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Need advice regarding potential Paypal dispute

post #1 of 15
Thread Starter 

Last month, I purchased a month-old iphone 4 from a user on a different site via Paypal. The seller claimed the iphone 4 was in immaculate condition, with not damage or dead pixels or any sort. The device took over a month to receive, the seller claimed it was almost stolen twice, with the exact same story each (someone tried to open the package and ripped off destination name and address) I finally received the device after threatening to file a PP dispute. The device came very poorly packaged, with it being simply an iphone box covered in a large paper envelope with no added padding whatsoever. The device was actually OUTSIDE THE BOX, the mailman even asked me to open it in front of him since he was worried. The screen protector on the phone was nearly ripped, there was a cluster of dead pixels on the bottom right, and accessories he claimed in the ad weren't there. I notified the seller, stating that I'd give it a few more days to see if the phone worked properly after I received my microsim. I did, asked for a refund, and he's claiming any defects/damage was somehow my fault, and that he was in no error in regards shipping. My biggest issue being the dead pixels, which was probably already there, he just didn't notice or lied about it. He did insure the device, but not for full value (could that be considered fraud in this context?). I payed 2/3rd using my Bank of America debit card and 1/3rd cash via Paypal. What are my options here? Do I even have a case?


Edited by Kirosia - 12/9/10 at 1:19pm
post #2 of 15
Quote:
Originally Posted by Kirosia View Post

Last month, I purchased a month-old iphone 4 from a user on a different site via Paypal. The seller claimed the iphone 4 was in immaculate condition, with not damage or dead pixels or any sort. The device took over a month to receive, the seller claimed it was almost stolen twice, with the exact same story each (someone tried to open the package and ripped off destination name and address) I finally received the device after threatening to file a PP dispute. The device came very poorly packaged, with it being simply an iphone box covered in a large paper envelope with no added padding whatsoever. The device was actually OUTSIDE THE BOX, the mailman even asked me to open it in front of him since he was worried. The screen protector on the phone was nearly ripped, there was a cluster of dead pixels on the bottom right, and accessories he claimed in the ad weren't there. I notified the seller, stating that I'd give it a few more days to see if the phone worked properly after I received my microsim. I did, asked for a refund, and he's claiming any defects/damage was somehow my fault, and that he was in no error in regards shipping. My biggest issue being the dead pixels, which was probably already there, he just didn't notice or lied about it. He did insure the device, but not for full value (could that be considered fraud in this context?). I payed 2/3rd using my Bank of America debit card and 1/3rd cash via Paypal. What are my options here? Do I even have a case?


Contact an attorney immediately.

post #3 of 15

Delete


Edited by labrat - 9/15/11 at 3:16pm
post #4 of 15
Just file the PayPal dispute and work through their process.
post #5 of 15
Thread Starter 

I don't have an attorney, and it would probably outweigh the cost. The mailman is local and can probably get his name from the PO, but no he did not see me turn on the device or even the screen.Would the post office even accept a claim for minor damage? 

 

EDIT:

 

 

 

Quote:
Just file the PayPal dispute and work through their process.

I've decided to start the process, the seller is aware. I don't have a great case, unless the paypal guys are tech geeks familiar with dead pixels and such. Guess at worse I end up with not-so-perfect iphone 4. 


Edited by Kirosia - 12/9/10 at 3:12pm
post #6 of 15
Quote:
Originally Posted by Uncle Erik View Post

Just file the PayPal dispute and work through their process.


+1

Start the PayPal dispute immediately. If you miss the deadline for filing a dispute, you are stuck. One tactic that crooked sellers use is to delay shipping so that you have little time to file a dispute, after (finally) receiving the item.

 

Get all your documentation (emails to/from the seller both pre-sale and post-sale, records of any phone calls, pictures of the packaging, mailman info, etc) organized right away, so that you can send it to PayPal, bank, and seller when the time comes.

Good luck!

John

post #7 of 15
Thread Starter 

I've gathered some screenshots of the seller's ad, including his contradictory statements during the process as well as pictures of the device. I'll see if I can get any form of evidence from the post office, even if just a written statement that the device was poorly packaged. I have a question, I used a visa debit card from Bank of America to pay for 2/3rds of the purchase, do I have any protection in that respect? 


Edited by Kirosia - 12/9/10 at 3:41pm
post #8 of 15
Thread Starter 

Update (sorry for the double post): Paypal closed the case right away, unable to rule in my favor:

Quote

Status

We're unable to decide this claim in your favor at this time. PayPal's Buyer Complaint Policy applies to the shipment of goods but not to disputes about merchandise quality.

What happens next

We encourage you to work directly with your seller to resolve this matter.

 

So... I assume I'm screwed. 

post #9 of 15

I'm not sure how debit cards work in cases like this but you could try calling your bank to see if they can do anything.

post #10 of 15

Don't they have a 'goods not as described' box that you can tick?
 

Quote:
Originally Posted by Kirosia View Post

Update (sorry for the double post): Paypal closed the case right away, unable to rule in my favor:

Quote

Status

We're unable to decide this claim in your favor at this time. PayPal's Buyer Complaint Policy applies to the shipment of goods but not to disputes about merchandise quality.

What happens next

We encourage you to work directly with your seller to resolve this matter.

 

So... I assume I'm screwed. 

post #11 of 15
Thread Starter 

^ Yep, but PP still couldn't decide the claim... even though they never asked for further proof, and just shut the case. It's stupid. And I've read that debit cards have little to no protection, especially from third-party sellers. 

 

Oh well, I figure I can just sell the iphone at a loss. The dead pixels (it's about the equivalent of one dead pixel on a standard res screen) really isn't that big a deal, I'm just mad that I didn't get what I asked for, and the seller's arrogance. 

 

EDIT: I just filed a claim with my bank. Odds are low, but I don't want Paypal getting away with this. 


Edited by Kirosia - 12/10/10 at 7:21am
post #12 of 15
Quote:
Originally Posted by Kirosia View Post

^ Yep, but PP still couldn't decide the claim... even though they never asked for further proof, and just shut the case. It's stupid. And I've read that debit cards have little to no protection, especially from third-party sellers. 

 

Oh well, I figure I can just sell the iphone at a loss. The dead pixels (it's about the equivalent of one dead pixel on a standard res screen) really isn't that big a deal, I'm just mad that I didn't get what I asked for, and the seller's arrogance. 

 

EDIT: I just filed a claim with my bank. Odds are low, but I don't want Paypal getting away with this. 


Sigh , had a feeling this was going to happen. Paypal is so unhelpful, don't even bother.

post #13 of 15

Well, they did explaine their point, where if you claimed that you didnt received the goods then they would offer full protection. They offer the protection of quality of goods only if you buy through Ebay, i believe, so, the only way for you is try to communicate with your CC and ask for an full refund, send them all information you have and hoping they will solve this in your favor.

 

Good luck.


Edited by Blackmore - 12/10/10 at 2:32pm
post #14 of 15

^^^ Wow.  I didn't know that!  I guess the loophole could be that you could claim there was a dummy/fake product in there which was not the item you bought.  That may work.  But once you've filed a claim, I think you're done.

post #15 of 15

Once Paypal closes a claim you can't make another one for the same transaction, it says in not so many words that the case is closed because it was settled.  

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