Ebay and Bidpay problem

What is the name of your state? NJ

Hi,

I'm looking for advice as to what to do with my ebay and bidpay exprience. Here is my story. I'll try to make it short.

I bought a game on ebay for ~$39 at the end of January 2005. I paid using bidpay (subsidiary of Western Union) using my visa check card. I never received the item and the seller has never responded to my emails. In the middle of Feb. I contacted ebay and filed the non-received item claim. Ebay washed their hands saying the payment was done outside their system. Nonetheless there must have been more problems with the seller as he got suspended from ebay a couple days later. My next step was to go to talk my bank which immediatly credited my account for the whole amount. The also sent me a form to fill out which I did in the beginning of March. I thought the case was closed, but in the middle of April bidpay collection dept. sent me an email saying that they have received a chargeback from my bank and now I owe them the $39 and if I don't pay within 15 days they will forward this to a collection agency. I replied in an email explaining the case in more detail. After no reply, few weeks past by and yesterday I got a letter from CACi collection agency asking for payment or explanation.
What should I do?
Just pay and get over the loss of $39 or keep fighting. I don't believe I am liable for the $39 even though bidpay's agreement said that they are not liable for fraudulent transactions, but what are my chances of getting them off my back? Is there a way to do it?

Thanks for any advice,
Mario

Ever here the phrase "Don't blame me, I'm just the messenger"? Bidpay is just a go between for you and the seller. The seller probably closed his Bidpay account as soon as you paid and when you did the chargeback, Bidpay is now out the money. Your beef is with the seller, not Bidpay. They can and will get their money from you, the longer you wait, the more it will cost. Your only legal option is to track down the seller and sue him in his home state.

I know my beef is with the seller. I just can't get any details about him and I blame bidpay (and ebay) for that. They will not give me his details and so I think they indirectly support the crime.

I spoke to a person from visa international and she gave me a different opinion. She was saying that bidpay doesn't have a leg to stand on and I as a consumer am not liable for payment for goods and services not delivered. She was saying that bidpay would have to prove that I received the item (which I didn't).

What did you mean that I would have to pay more later?

Thanks for your help.

mgedzior said:

I spoke to a person from visa international and she gave me a different opinion. She was saying that bidpay doesn't have a leg to stand on and I as a consumer am not liable for payment for goods and services not delivered. She was saying that bidpay would have to prove that I received the item (which I didn't).

What did you mean that I would have to pay more later?

Thanks for your help.

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You didn't buy the item from Bidpay, the person you talked to from Visa is wrong. Bidpay had no obligation to make sure the sale went through, they were just acting a money transfer agent. Listening to a minimum wage flunky from Visa will cost you a bunch of money.