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Tractor Talk Discussion Forum

buyer problem and paypal

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Markiess

05-05-2008 07:22:41




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Hello,

I had a tractor part listed on the internet, a guy called me on Saturday AM and bought it, he paid via Paypal on Sat AM, i got the money, etc.

So I went and shipped it per his instructions on Saturday. He emails me yesterday and says he bought another one from someone else and will be returning my part. He says I am to refund his money, less shipping cost!

I told him that I was not going to be giving his money back because I did everything we had discussed and if I did something wrong, then he would get his money back, but otherwise he wouldnt get any refund.

His reply is that "we'll see, I'll dispute it with Paypal and they will give me my money back...you just wait and see....someone did this to me once and it worked for them"

I have already gotten the "dispute notice" from paypal and the reason is "item not delivered".

So, how can I fight this guy and make him hold to his deal? Is it possible, I shipped it just as he told me and even the same day!

Please let me know if I have a chance, I dont know much about Paypal.

Thanks!

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Bendee

05-06-2008 03:09:23




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
I'm with davpal.Get in touch with Paypal and dispute this with his e-mail as your evidence,
They will see he is trying to pull a shifty.



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D-C-741

05-05-2008 22:44:25




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
This is Why It is Called PAY JOKE !!!!! !!!!



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davpal

05-05-2008 21:04:37




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
This should be fairly simple. Send a copy of the email that he wrote to you saying he wasn't going to buy your part because he bought another one. And then sit back and let pay pal drill his @ss to the wall. They wont give him the time of day. He is an idiot.



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omahagreg

05-05-2008 19:16:40




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
Do like I do-avoid paypal and escam altogether! Somebody spoofed 2 different accounts of ours 3 ways, and I decided life was too short for #$#@ like that! Greg



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NCWayne

05-05-2008 15:53:09




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
If your worried about the money before I did anything else I'd cancel my Paypal account and notify your bank that they have no authorization to pay out funds to anything or anybody associated with Paypal or any of it's entities. Once that Paypal account is canceled and the bank is notified not to fund anything without your authorization (which they shouldn't do anyway) no one except the government through a garnishment, etc, has any way to legally access your account. If someone does it will be a criminal offense. Unless they have changed something when an item is bought through Ebay the person enters into a binding contract with you for that item. No matter how it's paid for they are still bound by that contract the moment they bid and win as long as you, the seller, hold up your end of the deal, which it seems you've obviously done. Next contact the guy and remind him that when he bid and won he entered into a binding contract, the item was shipped per his instructions, and tell him if he didn't get the item you'll be glad to contact the shipping company and get delivery or attempted delivery confirmation for him. Whatever happens you'll need proof of the delivery or the attempt. If such an attempt was made and denied or whatever, give him that info and tell you intend to hold him to the contract and if needed you'll gladly give him the number to your attorney. Once the item left your hands and entered the hands of the delivery service it was their responsibility to get it to the final destination in good shape. It's their responsibility for any loss or damage, if you got it insured, and the buyers responsibility if it was delievered and "lost" afterwards. Wether it got to that person or not after it left your hands is really none of your concern unless the shipping company lost or damaged it and the buyer notified you when the item was recieved damaged or simply never got there. Wether you had a delivery confirmation returned to you or not, the delivery service should still show within their system wether the package was delivered or not, what time it was delievered, sometimes even where it was left. They have to do this to cover their a$$es to prevent false claims against them. If the delievery service did in fact "lose" it then you will have the obligation to file a claim as the shipper (ONLY the shipper can file a claim, been there, done that, several times) and handle the refund to the guy. If it was delievered and lost then the guy has no case against you, and if the delievery was denied he has no case either. Once that part is square contact both Ebay and Paypal and let them know about the situation. If you've got all the appropriate corrospondence between you and the buyer, along with the shipping info showing it's shipped and delievered/recieved or shipment was denied, I don't see where he has any chance to come back on you through any outside legal channel nor through Paypal or Ebay's "buyer protection" deals. I'd make sure I talked to a supervisor when calling either Paypal or Ebay and if needed also mention giving them an attorneys number. I imagine they see scams like this everyday and their not gonna want to take alot of time and expense to settle something as "trivial" as this, especially when your not necessarily holding your part but are holding all the legal cards. Just make sure you tell the guy if you have to go after him in court your also gonna be seeking all your legal fees so he might as well pay now or it's really gonna cost him later. Worst case tell him your gonna simply save the money you'd spend on lawyers and spend it to make a trip to see him and see if the item will fit up his a$$ if there's room beside his head, since it's obvious that's where his head is at.

