point where you had to fight the banks for the claim (or paypal fight the banks on your behalf).

Have a look at paypals seller protection policy (for Australia / it is different to the USA one), if you believe that you meet all the requirements lodge an appeal and also put a complaint in with the FOS.

You should report the buyer to the online fraud website. Stealing and credit card fraud is a seriouse offence in my opinion and any police office that says there is not much that can be done is incompetent.

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[beach_and_home]

You can get their phone number through ebay, at least the phone number they used for their ebay account. Go to "advanced search", then on the left there is an option for "find contact information". You need to put in the buyer's ID and the item number, and you will receive an email with hopefully a valid phone number.

[nirv_australia]

Thanks but I already tried that. It said that the item number was not valid as the item ended some time ago.

[dylan11235813]

You might need to visit the mastercard website and look into their policy on chargebacks and what is required from the buyer. I would think something would need returning as well as some sort of proof. If mastercard have breached their policy you could then put a complaint in with the FOS.

At worst I think you could take them to the small claims court. I would be filing a police report for theft as well.