Forum

Pay pal case
 

Hey

So I've got a pretty serious case going on Pay-Pal it's escalated and the seller is trying to sue for recission and remedial damages. His claim is the item is a ⊗⊗⊗⊗. I purchased the item on a trip to the states and believed it was real, and still do. He is asking for a refund, and I have chosen not to issue one until he can prove that they are infact ⊗⊗⊗⊗, by comparing them to a model in the store.

Acouple things I had in mind:

1. Should I just close my bank account, and let my pay pal sit there. (Remember he does have my shipping address, and information)

2. Should I wait it out and see what Pay-Pal decides to do?

3. Should I issue the refund at a pretty big loss.

4. Suggestions

Thnx

The best outcome for you is that you get the item back. PayPal will most likely side with the buyer, ESPECIALLY seeing as how they claim the item is not authentic.

In fact, according to PayPal's rules, if the item is a ⊗⊗⊗⊗, they don't even have to return it, they just have to "certify" that they destroyed it.

That policy is total BS in my opinion, as PayPal has NO WAY to know for sure if the item is real or not. That creates an opportunity for scamming buyers to make bogus claims to get free merchandise.

I don't see a lawsuit being successful here. I don't think the courts would award "remedial damages" in such a case. So I view that as a non-issue. Of course I am not an attorney, and if you are sued, get an attorney IMMEDIATELY.

If you have already gotten the money out of PayPal and you close your bank account, you COULD stick PayPal with the loss, but that will only hurt you in the future. It could end up on your credit report and it goes without saying that you would burn a real account over it.

I would ask the buyer to return the item and issue the refund. If you want to then re-sell it, be sure to verify the authenticity first. I also would NOT recommend re-selling it on the same account.

The reality of your situation is that you are in a no-win position. Many sellers have lost such cases and lost their item as well as their money. PayPal almost ALWAYS sides with the buyers. The ONLY WAY I could see you winning this is if you were an authorized retailer for the item you sold.

Honestly I would suggest to take the hit, it's not worth getting your account nuked. The person who bought your item probably had second thoughts and just trying to scare ya into giving them their cash back. Also recommend what jeffweico says about re-listing on a different account. Let us know what happens.