I hope you have a copy of the message where he says it was his customer, not yours.

That will strengthen your case for getting your money back.

Paypal make a lot more money from his 2 large business than my very small ebay one, may be another reason why he won.

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@juliew5030202 wrote:

Paypal make a lot more money from his 2 large business than my very small ebay one, may be another reason why he won.

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IMO why he won is because you did not take your time to gather all the information you could to very very carefully craft your response and respond to the claim via the dispute console including referencing paypal policy and even relevant Australian legislation. 

 

The rate that this paypal claim and appeal have been found in a buyers favour so quickly is astonishing.

 

Were you clear that you wanted to submit a appeal ?  Did you pre-prepare a written appeal ?  or are you simply stuck on arguing the case with the messages alone ?  

 

 

 

 

 

 

 

Just wanted to add -  additional grounds to appeal the decision on when you received the phone back were that the device has been returned without any care given to proper packaging AND with another businesses security seals - further evidence that phone was checked and reboxed on reciept and resold (supported by photo evidence that you could have compiled)

 

There are numerous other things that have been overlooked - but having spent my posting trying to get pertitant facts from you in this thread, have not been focused on but include:

 

- The delay in buyer opening claim  and

 

- That your parcel was insured and buyers own information re resale meant that you did not follow your usual protocol which would be that they take parcel and packaging for assessment by Australia Post so that any damage that occured in transit could be assessed.

 

 

 

Yes I had the parcel insured but as he resold this I didn't think that I would be able to claim. Also It had been over 2 months since the sale now.

Yes I told paypal that it had different security seals and how it was sent back to me.

... telling paypal

 

....submitting a formal written appeal with supporting photos etc etc

 

two different things

I asked where do I send photos and paypal said it wont count as obviously the tab is broken now, I have never had this happened before and I didn't know the process.
Never had to do formal appeal before, I wrote what were all the facts I had which obviously made no difference at all.
It seems they had made up their mind the minute he lied and said he received it damaged and nothing I could say or do would make a difference.
All they kept telling me is that he said he received it damaged and it would come back to me, even after the appeal.

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@juliew5030202 wrote:
I asked where do I send photos and paypal said it wont count as obviously the tab is broken now, I have never had this happened before and I didn't know the process.
Never had to do formal appeal before, I wrote what were all the facts I had which obviously made no difference at all.
It seems they had made up their mind the minute he lied and said he received it damaged and nothing I could say or do would make a difference.
All they kept telling me is that he said he received it damaged and it would come back to me, even after the appeal.

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...but you sent them the messages ???

 

What you have said paypal said does not even sound right.

 

Did you even request to appeal their decision?

 

Or did you ring up to complain that their decision was unfair.

 

Two different things.

 

I give up.

 

As lyndal said, like pulling hens teeth.

 

Yes I appealed the case with the evidence and it didn't change. They sent another email to say they had made their appeal decision.

I also rang after that to see why my evidence wasn't taken into account.

Hens teeth.........frustrating from my end to say the least that paypal wouldn't even give me a fair go.

Lets hope that this never happens to anyone else here.

 

 

Have you lodged the dispute with the FOS yet?