Ebay advice (help) my nerves are shot

[notescafe]

First, I would like to sincerely thank anyone who offers advice. My heart goes out to you. If you have any clue how distraut I am on this. I can't eat and can't sleep. I'm quite frankly helpless.

The issue:

I purchased a used computer on Ebay for the best offer price of $83.00 and paid in full for shipping the amount of $50.00. Thus, total sale price: $133.00.

Well the package arrived and the postal carrier wanted me to pay $35.00 on the spot to accept the package. I explained that can't be b/c I had paid in full for shipping. She furthermore explained that the seller used paypal to print a shipping label. Evidently it's tied in with some sort of Pitney Bowes label deal. At any rate, she advised he didn't specify the packages weight and deminsions correctly... thus frankly proffited off my shipping. Expecting me to pay the extra money to accept delivery.

Well I am not a law buff and quite frankly not too bright to even buy a used computer off Ebay. However, I don't have much money and I wanted something ...anything really that would allow me to write. Which...I figured if anything extra worked then bonus.

At any rate, back to the story. I refused the shipment on the spot. Thus, the postal carrier took the packages back. I notified the seller same day and let him know about the scenerio that took place. He wasn't very helpfull pratically called me a liar and said he would straighten things out. After dealing with what I had already... I wasn't willing to continue the transaction. It had been well over a few weeks. I was ready for a friggin computer... you know. Currently I use my computer at work for everything.

NOW HERE COMES THE PART I NEED HELP WITH

The tracking details show I refused the shipments. I even called and spoke to a district manager with the postal service. She was over the KY postal service in my area. Well she gave me a case # and did some investigating and found out the seller picked my package back up from the postal service and didn't have to pay a thing. Evidently she advised he showed himself at the post office and the manager let him take everything back w/ a FULL REFUND. He got MY money back. Well guess what. He's kept my money and never sent the computer back. I have nothing.

I purchased the computer using PAY-PAL. I called and filed a complaint with consumer affairs and have a case# with them as well. The district post office assures they will back me up and if I need any proof they will gladly help. Evidently he upset them really bad she explained.

I filed a claim with pay-pal. Obviously...nothing has yet to come of the claim. It has been in limbo ever since. I call pay-pal they forward my info to the resolutions dept. I email pay-pal with added info and they reply back with a quite frank message letting me know they have all they need if they require more they will contact me. It said in the mean time not to email them. I never have been rude nor ever used any rude language or annoyance with my emails. It has alway's been added info to help the case. Such as contact numbers to the postal service folks who are handling my case. Consumer affairs people and helpful things. These people are rooting for me b/c they get the bad end of the deal everytime a package goes awry. This isn't the postal services fault. They did their job.

The seller won't respond to any of my emails. On top of that...he's got EXCELLENT feedback. Which so do I ... his score is in the hundred and mines like 38. Thus he has the upper hand.

If Pay-Pal denies my claim. How do I even attempt to get my money back. Will I have to pay for a lawyer and travel to NC to sue him in small claims court? If so if the judge sides in my favor will he have to pay my legal fees?

ANYONE please ...please... please help me. I am worrying myself to death. He made me afraid to ever buy anything online again. I am also out $133.00 and that's a lot of money for someone my age.

Thanks to anyone who has the heart to give advice.

Sincerely,

Wes

P.S. I am in KY
Seller is in NC
if that helps

 

[surjones]

fsdfds

Did anyone give you an answer, I woudl like to know how it has come out

 

[NYClex]

How did you pay for paypal? If you hopefully paid for the paypal charge with your credit card, make a credit card chargeback. Paypal usually is not helpful at all in these kind of disputes, but the credit card companies are.

 

[notescafe]

I haven't a clue how to proceed

Thanks for the replies thus far.

I have not recieved legal advice as of yet. Still waiting on pay-pal to reply back to my latest inquiry which was why it is taking so long to decide.

As for paying thru pay-pal I used my visa debit card. Will I be able to dispute charges with my visa debit? If so forgive me for being so dumb but how? I honestly have never had money stolen from me like this before and which gives more reason to why im so friggin upset.

I am on the verge of a stroke. I checked my blood pressure today b/c my heads been feeling like it's going to explode for two day's now and it's 187/116. Thus, my nerves can't take much more of this waiting and being treated so unfairly by pay-pal. As you can read it's taking it's toll on my health.

I appreciate the advice thus far. I will see about contacting my local bank and check if they have any abilities to dispute the charge in my behalf. On the same hand should I contact his local law enforcement to see if I have any case?

I would hate to go to the courts thus I am willing but not sure how to proceed.

Thanks again.

 

[bryan]

Just call your bank and tell them you want to file a billing dispute. They should transfer you to an appropriate agent and take your information. You may have to fill out a form and send it in or fax it. After that the bank will research the issue and makea determination and should credit your account for the sum charged.

