legal challenge

[mypoppygirl]

Had a buyer purchase something from us and claimed that we sent the wrong item.

Ebay ruled in our favour and so did Paypal but the buyer went to the credit card company for a charge back.

We have overwhelming evidence that we sent the right item but as many hundreds of dollars are involved, we do want to lose this and usually credit card companies rule in favour of their clients, unless a pattern of chargebacks appear.

The question we would like to ask is this. We are in Australia and the buyer is in the US. What options have we got to challenge this person through the legal avenues? Perhaps some other avenue?

Is there any free legal aide offices available in the US? The buyer is in Chicago.

[lyndal1838]

Have you read the paypal agreement for yourself?

I told you paypal would try and wriggle out of it if a large amount was involved.

Make sure you read the current agreement....the new one may be different and does not come into force till September.

If you are satisfied that you are covered for seller protection (and you should be if you have already won a dispute) ring the Ombudsman.

[character_parties_aus]

I have had two credit card chargebacks fully covered by paypal this year.  On both occasions they were disrectionarty decisions by paypal who effectivley wore the less as I am a good customer and have very few issues with my account.  There can be some human behaviour at paypal that is outside of what is said in an agreement so it may be worth calling them and appealing to their more human side. I have always found paypal pretty decent to deal with and very fair.

[mypoppygirl]

Here are the clauses Lyndal that Paypal use that justifies their stand on the matter

I quote:

• The buyer claims the item is significantly not as described;
• The buyer files a claim through a buyer protection policy other than the PayPal Buyer Protection Policy.

[padi*0409]

You said in your opening post that both eBay and Paypal ruled in your favour, I would suggest that you phone Paypal one more time, ask to speak to a supervisor and let them know that you are going to open a case with the Financial Ombudsman Service if they do not refund your money.

 https://www.fos.org.au/

[lyndal1838]

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@mypoppygirl wrote:

Here are the clauses Lyndal that Paypal use that justifies their stand on the matter

I quote:

• The buyer claims the item is significantly not as described;
• The buyer files a claim through a buyer protection policy other than the PayPal Buyer Protection Policy.

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So what did they claim through if it was not paypal or ebay?   They have already claimed through paypal and ebay and lost the claims so YOU as the seller have seller protection.  Seller protection does cover chargebacks.  Have a look at the section on chargebacks....you are covered if you have seller protection.

Put in a complaint to the Ombudsman....you have nothing to lose and everything to gain.

[mypoppygirl]

Thank you. I will do that.