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  1. #1
    ebayseller123 is offline Junior Member
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    Can I sue this ebay buyer?

    What is the name of your state (only U.S. law)? ma

    So I bought a store gift card with my store credit card. I then sold the 500$ gift card on ebay for cash. The buyer paypaled me the money, I then took the money off and sent the card.

    He then got the card and made up some lie that it didn't have the right balance on it so he did a paypal charge back and he won. I have the proof the gift card was spent(because I tracked it through the credit card I bought it with since it was the stores company credit card they could check.)
    Now I am paying off the debt on the store credit card with interest and paypal has collection agencies chasing me. It is around $1000 I am losing not including the interest on the credit card.

    What can I do?
    Thanks!
  2. #2
    justalayman is offline Senior Member
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    the biggest question is: why would you buy a gift card and then sell it? It really sounds like you were working on your own scam and simply got scammed by somebody else first.


    sure, you can sue. just about anybody can but before you do, read the terms of eBay and PayPal to see if they say anything about arbitration.

    Then, if you can find the person, go to their state and file a small claims suit. Then, when it is scheduled, go back to attend.

    In the interim, gather all of the evidence you have to support your case.
  3. #3
    swalsh411 is offline Senior Member
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    You bought a Store X gift card with a Store X credit card and then sold that gift card on ebay? What you can do is consider this an expensive lesson learned in what not to do in the future.
  4. #4
    ebayseller123 is offline Junior Member
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    im in college and needed cash to pay my real credit card that was 200 dollars over the limit. Just because I bought a gift card with a credit card means I was trying to scam someone? Makes no sense.
  5. #5
    ebayseller123 is offline Junior Member
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    Quote Originally Posted by swalsh411 View Post
    You bought a Store X gift card with a Store X credit card and then sold that gift card on ebay? What you can do is consider this an expensive lesson learned in what not to do in the future.
    What is the lesson? To not sell something on ebay because I'm going to get ripped off?
  6. #6
    ebayseller123 is offline Junior Member
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    Quote Originally Posted by justalayman View Post
    the biggest question is: why would you buy a gift card and then sell it? It really sounds like you were working on your own scam and simply got scammed by somebody else first.


    sure, you can sue. just about anybody can but before you do, read the terms of eBay and PayPal to see if they say anything about arbitration.

    Then, if you can find the person, go to their state and file a small claims suit. Then, when it is scheduled, go back to attend.

    In the interim, gather all of the evidence you have to support your case.
    Thanks for the advice, the state he lives in is about half way across the country. Is there anything I can due to help with that? Sue for the money and travel expenses?
  7. #7
    swalsh411 is offline Senior Member
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    Quote Originally Posted by ebayseller123 View Post
    What is the lesson? To not sell something on ebay because I'm going to get ripped off?
    The lesson is to not buy something on credit to pay for something else purchased on credit because it will always end up costing you more in the end. Ever heard the expression "robbing Peter to pay Paul"?. The other lesson is to not sell gift cards on ebay.

    You can attempt to plead your case with ebay or sue the buyer in their home state but I wouldn't count on success either way. You could also report the matter to the police where the buyer lives and see what they say.
  8. #8
    ebayseller123 is offline Junior Member
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    Quote Originally Posted by swalsh411 View Post
    The lesson is to not buy something on credit to pay for something else purchased on credit because it will always end up costing you more in the end. Ever heard the expression "robbing Peter to pay Paul"?. The other lesson is to not sell gift cards on ebay.

    You can attempt to plead your case with ebay or sue the buyer in their home state but I wouldn't count on success either way. You could also report the matter to the police where the buyer lives and see what they say.
    Thanks for the info in the second paragraph. But I had a 30 dollar late fee and a 30 dollar overlimit fee every month I didn't pay it. So my plan was to pay that off and the store credit card I have right now doesn't have interest yet, so I was saving 60 dollars a month doing it this way, but now I got ripped off and this happend.
  9. #9
    Antigone* is offline Senior Member
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    Quote Originally Posted by ebayseller123 View Post
    Thanks for the info in the second paragraph. But I had a 30 dollar late fee and a 30 dollar overlimit fee every month I didn't pay it. So my plan was to pay that off and the store credit card I have right now doesn't have interest yet, so I was saving 60 dollars a month doing it this way, but now I got ripped off and this happend.
    You used credit in such a way that it was not intended to be used. You took a chance and got burned ~ it didn't save you a dime. It cost you. Your chances of recovery are just about as good as me getting the FA crystal ball back from Zigner.
  10. #10
    Kiawah is offline Senior Member
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    Hit up the parents next time

    But I had a 30 dollar late fee and a 30 dollar overlimit fee every month I didn't pay it. So my plan was to pay that off and the store credit card I have right now doesn't have interest yet, so I was saving 60 dollars a month doing it this way, but now I got ripped off and this happend.

    That's what dad's are for, isn't it?
  11. #11
    Astrolink is offline Member
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    Quote Originally Posted by ebayseller123 View Post
    What is the name of your state (only U.S. law)? ma

    So I bought a store gift card with my store credit card. I then sold the 500$ gift card on ebay for cash. The buyer paypaled me the money, I then took the money off and sent the card.

    He then got the card and made up some lie that it didn't have the right balance on it so he did a paypal charge back and he won. I have the proof the gift card was spent(because I tracked it through the credit card I bought it with since it was the stores company credit card they could check.)
    Now I am paying off the debt on the store credit card with interest and paypal has collection agencies chasing me. It is around $1000 I am losing not including the interest on the credit card.

    What can I do?
    Thanks!
    What was Paypal's reasoning for you losing your case? They require all items with a value of $250 or more to be sent with signature delivery confirmation. Did you follow this rule? Did you provide full evidence the card had been spent after you sold it to them though documents that show when and where the card was spent? You should have won at Paypal. Sounds to me like you didn't follow policy or provide what they needed for you to win. It that's the case, you have only yourself to blame.
  12. #12
    ariastar is offline Member
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    If you're having to buy a gift card with a store credit card to make the payment on a standard credit card, you need to see a financial counselor.

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