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I've been scammed through ebay. please help - Page 3

post #41 of 65
Thread Starter 
Quote:
Originally Posted by mosh
Just an aside question, the person you talked to on the phone that said he shipped the laptop, is that number the same number thats listed in the yellow pages for the lawyer?
yup
post #42 of 65
Quote:
Originally Posted by tcat92
I thought buyers are protected up to $1000? why just 170$? If he doesn't provide a tracking number in response to your claim, after 10 days, paypal will side with you and deduct the money from his account whether there is money in it or not. It can become a negative account but that is his problem. You should get all your money back from paypal as part of the buyer's protection they tout about.
No, that is wrong. Having been in MANY PayPal complaint cases, I know exactly how it works. They will not make his account go negative even if they find in your favor. If he has $0.00 in his PayPal account, they will only reimburse you $200 of it (that is their standard buyer protection amount), and then charge you a $25 fee for doing so. That means you will get $175 back. However, if he does have money in his account, you will get all of it up to the amount you paid him.
post #43 of 65
Quote:
Originally Posted by three4seven
oh yeah.. stupid me.. i paid by bank account

Doesn't ur bank have any fraud protection? I'm sure they could put a STOP PAYMENT on your transaction or a reversal.
post #44 of 65
Can't do a stop payment, bank transfers only take 3-4 days.. and he paid back in Dec. 2x.
post #45 of 65
Thread Starter 
hmm.. i hadn't considered this.. its been over 3 weeks though (dec 11th)... ill call my bank (chase) and see what they say
post #46 of 65
Quote:
Originally Posted by three4seven
hmm.. i hadn't considered this.. its been over 3 weeks though (dec 11th)... ill call my bank (chase) and see what they say

From my experience you need a source of investigation to present as evidence for a fraudulent transaction. So you may need to inform them that paypal or the local authorities are investigating. Thats why I suggest you call the Charlotte Police, and then your bank has more reason to either reverse the transaction (communicating with the other bank on your behalf) and get something going there.
post #47 of 65
File a case here: http://www.ifccfbi.gov/index.asp
And call his local police department like some others have been suggesting. This is a serious matter, he stole your money and didn't ship the laptop to you. Do what you have to.
post #48 of 65
oh man.. i was also scammed about 3 weeks ago... i know how you feel... in my case, it was only a 120$ item so i just let it slide... but if i were you i would pursue it... and dont be afraid that the other guy is a lawyer... I dont know about the ethics rules where he practices but a call to the state bar association ought to scare him to comply (unless he wants his license suspended!!)......
post #49 of 65
heres a useful link that outlines your rights (thanks to synergism!!!! nice avatar dude)...... http://www.mindspring.com/~bookdealers/ripoff.html
post #50 of 65
You dudes,get off his back!i'm sure he's realised we're he f#*ked up,it dosen't help raggin on him.
post #51 of 65
Thread Starter 
Quote:
Originally Posted by skeetjlt
heres a useful link that outlines your rights (thanks to synergism!!!! nice avatar dude)...... http://www.mindspring.com/~bookdealers/ripoff.html
definitely an interesting read. thanks
post #52 of 65
I agree with most people that you should not back down from it. Also do your homework. If he is a lawyer then you maybe able to report something to his local ABA and claim some kind of ethics volation.
post #53 of 65
Thread Starter 
just an update and another question for the masses ...

well I won the claim.. but the seller didn't have sufficient funds in his account... soo... i got back 175 bucks.. but.. since i wasn't satisfied with this.. I went ahead and called the bank and did a chargeback.. they said everything was fine and they gave me back the money...

now my question is this.. what happens now?.. i hear all these stories of people doing chargebacks and then somehow owing money to paypal... i don't want this to happen... so.. what exactly am i looking to do now?
post #54 of 65
I would suggest you remove your bank account from your paypal account. Paypal WILL take the money from there. It happened to me.
I refuse to have a bank account on my Paypal account at all anymore.
You can bet on Paypal being pissed and saying you owe them, since it is Paypal that the CC takes the money from essentially, and not seller that scammed you. You'd think it would be then that Paypal would go after the scam seller and not the one that got ripped off.. But that is Paypal for ya.