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cadet trooper

05-05-2008 15:04:15




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
You didn't mention how you shipped the part I'm suprised if you shipped just about anyway there should have been a tracking number of some sort way to track it that's required by the ICC even USPS you can put a tracer on it which takes awhile but that puts everything on hold until you get a resolution if you have a receipt you can have it tracked. Now if you shipped it overseas that's another story. Since the Anthrax deal a few years ago they've been real tight on this. Even if you threw your reciept away and you have a date they can look it up. Good Luck CT

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jay-eye-see

05-05-2008 15:01:40




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
what do you have stated for a return policy?, dont get me wrong, i dont agree with what the guy is doing ,but you have to always be careful, and as stated else where here but is worth repeating, ship only to a CONFIRMED address and ALWAYS get delivery confirmation



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Nebraska Cowman

05-05-2008 10:04:35




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
Saturday and you already got a dispute notice? I rather doubt it. I guessing it's fake. Don't follow any links in it. Yeah, If you didn't use delivery confirmation you should have. I got a couple of "non delivery" emails years ago. Once I showed them the evidence it had been delivered I never heard from them again. In you case I imagine even if you have proof you mailed it Paypal would let you off the hook. But I don't think enough time has elapsed for him even to file a dispute.

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SPMN

05-05-2008 09:58:20




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
I quit using Pay Pal several years ago due to similar problems---I did get some things resolved, but not by regular channels---I was able to get their customer service number & talk to a human being----The # is 888-221-1161 ---I would suggest that anyone having problems to call them-----HTH
Kent



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Hotflashjr

05-05-2008 09:42:11




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
Collections!?! I have never seen them go that far. I have had a few people try to get me through Paypal but I have never had it go to collections. Maybe it's time I check my credit report!



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Bob

05-05-2008 09:19:05




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
Probably wouldn't have helped, bu I often include "sold as-is, where-is", and "all sales are final" when selling to unknown folks.



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Alkay

05-05-2008 09:00:48




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
Even having everything in line does not keep Paypal from screwing you around. I sent an item to a guy in England. Had insurance so it could be tracked. The guy decided he did not want and made a dispute with Paypal. I was able to show that the item was shipped and was sitting at customs in England waiting for pickup. What does Paypal do...refund his money, including the shipping. I am now trying to get my item back, but even if I do I'll wind up eating the freight both ways. I have kept my Paypal balance at zero, but they have turned it over to a collection agency. I have given this agency all the details and am getting ready to get my attorney involved. I will never use Paypal again.

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dlplost

05-05-2008 09:18:46




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 Re: buyer problem and paypal in reply to Alkay, 05-05-2008 09:00:48  
"the item was shipped and was sitting at customs in England waiting for pickup"

The Item was never "delivered" to the purchaser's confirmed address.

Sorry to say it, but PayPal will win this one.



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Alkay

05-05-2008 10:50:24




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 Re: buyer problem and paypal in reply to dlplost, 05-05-2008 09:18:46  
But it went out for delivery 3 times to the confirmed address and the postal service was not able to deliver.



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dlplost

05-05-2008 08:58:47




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
Number 1 Paypal rule of business...
ALLWAYS GET DELIVERY CONFIRMATION...

