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Legal advice: Re: Paypal
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M~
Mar 16, 12 10:45
Post #76 of 138
(2590 views)
Re: Legal advice: Re: Paypal [Livetotri]
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Livetotri wrote:
A watch.
Who says I actually have the money?
This happened back in January, I only got the call telling me that the decision was finalized earlier in the week.
From your OP:
"I move the money from paypal to my bank account (I never leave money in paypal, just in case something like this happens) and then receive an email telling me there was a chargeback on the buyer's credit card, I have a -3,850 balance in paypal. "
Livetotri
Mar 16, 12 10:47
Post #77 of 138
(2587 views)
Re: Legal advice: Re: Paypal [M~]
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Almost a quarter of a year ago at this point, I apologize for the confusing language.
Various junk for sale
Eli Curt Fuld
DavHamm
Mar 16, 12 14:12
Post #78 of 138
(2511 views)
Re: Legal advice: Re: Paypal [yimmy]
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yimmy wrote:
DavHamm wrote:
Ok, so lets see. You list in ebay, but agree to forgo their protection to save a few bucks. Hey I still have the paypal protection. You then decide or don't pay attention, and ship to a non-verified address Forgoing that protection. You agree to insure for significantly less -- to avoid custom fees - possibly fraud, but at least dishonest.
So after doing everything you can to screw the system of their money, and not following the simplest of safety nets - only ship to verified addresses. You got screwed and now are looking for protection?
The only thing that is more ridiculous is that some people are blaming paypal or ebay for their lack of response, really wtf he ignored their rules and cheated them of money.
1. You don't have to use Ebay to have Paypal protection.
Correct, but you do have to use EBAY to get EBAY protection as I said above.
2. Technically you don't even have to ship to a confirmed Paypal address to still have protection.
Don't believe that to be true with Paypal
3. Yes insuring the product for less may be considered "screwing the system" but I would encourage screwing Ebay when at all possible.
Uhm Ebay is not the one who is making money on the insurance, it was done to avoid import duties, not ebay fees
_________
Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
(This post was
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by DavHamm on Mar 16, 12 14:14)
DavHamm
Mar 16, 12 14:15
Post #79 of 138
(2506 views)
Re: Legal advice: Re: Paypal [packetloss]
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packetloss wrote:
Also if Ebay's fees weren't off the charts folks would be less likely to try to avoid them. Between ebay and paypal fees on a typical sale, I'd say it's ebay that is doing the scamming....[/qoute]
Ebay fee's are in line or lower than most other ways of doing business. Not free like craigslists, but really inline for most business type structures.
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Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
DavHamm
Mar 16, 12 14:22
Post #80 of 138
(2500 views)
Re: Legal advice: Re: Paypal [Livetotri]
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Why not just file a claim with your Homeowners policy, and hope they don't look into the insurance value.
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Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
LuvMyCrappyBike
Mar 16, 12 23:38
Post #81 of 138
(2422 views)
Re: Legal advice: Re: Paypal [Livetotri]
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Just based on what you've written, you're screwed.
PayPal are a horrible, horrible company when it comes to customer service and fraud claims.
Your best bet is to do what someone suggested: Just reneg on it. Block the harassing phone calls that you'll get from credit agencies for a few years, but eventually it'll go away.
And consider it a lesson.
Never, ever, for any reason whatsoever, complete a transaction outside of eBay.
If someone asks you to do so? They're planning on scamming you.
http://aclockworkmango.com
Looks
Mar 17, 12 0:24
Post #82 of 138
(2412 views)
Re: Legal advice: Re: Paypal [LuvMyCrappyBike]
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LuvMyCrappyBike wrote:
Just based on what you've written, you're screwed.
PayPal are a horrible, horrible company when it comes to customer service and fraud claims.
Your best bet is to do what someone suggested: Just reneg on it. Block the harassing phone calls that you'll get from credit agencies for a few years, but eventually it'll go away.
