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PayPal supports fraud August 10, 2008

Posted by rjdohnert in 1.
3 comments

I sold an SGI Pentium machine on eBay recently one of the extras I had laying around. It didnt have an HD but upon testing and using a LiveCD distribution everything worked and I shipped the item. When the buyer received the item he was happy with his purchase he left positive feedback and that was the end, not so. The buyer EMCVA, Francisco DiAngelo, eBay user rezy144, 16 days later filed a claim with PayPal stating the machine was improperly packaged.  Of course which was a lie because I used secure foam and the machine was packed very tightly, then he claimed the machine wouldnt power on which also, a lie. So I challenged it.

I provided PayPal with all information, the e-mails that the buyer sent on July 10, 2008 that everything was working fine, feedback and the fact that after the receive date I didn’t receive any e-mails or notice from Rezy regarding anything about the machine. I even had to explain to PayPal about a bootable Linux distribution and what it could do. You would think that with all that mountain of evidence PayPal would be siding with the seller. Wrong. He has to ship the machine back to me in the original condition and they gave him a full refund. Now according to the operator, if I can resell that machine on eBay then I can do that. But if he sends it back to me in the original condition that means that it would work fine, so why in the bloody bluest blazes of hell would he ship it back.

Either way its fraud. So basically PayPal is supporting the buyer defrauding a seller. I sent them evidence that the buyer was happy, it was shipped in a good working condition as one of my employees was one who also tested and verified the machine yet they still provided a refund because he used the words that he knew would get him a refund, “item didnt work as described”

So in the world of eBay and PayPal the seller is immediately the bad guy.  You get no support

UPDATE:  After receiving the machine back, it doesn’t power on at all, and there were components missing ie no processor which would explain why the machine wouldn’t come on.  The machine shipped with a processor.  FYI, if you are going to screw someone make sure you ship all the parts back to the seller.  Im actually considering criminal charges against the buyer for fraud, my lawyer already told me its something I can pursue. Despite the $50.00 price tag, Obtaining property by false pretenses is a felony and property can be monetary or physical property.  I’m also considering a civil action against him and PayPal as co-defendants.

UPDATE 2: September 4, 2008

After filing a complaint with the State Attorney Generals Office, PayPal has refunded the $50.00 and paid my attorneys fees.  So that leaves Mr. Frank DiAngelo from EMCVA.  Now as my lawyer has advised me I can have him prosecuted under state law for Obtaining Property by False Pretenses which I will reiterate is a Felony under NC state law.  But what the hell, I think 1,534 views of this topic alone is embarassment enough.  If he tries to come after me civily, whether PayPal goes after him for the money, I have 2 years to prosecute him.  Either way, Im happy, I thank PayPal as they did the right thing.

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