Item said Not recieved Ebay/Paypal Charge Back

queenslander-one
Community Member

I have today had a Paypal chargeback for an item said not recieved by Ebay/Paypal. Have advised the FOS as Paypal under Ebay's instruction have removed money from my account when I had Proof of Postage. (Photograph of item correctly addressed and Postmarked by my Postmaster. Waiting to hear the outcome.

Copy of my response to Ebay/Paypals removal of funds below.

 

Hi I sent the buyer a photo of the item posted at the Post office on the 5th Feb to his Paypal Address (Please see my Ebay emails sent) or can supply again to Ebay.

Also under Australian law item 101 of Australia post rules. 101 Articles carried by post to be taken to be Australia Post’s property.

Quote For the purpose of any legal proceeding or action in relation to an article carried by post or under the control of Australia Post, the article shall be taken to be, while it is being carried by post or under the control of Australia Post, the property of Australia Post.

 

In Australia, the seller is not legally responsible for delivery, only postage, therefore proof of postage is what is required Also under Paypal rules.

What is proof of shipment? • The date the item was sent; and

•An official acceptance by the shipper, such as a postmark or online status. (Status that shows the item was delivered is also acceptable.) It must also include either: •The recipient’s delivery address, showing at least the state, city and postcode (or international equivalent); or •A receipt from Australia Post showing at least the recipient’s suburb, city or postcode (or international equivalent).

If money is removed by Ebay from my Paypal account over this correctly sent item I WILL be lodging a complaint with the Financial Services Ombudsman. Ebay if it wants to provide an insurance service for so called non delivered items can but not at my expense.

 

Will see how I fair

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Re: Item said Not recieved Ebay/Paypal Charge Back

fair enough  we are not all profesional lawyers,who can understand what he is saying.

look he is telling the law prob corectly, but the real world  things do not work like that, 

could you imagine a big seller sending 100s of packages a week getting an afadavid for every letter to say it has been posted 

could you see the seller taken his parcels to the post office and taking photos with the post office paid stamp on every parcel  well thats what this seller the queenslander does could you imagine if everybody did that its bad enough lining up at te postoffice now  the line would be a fe miles long lol

 

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Re: Item said Not recieved Ebay/Paypal Charge Back

Joe, if it was me than yes i would have everything documented, photos, recipts ect ect, why? Because i dont trust ebay 😜
*we may be human, but we are still animals*
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Re: Item said Not recieved Ebay/Paypal Charge Back

I can understand what he's saying, it just takes a while 🙂

 

But yes, you're hardly going to take someone to court over a few tins of paint (or in my case a few cheap books). There IS a big gap between what the law makes possible and what is feasible for any individual to do. Can't hurt to have that info though, yk?

 

The main thing tallbearded has taught me is about the gap b/w ebay policy and interpretation of australian legislation pertaining to ebay policy (cripes now I'm doing it). I may not act on it, but I like being aware of it.

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Re: Item said Not recieved Ebay/Paypal Charge Back

fair enough   he does use big words  lol

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Re: Item said Not recieved Ebay/Paypal Charge Back


@joethenuts wrote:

 you see the bearded one dont buy or sell so he does not care about bad feed back and red dots. 

 


Joe, how many times do you need to be told before you can grasp the concept that tallbearded is posting on the boards using just ONE of his IDs.  He uses a posting ID, not one of his buying or selling IDs.

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@elusiveeditions wrote:

Joethenuts- I agree that tallbeared's posts are long and convoluted at times, but so is the law. Thus lawyers tend to write like that I suppose.

 

A few times he has actually answered your questions, in a long-winded way; you've simply not grasped what he is saying (understandable! I've had to read some of his posts several times before it 'clicks' in my head).

 

Don't be too hard on him. Personally I've had much free legal advice reading his posts.