And consider it a lesson.
It will smash your credit hard......I haven't been on St but man.... never sell overseas! If there is any way that I can help please let me know.
Never, ever, for any reason whatsoever, complete a transaction outside of eBay.
If someone asks you to do so? They're planning on scamming you.
gary_a_gooner
Mar 17, 12 5:53
Post #83 of 138
(2360 views)
Re: Legal advice: Re: Paypal [Livetotri]
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I've purchased and sold watches online and the only way I've transferred money was through wire.
Not too sure where to go from here but I hope you get it resolved.
Seriously, though, Filipinos really have a bad rep. This coming from one. Hope we can still be friends.....
btmoney
Mar 17, 12 6:14
Post #84 of 138
(2345 views)
Re: Legal advice: Re: Paypal [LuvMyCrappyBike]
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LuvMyCrappyBike wrote:
If someone asks you to do so? They're planning on scamming you.
I've done it many, many times. So no thats not across the board. Granted I'm in the USA and I offer to give sellers my phone number so we can discuss via phone.
____________________________
DavHamm
Mar 17, 12 7:02
Post #85 of 138
(2317 views)
Re: Legal advice: Re: Paypal [btmoney]
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btmoney wrote:
LuvMyCrappyBike wrote:
If someone asks you to do so? They're planning on scamming you.
I've done it many, many times. So no thats not across the board. Granted I'm in the USA and I offer to give sellers my phone number so we can discuss via phone.
I to have gone outside ebay. Sometimes still used paypal, sometimes took a chance and payed in cash.
As a seller, I would never use paypal and mail to an unconfirmed address, all your doing is paying the fee's but not getting the coverage.
_________
Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
mcmetal
Mar 17, 12 9:55
Post #86 of 138
(2265 views)
Re: Legal advice: Re: Paypal [DavHamm]
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DavHamm wrote:
packetloss wrote:
Also if Ebay's fees weren't off the charts folks would be less likely to try to avoid them. Between ebay and paypal fees on a typical sale, I'd say it's ebay that is doing the scamming....[/qoute]
Ebay fee's are in line or lower than most other ways of doing business. Not free like craigslists, but really inline for most business type structures.
How do you figure that? If you sell something for $1000 you will lose about $130 in fees between ebay and paypal. So basically if I'm selling something at it's market value, that is a lot to lose on it. The big problem I see with this model is that the fees get higher for higher priced items. So even though I'm selling off something at or below what I paid for it, I'm taking a bigger loss ($ wise) selling more expensive items. This is despite the fact that neither ebay nor paypal did anything more for me than if I sold a $30 item at or below I paid for it. Don't forget they also include shipping for determining the fees. That is yet an additional loss....
(This post was
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by packetloss on Mar 17, 12 10:00)
LuvMyCrappyBike
Mar 17, 12 17:41
Post #87 of 138
(2166 views)
Re: Legal advice: Re: Paypal [btmoney]
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You've found very, very generous sellers, then. I've never, ever accepted a request to complete a transaction outside of ebay, for the exact reasons stated in OP's post.
Were someone to ask me, I'd report them to eBay, and I can't imagine I'm the only one :)
http://aclockworkmango.com
High-5's
Mar 17, 12 18:41
Post #88 of 138
(2114 views)
Re: Legal advice: Re: Paypal [LuvMyCrappyBike]
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Okay the seller screwed ebay, and he screwed the importing country by declaring a low value on the item to avoid the buyer paying taxes. But he didn't screw Paypal, he paid 4% of the total amount to Paypal for their services, so he payed them roughly $150. Paypal also doesn't always confirm addresses outside of the USA always, this I know as they sometimes don't do them in Canada where I live.
