Pay Pal destroyed property

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traveljunkie

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New here, didn't see this topic- I'll try to be direct.

Sold a Roseville Art Pottery vase on e-bay (relatively new seller). Buyer paid via pay pal. Buyer accused me of selling a re-production. I've been collecting this pottery for over 30 years, and was/ am convinced it is authentic. I requested the buyer obtain letters from 3 reputable appraisers/ or antique dealers on their letter head- supporting this claim, and I would refund 100% of the purchase price when the item was returned to me. Buyer filed dispute with Pay Pal (didn't want to go through what I requested).
Pay pal did their investigation, and sided with the buyer (what a surprise) and refunded her money and deducted that from my account (no $$ in there so I carry a negative balance). I received 2 e-mails from pay pal - 1) was the merchandise was to be shipped back to me and 2) that the merchandise was to be shipped to Pay pal for destruction.
I had to call to find out the status, as they stopped answering my e-mails- I called Pay Pal, to begin appeal of their claim only to find out and their 'fraud investigation team' had the piece destroyed. In addition Pay pal will not release their documentation used to substantiate the claim with out a subpoena to their legal department.
I'm expected to pay for property that I don't have, I don't have the piece to prove on my own it was authentic (but I still have pictures) So I'm just out the money???
So....my questions are:
1) Do I have to go through a lawyer to file a subpoena? Any other avenues?
2) At what point does a 3rd party or Pay pal have to order property they do not own destroyed
3) (General) do I have any type of case here?
4) The $$ isn't the issue here (under 300), it's the principle - that piece was 1920's art pottery - it cannot be replaced. - I can't believe they can get away with destroying a piece of property, AND expecting me to pay back they buyer. Am I out of line?

Many thanks for any comments/ advice.
(and Yes, I'm done doing business with e-bay & pay Pal!)
 
"Principle of the matter" cases are lousy.

For $300 bucks, I'd say forget it.
 
This is not legal Advice!


Hey Traveljunki,

First of all, I fully understand your frustration and would suggest you read carefully the agreement you were asked to adhere to and try and see what rights you allowed them to have on your behalf. If there are no grounds for them to destroy your property without due cause, then i would suggest you ask them to produce the evidence for you to see on who's professional opinion they used! If they are unable to produce this evidence and the actual item you are talking about then how can they confirm they destroyed the actual item you sold?

Ummm tricky but worth a try because it is all here say if there is no item.
I had a similar situation once where a so called specialist was saying my company sold and item that was fake, I managed to get the item back and send it to the TOP specialist "At my cost" in my country and the item was found to be fully authentic and the customer got a full report and ended up still purchasing the item and paying my out of pocket amount.

I must stress I did not use the company you are dealing with and in no way suggesting they have got the situation wrong. I am only giving you my opinion on this situation.

Good luck

Mark.
 
But do they have any legal right to destroy property?
Is there some statute somewhere that indicates they can take posession of property? (it certainly is not in their user agreement)
Just looking for some clarification..

It might be 300 bucks to me, but how many others are they doing this to?

Thanks!
 
But do they have any legal right to destroy property?
Is there some statute somewhere that indicates they can take posession of property? (it certainly is not in their user agreement)
Just looking for some clarification..

It might be 300 bucks to me, but how many others are they doing this to?

Thanks!

I have no answers for your hypothetical questions.

Sorry...
 
This is not legal Advice!

If there is as you say nothing in the agreement between you and the said company, and they have decided to refund the money to the customer.
Then the goods must still belong to you and it dose not become there right to destroy the goods.
Remember the agreement you have committed to, there may be a section in there where they are allowed to do what they have done. We do not know what your original agreement was and on what terms and conditions you committed to adhere to!
If you still feel you have an issue then pursue for compensation, it's your call and your money, we can only give an opinion.

Good Luck

Mark.
 
Thanks all for your input and 'non legal' advice. I don't feel as if I'm crazy. I have a copy of the user agreement, and I'll reveiw yet again for any hidden clauses. Any new developments, I'll post back.
thanks again
traveljunkie
 
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