on โ12-08-2015 09:20 PM
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.
on โ12-08-2015 09:24 PM
on โ12-08-2015 09:36 PM
Check with paypal but it is my understanding that if you have won a paypal dispute then you have seller protection in the event of a bank chargeback.
Before you ring paypal have a look at the Agreement you have signed with paypal. If there is a large amount of money involved they will try and wriggle out of it but if you are sure of the terms of your agreement you can bluff them. If necessary you can go to the FOS.
on โ12-08-2015 10:07 PM
@mypoppygirl wrote: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.
Don't even think of trying to take legal action in the USA unless the item was worth tens of thousands of dollars.
If you think legal action in Australia is expensive then you will find legal action in the USA is even more expensive.
I think you will find legal aid offices are only for US citizens.
on โ12-08-2015 11:20 PM
You could perhaps tell the seller you will report them to the Federal Authorities for frauud and obtaining goods by deception. It may be the case that the purchase was made with a cloned or stolen credit card in which case the card owner is entitled to their money back and as long as you have the correct proof you should be covered by Paypal however it s the person at the address you sent it to who has done the wrong thing so as long as you are sure of your level of proof yoou can report them to the US Federal department that deals with internet fraud, I cannot remember off hand what it is called but someone may be along who will know.
on โ13-08-2015 12:38 AM
PJ I believe it is the FBI that is responsible for internet fraud.
Some years ago I was investigating the AU internet fraud site (Queensland police at the time) and they gave links to international sites....it was the FBI in the USA.
Can you confirm that if a seller wins a paypal dispute they have seller protection against a chargeback? I am sure someone told me that but as I am not a seller I am not 100% sure.
on โ13-08-2015 09:15 AM
Palpal does not cover credit card charge backs unfortunately.
on โ13-08-2015 09:16 AM
Also because of the privacy agreement Paypal will not disclose their bank details
on โ13-08-2015 11:42 AM
@mypoppygirl wrote:Palpal does not cover credit card charge backs unfortunately.
I'm not sure that's correct (although there may be a limit for the amount covered).
I had a US buyer file a chargeback some time ago; they also filed chargebacks with approximately 15 other sellers over a period of 6 months. All sellers who had proof of shipment were covered.
It was blatantly obvious that this person was committing fraud. Their username included the name of a popular character - and all of the items they had purchased (ever - not just throughout the 6 months) were items depicting said character. Two days after they filed the chargebacks and "reclaimed" their account, they changed their username - to another variation of the first username, and it again included the name of the character.
If they weren't committing fraud, then what are the chances that someone got into their eBay and Paypal accounts, and just so happened to be fans of the exact same character that they were a fan of? Not likely.
This is exactly why I stopped posting overseas - if anything goes wrong, it can cost you a fortune. US banks seem to approach chargebacks differently than Australian banks - it's pretty much guaranteed that a US bank will give the buyer their money back if they file a chargeback, even if there is overwhelming evidence that they are committing fraud. Australian banks are, in my experience, more cautious.
That's without even mentioning having to pay the cost of international postage if someone wants to return something. No thanks!
on โ13-08-2015 12:44 PM
Paypal don't cover chargebacks for SNAD, even if you have won a PP case..
I would upload all possible information to PP. i.e. fight the chargeback.
Request that the item be returned to you.
And when/if it goes against you, file a complaint with FOS
Barrie