Paypal has some responsibility in the fact that somehow the buyer hacked an account or added a stolen card to his account. If he did add the credit card number to his account shouldn't they charge his account the $3800 instead of the seller? Or the buyer accessed another persons account which still isn't the sellers fault and he would have no knowledge of either, but the rightful account holder would get numerous emails saying he sent a payment. My guess is the buyer added a stolen card to his account, Paypal sure as shit has all his info and that's where the chargeback should land. In the instance that it was someone else's account I call bullshit that rightful account holder didn't see it until a month later that he sent a payment for $3800, or he is somehow connected to this buyer and they worked out this whole scam.
bigrunner
Mar 18, 12 2:42
Post #89 of 138
(2034 views)
Re: Legal advice: Re: Paypal [Alfalfameister]
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Alfalfameister wrote:
triathlonshots wrote:
I sell a lot of triathlon gear world wide and have had no issue with the 3 or more sales i recall to Phillipines.
G.
Hey, I'm one of those sales. Too bad that, soon after, I joined a tri-team so I don't order trisuits from you anymore (our team issues us one), but as soon as my teammates kick me out for drinking and partying too much.... :)
(on a completely off topic note, and just addressed to triathlonshots: I now have a D700 since the D800 came out and someone unloaded their D700. Also decided to start shooting film again, so got an F5, and a Mamiya RZ67 Pro II med format)
Anyway, back to topic... I am from the Philippines, and it's sad there are bad eggs here, but just as there are also in other parts of the world. In fact, that's downright embarrassing.
However, as pointed out, I am afraid that there were too many red flags with this transaction. Non-verified address does not bother me too much, but the fact that there was an offer to take it outside ebay was the big no-no. Also, just seven feedback (under a dozen is always a red flag for me)...
I don't know what we can do to help. Perhaps post the shipping address you sent it to? As well as post pics of the bike/frame? We can post it in our local forums and see if it comes up for sale any time soon?
If it was via post, that guy will not get it at his shipping address; he will get a parcel notification notice, then he has to pick it up at the post office. For big ticket items, he might actually have to pick it up at the main post office, and pay taxes there.
I'm not sure anyone can help you now with the money you lost, but your goal now is an attempt at recovery of the item you sold. I wish you luck!
Hey I'm one of those teammates! What's up alf?
Back to the topic at hand. Nothing wrong with dealing with Filipinos but being asked to ship to the Philippines from the US or to any 3rd world country raises a red flag for me.
Word of advice, most Filipinos will ask you to ship to a courier service with a US address or to someone they know in the US. Postal system here is a joke and most people wouldn't risk having to deal with local customs as this is an even bigger joke! I've been asked to pay as much as 30% on items shipped to me.
Like Alfalfameister said. Let us know the bike model and give us a description and we'll try to keep an eye out on local forums and even local races.
Hope you're able to sort things out.
Alfalfameister
Mar 18, 12 4:27
Post #90 of 138
(2008 views)
Re: Legal advice: Re: Paypal [bigrunner]
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bigrunner wrote:
Let us know the bike model and give us a description and we'll try to keep an eye out on local forums and even local races.
Hope you're able to sort things out.
I thought it was a bike or a frame; apparently, it was a watch. Much harder to trace. But I hope the OP is able to resolve this somehow.
jkenny5150
Mar 18, 12 10:57
Post #91 of 138
(1929 views)
Re: Legal advice: Re: Paypal [Livetotri]
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Sorry to hear about this as others have said. You did get the box I shipped to you, right?!?
I'm going to play the opposite card as most here. Did you ever find out if the guy with the stolen credit card actually received your shipment? If he did, he can simply send it back and you can refund him. Now, assuming the scammer somehow stole the item from the same mailing address as the stolen credit card... How would this even work? A guy steals a card and then buys stuff and has it mailed to that address... Wouldn't the guy with the stolen card intercept the package?
Anyway, if the transaction was done through paypal and the funds cleared to the point where you were able to put them in your own account, I'd say the money is yours. Paypal holds all of my payments for 21 days in case anyone disputes them. I suppose if someone does dispute them, there is probably an endless process to bang your head against a wall and not get your money back.