 

 


LOL now tall bearded posting ID is apparently a lawyer providing legal advice Cat LOL

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Re: Item said Not recieved Ebay/Paypal Charge Back

mmmmmm    sellers compaining about money back to the buyers   instead of complaining does somebody out there have an answere when a buyer does not get there article , is this new policy put out there because buyers were complaining they were not getting there parcels [  i agree if your parcel has tracking  you shoukd not get a defect point   sending letters   just close your eyes = not good enough you know aus post loose thousands of letters a year  just read the papers some letters are taking 4 weeks to go 100 miles away      [   come on guys what is the answere buyers cant have it all there way either can sellers has anyone got an answere ]

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Re: Item said Not recieved Ebay/Paypal Charge Back

But.... he is a lawyer. He's said so many times.

 

He's provided info many people wouldn't already have had (which is all I meant by 'free legal advice').

 

Not quite grasping your laughter here?

 

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Re: Item said Not recieved Ebay/Paypal Charge Back


@joethenuts wrote:

mmmmmm    sellers compaining about money back to the buyers   instead of complaining does somebody out there have an answere when a buyer does not get there article , is this new policy put out there because buyers were complaining they were not getting there parcels [  i agree if your parcel has tracking  you shoukd not get a defect point   sending letters   just close your eyes = not good enough you know aus post loose thousands of letters a year  just read the papers some letters are taking 4 weeks to go 100 miles away      [   come on guys what is the answere buyers cant have it all there way either can sellers has anyone got an answere ]


It is actually possible for a seller to send parcels and close their eyes (I have skimmed the posts in this thread, sorry if I'm repeating things).

 

Consider these two, very possible, scenarios.

 

Scenario 1 - Seller posts an item, the package has full tracking, requires signature on delivery, it's addressed according to the delivery address provided by the buyer. Australia Post mark it as delivered to that address, but the buyer says they never got it and opens an eBay case. The buyer is telling the truth, and it's Australia Post who has made a mistake. 

 

It won't matter to eBay or PayPal that the buyer didn't get the item, the seller will not be held financially accountable (by eBay, or PayPal) won't have to refund the buyer. The buyer may or may not get a refund from ebay, they almost certainly wouldn't get one from PayPal, and the fact remains that the buyer did not get their item, but if they don't receive a discretionary refund from eBay, they are completely out of luck unless the seller voluntarily refunds or replaces. (As a sidenote, the seller won't get a defect regardless of whether they decide to assist the buyer, and/or refund them, in fact the seller is perfectly safe from ebay / PayPal even if they point-blank refuse to even try to help). 

 

Scenario 2 - seller uses click and send to post an article, to the correct address, and gets proof of lodgement, the article is never delivered to the buyer, but this time the tracking information shows that it was never delivered. eBay probably will refund the buyer if they opened an MBG case, probably from the seller's funds unless the seller successfully contests the decision, but PayPal won't.

 

In fact, PayPal specifically state that a buyer is ineligible for protection (against INR) if the seller has proof of postage - delivery (that is, the buyer actually receiving the item) is wholly irrelevant. 

 

The fact is, these policies aren't as much about buyer's not getting their items as they are about sellers not sending items, despite the more stringent expectations / policies eBay's Money Back Guarantee creates - that can clearly be shown by the fact that it doesn't matter if a buyer doesn't actually get their item, what really matters is whether a seller can show evidence they can't be blamed for the buyer not getting their item. (More so in the case of PayPal's policies than eBay's, obviously, but it's interesting to note that so far, and as far as I know, eBay seem to have caved every time someone's called them out on their proof of delivery requirement).

 

One of the things this also highlights is that all of that - the policies, the legalities etc - is a separate issue to what someone feels is a moral and/or ethical obligation to a buyer. 

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Re: Item said Not recieved Ebay/Paypal Charge Back

what is the answere  for both sellers and buyers  i dont know.

due to my products  size and weight i only  have pick ups but i do courier about 1% of my sales in fact i have 3 lots to go out tomorrow

and i was thinking a while back should i put on my pages we can deliver   so this is why i am getting interested in these posts   and my decision is to leave my business as is , why change a business thats going very well and prob have headaches with  deliveries  .

have a nice day  p.s  i have 2 pick up points so buyers have a choice which is closer 

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