All you have to do to beat him is prove you shipped it to him.
allways use UPS, Fedex, or USPS with delivery confirmation.
And ONLY ship to the confirmed Paypal address.
If you shipped it UPS or Fedex ust your trackiing number to bring up the reciept to show they delivered it.
You can just send the tracking number to paypal.they will look up the number and see it was delivered.

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BOBM25

05-05-2008 08:33:50




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
I paid shipping on anything I've ever bought on ebay or anywhere else for that matter. Have him return the item, he'll have to pay for shipping. When you get the item back exactly as you sent it, then refund his money. You won't be out anything, unless you paid shipping. If you did, that was a mistake. You can relist item and try to sell it again.



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jay-eye-see

05-05-2008 15:08:59




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 Re: buyer problem and paypal in reply to BOBM25, 05-05-2008 08:33:50  
seller will still be out the listing fee and the final value fee if item is returned and buyer pays shipping



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RustyFarmall

05-05-2008 08:15:53




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
If that happened to me I think I would be tempted to mention that guys name right here on these forums.

For what it's worth, Pay Pal makes it way too easy for the scammers and thieves. There are much better and safer methods of making and accepting on-line payments, but Ebay will allow nothing but Pay Pal, so what does that say about Ebay?



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INCase

05-06-2008 13:12:23




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 Re: buyer problem and paypal in reply to RustyFarmall, 05-05-2008 08:15:53  
PayPal is owned by eBay.



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El Toro

05-05-2008 13:00:35




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 Re: buyer problem and paypal in reply to RustyFarmall, 05-05-2008 08:15:53  
I would post his name too. Hal



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Lou

05-05-2008 08:11:47




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
I stoped doing business with pay pal, money order is the only way.



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Hotflashjr

05-05-2008 08:08:35




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
Remove all the funds from your Paypal account. He can only go after the funds if it is in your account. If you keep a $0 balance he can not get a refund even if Paypal "forces" you to. Also, show your receipt for postage purchase showing the day that he paid, Saturday, as proof that you shipped the day he paid and did not allow time to deliver.



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dhermesc

05-05-2008 08:11:58




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 Re: buyer problem and paypal in reply to Hotflashjr, 05-05-2008 08:08:35  
"Remove all the funds from your Paypal account. He can only go after the funds if it is in your account. If you keep a $0 balance he can not get a refund even if Paypal "forces" you to."

X2



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RustyFarmall

05-05-2008 10:26:34




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 Re: buyer problem and paypal in reply to dhermesc, 05-05-2008 08:11:58  
Sorry, it isn't that simple. Pay Pal can and will remove the money from the bank account that is connected to your Pay Pal account. Read the fine print in your Ebay/Pay Pal account agreement.



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kyhayman

05-05-2008 07:58:28




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
Counter your side of the dispute and send copies of his emails. He indicted himself. Also, I'd file a fraud complaint with the county attorney in your county against him.



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Allan In NE

05-05-2008 08:02:58




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 Re: buyer problem and paypal in reply to kyhayman, 05-05-2008 07:58:28  
Absolutely!

Someone needs to pin this jackazz's ears back.

Allan



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big jt

05-05-2008 07:44:42




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
Plead your side of the case with the dispute counsel.

I am curious was the dispute with PayPal or E-bay. I haven't run into PayPal dispute although I know E-bay has this available, & yes I know PayPal is owned by ebay.

Sounds like you have a bit of a loon here. What do you have as a stated return policy?

Like I said plead your side of this that is why there is a middleman to make things fair.

jt

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Allan In NE

05-05-2008 07:43:43




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
He's playing the old double-shuffle scam. He has your part and it didn't cost him a thing.

Bottom Feeder.

Allan



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dave2

05-05-2008 07:28:30




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 Re: buyer problem and paypal in reply to Markiess, 05-05-2008 07:22:41  
Maybe go through paypal and use the email he sent. In the future, clear everything up front and save the email traffic, when you ship something, insure it and have delivery confirmation (at the buyers expense, just let them know up front).

Good Luck,

Dave



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