Re: collection agencies - they are a joke. Don't ever pay them. Screen your calls and if you don't recognize the caller, you say he's no longer reachable on this number. They will ding your credit score, but so what... it's not worth $3800, is it?
_______________________________________________________
John Kenny, Pro Triathlete, USAT Certified Coach
http://www.johnkennytri.com
ToughKids Philly
and
French Creek Triathlon
5/11 & 5/12
chriskal
Mar 18, 12 20:31
Post #92 of 138
(1846 views)
Re: Legal advice: Re: Paypal [LuvMyCrappyBike]
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I'll add that if you do this carefully read the FDCPA. Collection agencies frequently do things they aren't suppose to do, and if you're in a position where you're likely to be a target, you need to know where the line is.
For one, don't block the harassing phone calls. The first time they call, note name of the collector and the company. Tell them not to call you again and follow that up with letter via certified mail stating the same thing. Once they receive the letter they are prohibited from bothering you anymore. Note, they don't have to stop trying to collect the debt, but they can't harass you on the phone to pay it.
If they do call you again, document the call. The FDCPA is strict liability and, regardless of actual damages, you'll be in line for $1000 in statutory damages plus attorney fees. Because, unlike in most actions, attorney fees are recoverable, you won't have any trouble finding an attorney to help you.
And consider it a lesson.
Never, ever, for any reason whatsoever, complete a transaction outside of eBay.
If someone asks you to do so? They're planning on scamming you.[/quote]
(This post was
edited
by chriskal on Mar 18, 12 20:37)
Livetotri
Mar 18, 12 20:35
Post #93 of 138
(1842 views)
Re: Legal advice: Re: Paypal [jkenny5150]
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It didn't go to the guy with the stolen credit card. It went to the guy who stole his card. And he confirmed that he received it, he even asked me for another one, told me he was ready to pay.
Lucky I didn't have any more...
And if they ding my credit let's say 100 points...then like someone else said, that could cost me more than 3800 in bad interest rates if i need a loan 5 years down the road. :(
And yes I got your stuff, used the swimp3 5x already, everyone at the pool teases me that I play with them more than I swim...but I can't figure out if they're supposed to be on my cheek or on my bone and I get anal about this stuff :)
Various junk for sale
Eli Curt Fuld
jkenny5150
Mar 19, 12 8:42
Post #94 of 138
(1728 views)
Re: Legal advice: Re: Paypal [Livetotri]
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The way I see it, you're better off financially if you're not relying on your credit score to get you a better loan. I know it's a dinosaur concept, but in the old days, people used to buy things with cash.
I like to use the speakers just behind the ears. You don't get quite the volume, but the sound quality is perfect that way.
_______________________________________________________
John Kenny, Pro Triathlete, USAT Certified Coach
http://www.johnkennytri.com
ToughKids Philly
and
French Creek Triathlon
5/11 & 5/12
CJS25
Mar 19, 12 8:50
Post #95 of 138
(1712 views)
Re: Legal advice: Re: Paypal [Livetotri]
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Well...here is a suggestion...
Have you seen the movie 'Taken'? Get a plane ticket...rent a gun, buy a bullet...you have the address...bing bang boom.
Maybe this should be in Pink...but my phone only has a simple browser and i can't :(
------------------------------------------------------------------------------------
< Quitting Isn't An Option >
Livetotri
Mar 19, 12 8:52
Post #96 of 138
(1708 views)
Re: Legal advice: Re: Paypal [CJS25]
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The address, after some investigation, turns out to be a Filipino seminary.
Various junk for sale
Eli Curt Fuld
SoberBySaturday
Mar 19, 12 9:12
Post #97 of 138
(1673 views)
Re: Legal advice: Re: Paypal [Livetotri]
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Honestly speaking you should just steal a credit card, take the money load it on to a Pre-Paid Card with fake details, then pay off your debt by buying something from yourself for the exact same amount.
