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paypal agreed to fight chargeback, but didn't. out $1,500...what to do?

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whatisthis

Junior Member
What is the name of your state (only U.S. law)? Texas

Sold a jacket for $1,500 size 44. Buyer opened an eBay dispute saying they received the size 44 jacket but it fits smaller and is really "like" a size 42. Ebay decided in my favor stating the seller is only responsible for stating the tag size (which is 44), it is the buyer's responsibility to do their research before purchase and find out what size they are in a certain brand.

Buyer than opened a chargeback/billing dispute with their credit card. I have written confirmation in October from PayPal that they would fight the chargeback on my behalf and I should send any documentations to support my side. On Oct 2, I sold another item for $2,000, and literally seconds after I get an email from PayPal that they would no longer fight the $1,500 chargeback because I didn't submit any documentations (but I did). I called PayPal and the agent said he didn't know why they said they wouldn't fight the chargeback, he saw I submitted information, and he said don't worry, they'll reopen the chargeback. Two days later (Oct 4) I get a written email saying they would fight the chargeback again. Than a month later I get an email saying paypal fought the chargeback but the card issuer decided on the card holders favor.

(1) On Oct 2 they said they wouldn't fight the chargeback after i got a $2,000 payment. I guess they figured there is no reason to waste their time+money fighting the chargeback when the money was sitting in my account, so they took $1500 from that $2000 payment to cover the chargeback and left me with $500. This isn't the first time they did on a chargeback, back in 2009 there was a $700 item that had a chargeback on it, later sold a $900 item, then paypal decided not to fight the chargeback. Called them and was literally a 20 seconds phone call "you are right, you lost because we said we'd fight it, but didn't" and gave me the $700 back. I guess this was back when the stock was doing well

(2) Even though paypal is trying to tell me that they fought the chargeback and i lost because the card issuer decided that, that's not what happened. The buyer sent me the letter she got from her credit card and it says Paypal pleaded no contest to the chargeback, said they were not interested in disputing it, and paypal said they felt the charegeback was valid and the buyer should have his money back.


What can I do?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Texas

Sold a jacket for $1,500 size 44. Buyer opened an eBay dispute saying they received the size 44 jacket but it fits smaller and is really "like" a size 42. Ebay decided in my favor stating the seller is only responsible for stating the tag size (which is 44), it is the buyer's responsibility to do their research before purchase and find out what size they are in a certain brand.

Buyer than opened a chargeback/billing dispute with their credit card. I have written confirmation in October from PayPal that they would fight the chargeback on my behalf and I should send any documentations to support my side. On Oct 2, I sold another item for $2,000, and literally seconds after I get an email from PayPal that they would no longer fight the $1,500 chargeback because I didn't submit any documentations (but I did). I called PayPal and the agent said he didn't know why they said they wouldn't fight the chargeback, he saw I submitted information, and he said don't worry, they'll reopen the chargeback. Two days later (Oct 4) I get a written email saying they would fight the chargeback again. Than a month later I get an email saying paypal fought the chargeback but the card issuer decided on the card holders favor.

(1) On Oct 2 they said they wouldn't fight the chargeback after i got a $2,000 payment. I guess they figured there is no reason to waste their time+money fighting the chargeback when the money was sitting in my account, so they took $1500 from that $2000 payment to cover the chargeback and left me with $500. This isn't the first time they did on a chargeback, back in 2009 there was a $700 item that had a chargeback on it, later sold a $900 item, then paypal decided not to fight the chargeback. Called them and was literally a 20 seconds phone call "you are right, you lost because we said we'd fight it, but didn't" and gave me the $700 back. I guess this was back when the stock was doing well

(2) Even though paypal is trying to tell me that they fought the chargeback and i lost because the card issuer decided that, that's not what happened. The buyer sent me the letter she got from her credit card and it says Paypal pleaded no contest to the chargeback, said they were not interested in disputing it, and paypal said they felt the charegeback was valid and the buyer should have his money back.


What can I do?
Sue the buyer.
 

single317dad

Senior Member
It's a little late to catch this train, but why didn't you just let the buyer return the jacket and refund his money? Your losses would have been far lower (shipping costs, time, supplies) and you could have resold the jacket.
 

whatisthis

Junior Member
if i took a return I would of admitted fault in the process (1) lose out on ebay selling fees ($150) and (2) had a selling defect on my account (3) allowed the buyer to leave a negative feedback (when you win a case, the feedback is removed).

Paypal policy is set up to where it's hard to sue them. And I completely understand, if you buy something and there is a problem, it's the seller's fault, not paypal.

The problem with a chargeback is that paypal is the merchant and they don't allow me to fight it, they have to fight it on my behalf. And it is the credit card's decision what the outcome is going to be. If paypal fought the charge, and the credit card said I lost, than there isn't much I can do but to accept it. What I am getting at is, paypal told me they would fight it, and didn't, and that's why I am out of the $1,500.

Can I subpoena them into getting the credit card dispute? Because the credit card told the buyer paypal "agreed to the chargeback and didn't fight it". Than can I go back and sue them for not fighting it when they told me they would?
 

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