Legal advice needed

mrgazer · #1 12-29-2015

I know this question is not in the correct section but I believe this section is the most suitable.

A customer of mine ordered from my legit business website - paid around £1500 for some goods which he believes is faulty. Although they are not faulty, but we as a good will refunded him anyway.

He paid by PayPal, but since it's been past the 45 days we couldn't refund via PayPal. So we have refunded him via bank transfer. 2 weeks later, he opened a charge back with his card company..

I am now fcuking screwed if this charge is successful.

I am in need of some legal advice to see what I can do legally by legal means.

Do I have any rights to sue this customer subject to fraud?

JamesNorth101 · #2 12-29-2015

You really need to talk to a lawyer about this

This is not the sort of thing that the forum can advise

Worth looking at small claims though if it goes wrong. You may also want to talk to the police.

mrgazer · #3 12-29-2015

Thanks for your reply every time James..

appreciate it, I shall be looking into this further. thanks again

RustyShackelford · #4 12-29-2015

Call Paypal, provide proof that you wired the money, as a refund specific to his purchase. I cannot see them not wanting to help you, because they will lose on this transaction as well. You can also call his card company and fax/email them the same info. They aren't dumb, they do not want to assist in fraud.
Do not wait until they close the case.

blueuk · #5 12-29-2015

The buyer may well have started the chargeback BEFORE you refunded him.

Consider that. Can you not get in touch with the buyer, and ask him to either transfer the money back to you, or cancel the chargeback on his credit card?

ebanned · #6 12-29-2015

The police wont do anything... At most, youll get a crime number. What has the person said thats done the charge back and took the refund? Your best trying to speak to them, if its a business credit card and someone from that business doesnt know about the refund then there might just be a bit of confusion.

BOZZA · #7 12-29-2015

On the chargeback slip from the customer you can submit evidence that he has already been refunded, the address you sent the item to and any communication between the both of you. - Good luck hate chargebacks.

mrgazer · #8 12-29-2015

Quote:

Originally Posted by RustyShackelford

Call Paypal, provide proof that you wired the money, as a refund specific to his purchase. I cannot see them not wanting to help you, because they will lose on this transaction as well. You can also call his card company and fax/email them the same info. They aren't dumb, they do not want to assist in fraud.
Do not wait until they close the case.

Quote:

Originally Posted by blueuk

The buyer may well have started the chargeback BEFORE you refunded him.

Consider that. Can you not get in touch with the buyer, and ask him to either transfer the money back to you, or cancel the chargeback on his credit card?

Quote:

Originally Posted by ebanned

The police wont do anything... At most, youll get a crime number. What has the person said thats done the charge back and took the refund? Your best trying to speak to them, if its a business credit card and someone from that business doesnt know about the refund then there might just be a bit of confusion.

Quote:

Originally Posted by BOZZA

On the chargeback slip from the customer you can submit evidence that he has already been refunded, the address you sent the item to and any communication between the both of you. - Good luck hate chargebacks.

Thank you very much for everyone's input in this, I have submitted all information to paypal and hopefully it will be all ok now.

I will also be prepared to look for debt collection company in case any funds needs recovering.

Appreciate all the help. Have a very happy new year!

BOZZA · #9 12-30-2015

Small claims court should rattle the fraudster:

https://www.gov.uk/make-court-claim-...ney/court-fees

Submit the claim easily online, good luck!

Quote:

Originally Posted by mrgazer

I will also be prepared to look for debt collection company in case any funds needs recovering.

BOZZA · #10 12-30-2015

Alternatively I've used thomas higgins before for tenants that owe me money.

For £2+V.A.T They will send a formal letter to the debtor warning of court action if payment is not received within seven days.

In most cases this is enough to prompt the debtor into paying!

Debt collection process - Letter Before Action & Late Payment demand | The Thomas Higgins Partnership

Quote:

Originally Posted by mrgazer

I will also be prepared to look for debt collection company in case any funds needs recovering.

Appreciate all the help. Have a very happy new year!

phaz0rz · #11 12-30-2015

I'm curious. Why would you issue a refund via bank transfer, ever? Even if the time had passed when you could have refunded the original transaction, you could have still sent the customer his money back via paypal. Then Paypal would easily be able to see he is scamming you, and the dispute would quickly be closed. I've had to do this in the past when customers tell me 6 months later that their product has stopped working.

I know none of this helps your current situation, but I recommend using Paypal next time

mrgazer · #12 01-04-2016

Quote:

Originally Posted by BOZZA

Alternatively I've used thomas higgins before for tenants that owe me money.

For £2+V.A.T They will send a formal letter to the debtor warning of court action if payment is not received within seven days.

In most cases this is enough to prompt the debtor into paying!

Debt collection process - Letter Before Action & Late Payment demand | The Thomas Higgins Partnership

I was considering using them actually as they seem very reasonably priced.
Thank you for your help

mrgazer · #13 01-04-2016

Quote:

Originally Posted by phaz0rz

I'm curious. Why would you issue a refund via bank transfer, ever? Even if the time had passed when you could have refunded the original transaction, you could have still sent the customer his money back via paypal. Then Paypal would easily be able to see he is scamming you, and the dispute would quickly be closed. I've had to do this in the past when customers tell me 6 months later that their product has stopped working.

I know none of this helps your current situation, but I recommend using Paypal next time

I was trying to save on the fees, but what a stupid move.. Ive learnt my lesson now.