got scammed by a buyer on Ebay **WON refunded by eBay**

[MrJohnW]

Hello, 

Which forum would be the best place to get advice for taking someone to court?  

[dx100uk]

post here we'll move.

 

 

dx

 

[MrJohnW]

Hi, 

Someone recently scammed me on Paypal, they decided in the buyers favour despite it being glaringly obvious that he was a scammer(Claimed I sent him a womens top instead of the actual item).  

I have plenty of proof he is a scammer, and Paypal have that and still sided with him.  

So I want to take the buyer to county court and refer him to action fraud. 

I need a letter before Action first I believe.  Something like this?  

 

Dear "Scammer" 
 

Re: Fraudulent Paypal Claim
 

You recently submitted a fraudulent Paypal claim against me, claiming I sent you a Womens Top instead of the items you paid for.  Paypal have since charged me £50 for the cost of the items as well as a £12 fee.  
 

I am requesting that you transfer the sum of £62 to the following Paypal account (123@email.dot) to pay back what I am owed from your fraudulent claim. 
 

If I do not receive a payment from you within 14 days of the date of this letter, I intend to issue proceedings against you in the County Court without further notice as well as report you to Action Fraud. This may increase your liability for costs.

 

I look forward to your payment and a swift end to this matter.  
 

Yours faithfully

 
Bob
 

[dx100uk]

moved you to the online forum.

100's of like threads here.

 

why dont you simply do a chargeback to your bank if you pay pp by a debit card?

 

do you regularly use pp?

 

 

[MrJohnW]

He committed a crime, and I have the time and inclination to make him pay for it.  

[dx100uk]

no its not a crime nor fraud that the legal system will ever be interested in.

it's part of the Ebay/Paypal etrading business model that has existed since the day they started.

you are one of 10'000's that fall for these scams across the world everyday.

 

go do a chargeback and walk away from the ebay/PP accounts, inform your bank not to honour any CPA or DD requests from ebay/paypal under a/c number xxx in the future and create new ones with slightly differing details, thats what everyone else does.

 

ebay/pp cant do anything about the neg balance

unless any PP credit agreement since brexit is involved, these historic  PP acounts cant appear on credit files and they have zero UK legal powers to do anything to you. 

[MrJohnW]

Hi, 

I never said ebay.  And it is a crime, the authorities are only interested in it from the side of Action Fraud, so I will take him to court to get my money back from him and get some justice as well.  

 

What do credit agreements since Brexit change for paypal?  As there are a couple of Pay in Threes on the paypal which I have no intention of paying while the account is in a negative balance. 

 

 

[theberengersniper]

On 26/07/2022 at 14:41, MrJohnW said:

Hi, 

I never said ebay.  And it is a crime, the authorities are only interested in it from the side of Action Fraud, so I will take him to court to get my money back from him and get some justice as well.  

 

I think the point DX is trying to make is that, while fraud is obviously a crime, the Police have bigger fish to fry and I doubt you'd get anywhere with them. The same applies to Action Fraud. By all means report the guy, but unfortunately nothing will come of it.

 

The suggestion DX makes is to request a chargeback via your bank so you get your money returned.

 

PayPal will then place your account in negative balance, which, provided your PayPal account is pre-Brexit, they can't do anything to recover.

 

The down side for you though is that you'd need to abandon your PayPal account and create a new one, since any funds that hit your old account would immediately be swallowed by PayPal to satisfy the 'debt'.

 

If you know the address for service of your LBA and subsequent action, then nothing is stopping you continuing, but do bare in mind, you would require strict proof that you sent him what you say you did.

 

Do you have that, e.g., a video of you packing up the item? All he has to do to defend your claim is introduce enough doubt that, on the balance of probabilities, the item was either tampered with en route, or you sent him the wrong thing.

 

If you search the forum you'll see hundreds of threads about a certain delivery company that recently changed their name having packages go missing or their contents tampered with. It is just possible he's actually telling the truth.

[dx100uk]

Don't issue a loc waste of time.

 

You'd have too look at what you signed up to for the BNPL stuff, however that whole system is under FCA scrutiniseation  at present....but just do the chargeback, and ignore that sum.

 

Have you actually started a dispute with eBay yourself? Or just let them rule without your input ?

 

 

[MrJohnW]

Update(from a while ago sorry), I got angry at someone at paypal, had it passed up to a specialist claims handler and explained their obviously flawed decision and they rescinded it and refunded me. 

[dx100uk]

Thank you for updating us .

 

Few do 

 

Dx

[honeybee13]

Well done and thank you for the update.

 

HB