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  1. #1
    Join Date
    Sep 2008
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    4

    Default eBay Buyer Scam

    My question involves a consumer law issue in the State of: New York

    Hello! This site is usually very useful, especially now.

    I sold a computer ($1200) through ebay around August 08 to a buyer who lives in NY (I live in Texas), and the buyer paid through paypal. After receiving payment, I shipped via USPS with confirmation and tracking number.

    2 weeks later, buyer filed a chargeback through paypal, citing 'item received not as described!". And they got their money back! Without providing proof!

    So paypal closed the case and I have no recourse to get my money back. I thought of hiring a lawyer and suing, but I don't know the first thing about doing that. Can I start a criminal and civil case against the buyer? I don't know too much personal information, only their place of employment and name.

    Would it be better to sue in small claims court?

    Thanks!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,672

    Default Re: Ebay Buyer Scam

    Did they ship the item back to you after PayPal refunded them?
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  3. #3
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,157

    Default Re: Ebay Buyer Scam

    Ebay...it is a scam buyer's haven right now.

    Go here: http://forums.ebay.com/db2/forum.jspa?forumID=143 And read as much as you can.

    Here is a thread I am actively involved in, just because I hate seeing people take advantage of others: http://forums.ebay.com/db2/thread.js...43&x#520376978

    Yes, sue them in small claims court, and also contact your attorney general and make a complaint against paypal. If enough people complain, something *might* be done about it.

    I wish you the very best.
    ~Christina

    Unless a source is cited, anything posted here by me is only my opinion, and is not meant as legal advice.

  4. #4
    Join Date
    Sep 2008
    Posts
    4

    Default Re: Ebay Buyer Scam

    Quote Quoting mmmagique
    View Post
    Ebay...it is a scam buyer's haven right now.

    Go here: http://forums.ebay.com/db2/forum.jspa?forumID=143 And read as much as you can.

    Here is a thread I am actively involved in, just because I hate seeing people take advantage of others: http://forums.ebay.com/db2/thread.js...43&x#520376978

    Yes, sue them in small claims court, and also contact your attorney general and make a complaint against paypal. If enough people complain, something *might* be done about it.

    I wish you the very best.
    I really plan on joining any class action suits against paypal - it is like they are not liable with OTHER PEOPLE'S MONEY!

    How would I sue someone in small claims court if they are in another state? And if I don't know their actual identities? I don't want to break any laws either...

  5. #5
    Join Date
    Sep 2008
    Posts
    4

    Default Re: eBay Buyer Scam

    Has anyone successfully gotten local law enforcement involved, like the NYPD? Are there success stories involving small claims court, attorney generals, FBI, or law enforcement?

    I only hope someone has the power to help...

  6. #6
    Join Date
    Sep 2008
    Posts
    4

    Default Re: Ebay Buyer Scam

    Quote Quoting LawResearcherMissy
    View Post
    Did they ship the item back to you after PayPal refunded them?
    No, the buyer claimed that I sent something else in lieu of the computer and got their money back. So now the buyer has my computer for FREE.

    I don't know what to do and I don't have a lot of time and resources to fight this, although I am pissed enough to want to hire a lawyer.

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,672

    Default Re: Ebay Buyer Scam

    Quote Quoting dumdum101
    View Post
    No, the buyer claimed that I sent something else in lieu of the computer and got their money back. So now the buyer has my computer for FREE.

    I don't know what to do and I don't have a lot of time and resources to fight this, although I am pissed enough to want to hire a lawyer.
    That's...astounding.

    I had occasion to use the Buyer Protection program about 2 years ago, and the proof I had to submit that the item was not as described (chickie sent a broken iPod in a candy box!) was outrageous - pics of the item, of the packaging, copy of an estimate for repairs - and it took weeks.

    I'm stumped.

    I think you should do as mmmagique suggested and file a complaint with your state's AG and sue the scammer in small claims.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  8. #8
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,405

    Default Re: eBay Buyer Scam

    I am soooo done with buying anything on ebay. It always comes back to bite me in the a*s.

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