It's is very hard to prosecute in this country as most CC Fraud cases involve complicated jurisdictional boundaries. As well they have to be able to prove that you committed the crime so don't go using your own personal computer. Find a Kinkos or Public Library computer as this is even harder to track. Then on top of it most cases have to be taken on USSS and they have their hands full with other obligations. Now if you go and take an international CC (ie from the UK) assuming you are in the US it gets even murkier.
Or you could suck it up and pay. PayPal will work with you to recoup their losses.
mcedo
Mar 19, 12 12:40
Post #98 of 138
(1594 views)
Re: Legal advice: Re: Paypal [Livetotri]
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Sorry to hear your misfortunes. This won't get you out of your hole but it might provide some satisfaction by actually reporting it to someone.
http://www.ncfta.net/report-cyber-crime
Very interesting website if you have the time...
Frenchman
Mar 20, 12 18:30
Post #99 of 138
(1458 views)
Re: Legal advice: Re: Paypal [Livetotri]
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Livetotri wrote:
And if they ding my credit let's say 100 points...then like someone else said, that could cost me more than 3800 in bad interest rates if i need a loan 5 years down the road. :(
Yeah, don't go the credit route. I kept forgetting to pay a $12 (!) balance on a store card for 90 days and my ex-wife skipped one mortgage payment on her house loan (which still had my name on it---the court did not make her refinance). That cost me a half percent interest rate on my mortgage. A half percent over 30 years for a few hundred thousand dollars: no good. Credit scoring rules America. Don't mess with whatever score you have/can have.
(This post was
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mopdahl
Mar 20, 12 20:30
Post #100 of 138
(1388 views)
Re: Legal advice: Re: Paypal [chriskal]
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I'm going to try to not be a dick about this, but your post is wrong on about 10 different levels.
I'll add that if you do this carefully read the FDCPA. Collection agencies frequently do things they aren't suppose to do, and if you're in a position where you're likely to be a target, you need to know where the line is.
Completely accurate. Unfortunately this is where the validity of your post ends.
For one, don't block the harassing phone calls. The first time they call, note name of the collector and the company. Tell them not to call you again and follow that up with letter via certified mail stating the same thing. Once they receive the letter they are prohibited from bothering you anymore. Note, they don't have to stop trying to collect the debt, but they can't harass you on the phone to pay it.
No. They. Are. Not. 99% of collection agencies aren't collecting on outside debts. IF they were, then your post would have a bit of validity. They are collecting on debts that they have purchased, at a massive discount, but the debt is valid & they have every right to pursue you via every means allowable under FDCPA. Yes, you can dispute the debt.....that will buy you 1-2 weeks but then they'll just have more info on you. Telling them not to call you? Good luck with that. Unless the debt is part of the 1% service related, they can call you 5-6x a day, at every number they have on you, plus contact references, conduct skip traces, call you at work, etc.
If they do call you again, document the call. The FDCPA is strict liability and, regardless of actual damages, you'll be in line for $1000 in statutory damages plus attorney fees. Because, unlike in most actions, attorney fees are recoverable, you won't have any trouble finding an attorney to help you.
Seriously, where do you get your information? Because I would love to have you point out an actual attorney who is going to pursue a FDCPA case on an individual basis. There have been some recent cases where the "collection company" was little more than a scam, "pursuing" non-verifiable debts on a large-scale basis using auto-dialers, but even those cases took a combo of AG investigation combined with class-action lawsuits to get $$ back to the various plantiffs. But 99% of what you just posted is pipe-dream BS that isn't in any way applicable in the real world.
____________
“There are two novels that can change a bookish fourteen-year old’s life: The Lord of the Rings and Atlas Shrugged. One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world. The other, of course, involves orcs.” John Rogers
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