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Lost pay pal claim arbitration because did not respond in time

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thekage

Junior Member
What is the name of your state?

Hello. I recently sold a rather expensive item on Ebay. The buyer won, they paid me via pay pal, I shipped the item and then had to leave the country for week. I returned to the states and did not log into my pay pal account for some days because I had no need to, it's not an account I need to check very often. Sometime later I did log into my account and saw they it has been frozen by pay pal. I saw a "not as described" claim had been filed by the buyer. I clicked a button where it said I could respond to the claim. I wrote a letter stating my side of the story, and when I hit submit it said my session had timed out. Everything I had written was lost. I got so miffed that I left it for another two days or so. After two days I called pay pal asking them what my options were. A rep told me the case had already been decided in the buyers favor, all because I had not responded in time.
I told the rep on the phone that I had no idea there had been a time limit to my response. He said I could appeal and gave me an email address to send an appeal to. I did so and got back a response that pay pal had sent me 3 emails. Let me state that I never receieved any email from pay pal. I said this in my response to the pay pal email. They sent me another email saying again, that they had sent me 3 emails, and that they would not accept my appeal. They gave me the email address they had sent the emails to and I saw it was an email I have not used in many months due to spam. I had totally removed the email address from my email software, so that I was not getting any emails to that address. I went to my pay pal account to try to change the email that is used as the primary, and it would not let me change it.
In any case, now pay pal has accepted the claim and issued a refund to the buyer and closed the dispute case. However there was no money in my pay pal account, so they were only able to refund a very small portion of the total, actually leaving me with a negative pay pal balance. Now the buyer is demanding I refund them the total, and I'm sure will try to take some sort of legal action. I don't want to refund the money and get the item back for several reasons:A) I will lose money on the deal because of the fees and shipping fees associated with the sale. B) If not packed right the item could be damaged in transit and then I've lost the money and the value of the item. C) And finally because there is nothing wrong with the item at all, and it is as described.

My questions are these:

Can the buyer demand by law that I give a refund? If so how strong is their case? What kind of legal action would they be able to take? How strong is my case? Thanks.
 


seniorjudge

Senior Member
thekage said:
What is the name of your state?

Hello. I recently sold a rather expensive item on Ebay. The buyer won, they paid me via pay pal, I shipped the item and then had to leave the country for week. I returned to the states and did not log into my pay pal account for some days because I had no need to, it's not an account I need to check very often. Sometime later I did log into my account and saw they it has been frozen by pay pal. I saw a "not as described" claim had been filed by the buyer. I clicked a button where it said I could respond to the claim. I wrote a letter stating my side of the story, and when I hit submit it said my session had timed out. Everything I had written was lost. I got so miffed that I left it for another two days or so. After two days I called pay pal asking them what my options were. A rep told me the case had already been decided in the buyers favor, all because I had not responded in time.
I told the rep on the phone that I had no idea there had been a time limit to my response. He said I could appeal and gave me an email address to send an appeal to. I did so and got back a response that pay pal had sent me 3 emails. Let me state that I never receieved any email from pay pal. I said this in my response to the pay pal email. They sent me another email saying again, that they had sent me 3 emails, and that they would not accept my appeal. They gave me the email address they had sent the emails to and I saw it was an email I have not used in many months due to spam. I had totally removed the email address from my email software, so that I was not getting any emails to that address. I went to my pay pal account to try to change the email that is used as the primary, and it would not let me change it.
In any case, now pay pal has accepted the claim and issued a refund to the buyer and closed the dispute case. However there was no money in my pay pal account, so they were only able to refund a very small portion of the total, actually leaving me with a negative pay pal balance. Now the buyer is demanding I refund them the total, and I'm sure will try to take some sort of legal action. I don't want to refund the money and get the item back for several reasons:A) I will lose money on the deal because of the fees and shipping fees associated with the sale. B) If not packed right the item could be damaged in transit and then I've lost the money and the value of the item. C) And finally because there is nothing wrong with the item at all, and it is as described.

My questions are these:

Can the buyer demand by law that I give a refund? If so how strong is their case? What kind of legal action would they be able to take? How strong is my case? Thanks.


You have no case.
 

acmb05

Senior Member
thekage said:
Could you expand on this? Why do I have no case? Thanks.
You have no case because PayPal sent the required notices to you and you did not respond in the right amount of time so the dispute was settled. It is not PayPal' fault you did not update your account when you closed the email account.

Lesson learned don't do it again. Have the buyer send it back with insurance attached in case it is broken you can at least collect on that.
 

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