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?

[i-love-my-sheep]

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@nirv_australia wrote:

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

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You have the buyers name and address, have you tried looking in the white pages? Might be worth a shot if they still have a landline.

[nirv_australia]

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@i-love-my-sheep wrote:

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@nirv_australia wrote:

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

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You have the buyers name and address, have you tried looking in the white pages? Might be worth a shot if they still have a landline.

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Yes, thanks, I did try this but there was nothing listed.

[nirv_australia]

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@dylan11235813 wrote:

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.

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I will look into this, thanks.

[dylan11235813]

It might be worthwhile asking over at the whirlpool forums as well as there are some quite knowledgeable people over there that run businesses outside of ebay.

http://forums.whirlpool.net.au

[nirv_australia]

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@dylan11235813 wrote:

It might be worthwhile asking over at the whirlpool forums as well as there are some quite knowledgeable people over there that run businesses outside of ebay.

http://forums.whirlpool.net.au

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I'll give it a look now, thanks.

[thecatspjs]

 Mastercard has nothing to do with account management.

The card issuer (buyers bank) is the one that makes the descision to proceed with a chargeback, based on the information provided to them by the buyer.

My advice is to ring the bank again, and keep escalating if required to supervisors until you speak to someone with the appropriate knowledge.  I would also encourage you to lodge a complaint about the banks actions and misinformation provided to you.

May be a frustrating call, but nonetheless will assist in providing information if you decide to lodge a complaint with the FSO.    Jot down name and postions of people you are speaking to an include in complaint to the FSO. 

[dylan11235813]

I found information that basically said that it should be dealt with the bank as well. Specifically the ANZ, Westpac and CBA information booklets, they are all governed by the same rules also. I couldn't find any specific policy on the matter though.

[a_beautiful_room]

I've been here before and believe me if you want to be successful then you need to stand up and shout (not literally, figuratively) and KEEP SHOUTING!

Try to find the guy on facebook or Linkedin ... take what information you find

Ring the bank and don't let them off the phone till you have some answers (so frustrating as there will be no-one who can do anything other than follow the rule book, no-one has any power) But get names, make sure you have explained everthing, record everything you can.

Print out all of your reciepts, the listing, any communication, keep records

Start a case with the Financial Services Ombudsman, have found them very good, And the banks hate being listed for investigation so use that to your advantage.

If after a week or so you're not getting somewhere file a case at small claims court. Costs about $40 but they are GREAT. Every time I go, I win. The world is full of a-holes and if you don't stand up to them you're just allowing them to get away with it. If you can't file against the buyer, file against the bank for acting against common sense. Believe me it works. I've won a couple of cases against the NAB and CBA.

Every time you're thinking you can't be bothered remember that these people rely on others who can't be bothered. So put your hard hat on and vow to get justice. PM me if you need support or advice. Do it for yourself and every other retailer!

[nirv_australia]

Thank you everyone for your input. I appreciate it more than you know. I have been desperately frustrated at not being able to get any useful information from Paypal, the banks etc but the information provided to me in this thread has been incredibly helpful.

I put in a dispute against Paypal with the FOS this afternoon. But given the information that has been provided in this thread, it sounds like I should be doing it against the buyers bank. I will do that as well. I will also call the bank back and let them know that I know it is their call, not Mastercard's. I will insist to speak to someone who can help me.

[clarry100]

I would also lodge a case with The ACORN as well since this has the smell of buyer fraud all over it.

They buyer should know that if he obtains a refund by whatever means then under Australian Consumer Law he is required to return the goods to the seller. In fact the return should have happened and been verified by you before any refund was made by the bank or PayPal.

So to me it seems PayPal have mis-handled this as well, and the FOS case against them should sort that one out for you.

If not then the one against the bank ought to anyway.