I am the seller: Ebay case found in my favor! Buyer does chargeback

[mramerican1]

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

Florida - Hillsborough county

Essensially I post a laptop for sale on ebay (A macbook) And it sells for $69 with free shipping, I state in the ad TWICE that there is no power adapter or battery included


The buyer opens a claim with ebay because there is no battery or power adapter, and the case is quickly found in my favor

I have already told him there will be no refund or exchange for this unit.

The ebay ad only offers a 72Hour no DOA after receipt guarantee, after the 72hours has passed there is no warrranty or help provided for the computer


The buyer has now opened a chargeback with his credit card company

The twist is the buyer lives in my same county.

I will be taking him to small claims court, is this case as big of a slam dunk as I think it is? At this point even if he has smashed the notebook and brings it to court would I still win seeing as how he did not report any other issues with the laptop (other than the missing battery and power adapter)

Also is there any way I can get a criminal suit filed against this bozo? Thanks.

 

[adjusterjack]

I don't think you'll have any trouble winning.

Criminal charges aren't going to happen so forget that.

 

[Zigner]

Small claims - over $69? You aren't employed, are you?

 

[mramerican1]

Small claims - over $69? You aren't employed, are you?

Thanks for the useless post but losing a chargeback is disasterous for a paypal account, having the backing of a legal decision on the case could mean a ton

the dollar amount is not important

 

[Zigner]

Thanks for the useless post but losing a chargeback is disasterous for a paypal account, having the backing of a legal decision on the case could mean a ton

the dollar amount is not important

The Paypal chargeback is done, winning a case in small claims won't change that.

 

[not2cleverRed]

Shouldn't you be fighting the chargeback directly rather than through small claims?

 

[mrsjohnson]

Shouldn't you be fighting the chargeback directly rather than through small claims?

^^^ This.

I'm not attorney but I have a Paypal account and have been through the same thing and won my chargeback which resulted in the lying, no good customer and his wife leaving us bad reviews. I posted about the experience in another thread here but you need to battle the chargeback and provide all the documentation to Paypal. If you mention "friendly fraud" or fraud, they are liable to take you more seriously and investigate thoroughly.

Good luck!!!

 

[quincy]

^^^ This.

I'm not attorney but I have a Paypal account ... If you mention "friendly fraud" or fraud, they are liable to take you more seriously and investigate thoroughly ...

It is clear that you are not an attorney, mrsjohnson. Tossing around terms like "fraud" is a very bad idea. Accusing someone of a crime without proof of its truth is never advised.

 

[not2cleverRed]

It is clear that you are not an attorney, mrsjohnson. Tossing around terms like "fraud" is a very bad idea. Accusing someone of a crime without proof of its truth is never advised.

While I realize that this is a legal site and "fraud" has a very distinct legal meaning, we have to accept that in suggesting a non-court based solution, going to Paypal directly, that using jargon recognized in that business is appropriate.

"Friendly fraud" (aka "chargeback fraud") is a term colloquially used to describe exactly this case: someone purchases an item online, receives it, and requests a refund from their credit card/ pay pal.

OP sent the item.

Buyer received it. Buyer was not satisfied because the purchased did not include items that explicitly stated as not included. Buyer has the item AND wants money back through a chargeback.

However, the seller's "no return" policy. The buyer might be willing to return it in exchange for a refund, but the seller isn't interested in that.

 

[quincy]

While I realize this is a legal site and "fraud" has a very distinct legal meaning, we have to accept that in suggesting a non-court based solution, going to Paypal directly, that using jargon recognized in that business is appropriate.

"Friendly fraud" (aka "chargeback fraud") is a term colloquially used to describe exactly this case: someone purchases an item online, receives it, and requests a refund from their credit card/ pay pal.

OP sent the item.

Buyer received it. Buyer was not satisfied because the purchased did not include items that explicitly stated as not included. Buyer has the item AND wants money back through a chargeback.

However, the seller's "no return" policy. The buyer might be willing to return it in exchange for a refund, but the seller isn't interested in that.

The first part of your first sentence is important.

That said, the post by mrsjohnson was reported for content-editing for reasons other than that particular portion of the advice she offered.