 

[DGFLYGIRL78]

Similiar Situation

I am in a dispute like yours, except I am the seller of an ebay item. I could really use some help from any body. Here is my situation:
A man in Missouri won my diamond ring auction (note: I am in California). Payment went smoothly, shipped with no problems, offered a 7 day no questions money back. Nearly 3 weeks after shipment was received I begin to receive threatening emails. He wants money back. He claims "item not as described". I refuse. He filed claim through PayPal, he lost, then appealed and lost again.
Now the issue...
He has since filed a small claim at his local (missouri) court. We have a court date in Dec. I want to know if the proper venue has been chosen. If it not in Missouri courts jurisidiction, is the small claim invaild?
Is there any way to change the venue to a California court?
Also, does PayPal's findings have any relevance in a court of law?
One more thing, I have found the man's emails to be harrassing and threatening, is there a way to get a restraining order put on someone for acts over the internet?

 

[mguth]

How To Sue eBay and Paypal for Unfair Business Practices

Consumers who have experienced unfair business practices from eBay and Paypal, e.g., where the companies refuse to live up to their buyer protection programs, may have recourse in a court of law. Typically unsatisfied consumers have bought a product on eBay or pay for it using Paypal only to find that the article is not as represented, is a different color or size than pictured, or arrives in a broken and unusable condition. When the consumer complains to eBay and Paypal and asks for a refund, both of these eBay-owned companies disavow any responsibility owed to the consumer.

This article will present a guide for consumers to prosecute eBay and Paypal for deceptive business practices that harmed them and what they can expect from eBay and Paypal in terms of defenses. At the outset, note that eBay and Paypal have managed to insulate themselves from damages claims through creative wording of their user agreements, which all consumers must agree to accept as a condition for using either eBay or Paypal.

Paypal, Inc., is a subsidiary of eBay, Inc., and the two companies are intertwined for purchasers of goods sold on eBay.com to complete payments to sellers using Paypal.com. The Defendants Paypal, Inc. and eBay, Inc., may be served with process (summons and a complaint) using the long arm statute of the consumer's state. The long arm statute most likely provides for service of out-of-state corporations through the state's Secretary of State. eBay's may be served with process at the following address: eBay Inc.; Attn: Corporate Counsel; 2145 Hamilton Avenue; San Jose, CA 95125.

Upon receiving the consumer's lawsuit, the defendants eBay and Paypal will advise the consumer that his or her user agreements with these two firms require the consumer to file disputes against the firms either with a court in Santa Clara County, CA, or with the National Arbitration Forum. If the consumer does not voluntarily withdraw his suit, then eBay will threaten to seek its lawyer fees to have the case dismissed. At this point, most consumers then drop their suits.

However, the arbitration clauses in the user agreements exclude claims for equitable or declaratory relief. Accordingly, if the consumer files his suit from the outset seeking equitable or declaratory relief, then the eBay user agreement defense will NOT prevent the lawsuit from going forward. With the lawsuit proceeding forward, the consumer can send eBay or Paypal interrogatories to seek discovery. Interrogatories are written questions sent to a party to a lawsuit that must be answered in writing, usually within 30 days. With interrogatories, the consumer can get access to information about the seller, as well as the frequency with which consumers have complained about items being delivered that were materially different from the item pictures on eBay.

The consumer's local state court will have personal jurisdiction over the eBay and Paypal to hear claims for equitable and declaratory relief, because these firms have established substantial contacts the consumer's state. The following non-exhaustive list of activities and contacts by the eBay and Paypal in and with the consumer's state make it fair, equitable, and convenient for eBay and Paypal to defend these causes of action in the consumer's state:

(1) The controversy arose out of the consumer's purchase of some item on eBay.com, which was shipped to him or her at the consumer's address, and which arrived damaged and unusable. The funds used to pay for this transaction were drawn from a bank in the consumer's hometown, and payment for this transaction occurred in the consumer's hometown. The contract to purchase the item and pay for shipping was most likely formed in the consumer's hometown.

(2) For more than 10 years, eBay and Paypal have systematically and continuously advertised their services to the consumer and other Internet users in the consumer's state via advertising and electronic mail. Over the years, eBay and Paypal have collected fees on scores of millions of dollars in payments and seller fees from businesses and residents in the consumer's state.

For circumstances in which a seller refuses to take back damaged merchandise and issue a refund, the consumer can seek equitable relief to bar that seller from any and all further transactions on the eBay and Paypal platforms. The consumer can seek declaratory relief that eBay and Paypal's Buyer Protection Plan submission forms are riddled with computer errors and will not allow users to properly submit claims.

The consumer should also check whether, and seek declaratory relief that, eBay and Paypal's fraud violated the state Consumer Protection Act, which frequently gives the consumer a statutory right to prosecute eBay and Paypal independent of any breach of contract claim he or she may have related to the user agreement.

The consumer can also challenge in his local state court the validity of the arbitration clause as unconscionable. A claim that the arbitration provision is unconscionable is a matter to be decided by the courts and not the arbitrator, because it specifically challenges the validity of the agreement to arbitrate irrespective of the validity of the whole contract. If the state trial court determines that the arbitration clause is unconscionable, then the consumer will be entitled to pursue monetary damages against eBay and Paypal. However, it is unlikely that a state court will find the arbitration clauses unconscionable, due to the pro-business tilt of the U.S. court system.