I would really be cautious going forward with doing any purchased with paypal in amounts of $$ you aren't willing to 'write off' so to speak.
post #55 of 65
Quote:
Originally Posted by noesis
...can take the dude to small claims court but thats hell because everything is on your shoulders.
TOTALLY WRONG... don't listen to this...

if he's in another state the burden of collecting is on the Attorney General of his state... you need to know the phrase "substantial contact"... this is, you and he had substantial contact with one another so that JURISDICTION is considered to be EITHER state...

i had a problem with a guy last year for some big bucks... i filed a Cause of Action (lawsuit) in my state, had him served and he didn't appear... because of his lack of appearance, i won by default (i.e. "default judgment")... i sent the judgment to the Attorney General of my state who served it on the Att Gen of his state who was required by Article IV of the US Constitution to recognize all judicial acts performed by any other state... "Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state."

in short, his Att Gen served him and he has a couple choices - he can pay the judgment, not pay it and his state will auction off his propterty to satisfy it, file an action against me which i'll win because of my evidence and i'll make him pay for all court costs, etc. in addition to the judgment...

just wanted you to know there are other options out there...

i'm lucky in a couple ways - i studied law and PayPal saw this one coming and told me NOT to continue the transaction because it looked like fraud to them and i have his home address, etc. (which i got by serving a subpoena duces tecum on PayPal and Ebay - an order to appear and present records)... btw, this is so common (serving court orders on PayPal and Ebay) that they have phone numbers set up just to handle it lol

btw, i assume that you don't know how to file a Cause of Action and what to say... just talk to your local clerk of court (being VERY nice lol) and they can tell you everything... they can even point you in the direction of similiar actions that have been filed so that you can copy the wording and chg it to fit your circumstances... if this isn't enough, call some paralegals and they can tell you exactly what you need although it's illegal for them to do it... <nod, nod, wink, wink>

get on his azz in YOUR state... make him play on YOUR home ground... good luck!
post #56 of 65
Thread Starter 
Quote:
Originally Posted by Chesney09
I would suggest you remove your bank account from your paypal account. Paypal WILL take the money from there. It happened to me.
I refuse to have a bank account on my Paypal account at all anymore.
You can bet on Paypal being pissed and saying you owe them, since it is Paypal that the CC takes the money from essentially, and not seller that scammed you. You'd think it would be then that Paypal would go after the scam seller and not the one that got ripped off.. But that is Paypal for ya.

I would really be cautious going forward with doing any purchased with paypal in amounts of $$ you aren't willing to 'write off' so to speak.
well I suppose this is what i don't understand... if they have the power to take money from your account (bank account).. then what stops them in the first place from taking money from the account of the seller who scammed me... all they told me was that they couldn't do anything... except tell the seller he needs to pay me.. thats why I went ahead and did a chargeback in the first place.
I called and asked and the lady had no idea what was going to happen... all i want is my money back without oweing anything to paypal
post #57 of 65
btw, because i began the legal actions in my state, all further actions would attach to that and would have to be in my state... so all subsequent events would be in my state...

also the guy that was talking about Federal Ct hasn't a clue... to file a COA in Fed Ct it takes a MINIMUM of $10,000 in damages AND the costs in Fed Ct are ridiculously high... look in your phone bk and call the Clerk of Ct of Federal District Court and ask what the costs are lol

you don't ever wanna be in Fed Ct unless you have a HUGE amt of money at stake... the rules they play by are much different than state courts... i.e. they do a great deal through depositions which are very expensive - you don't even wanna go there...
post #58 of 65
I'm trying to sell my Insprion 1100 on ebay, and it's been sold twice and never received payment. The last asshole had the balls to send me an email asking for my bank accoutn and routing # so he could wire me the money from the UK. I wrote him back a simple email that said "FU@K YOU"
post #59 of 65
Quote:
Originally Posted by KBCCN
I agree with most people that you should not back down from it. Also do your homework. If he is a lawyer then you maybe able to report something to his local ABA and claim some kind of ethics volation.
ABA is voluntary and won't do anything...

the state bar is required but doubtful if they would do anything either - they tend to protect lawyers and besides it's just a "he said - she said" situation...

if you had a criminal (as opposed to civil) judgment against him, then you'd have some leverage...

btw, my own mother won a $65,000 judgment against a lawyer in her own state and ended up collecting virtually nothing... he just kept appealing so that it cost her most of the money (appellate lawyers are very expensive and like to be paid up front)...

about half my family are involved in law in one way or another but a lawyer can still screw you outta your money...

as my dad (a judge for 33 yrs) always says "the only people who make money in court are lawyers"... with very few exceptions...
post #60 of 65
Quote:
Originally Posted by three4seven
well I suppose this is what i don't understand... if they have the power to take money from your account (bank account).. then what stops them in the first place from taking money from the account of the seller who scammed me... all they told me was that they couldn't do anything... except tell the seller he needs to pay me.. thats why I went ahead and did a chargeback in the first place.
I called and asked and the lady had no idea what was going to happen... all i want is my money back without oweing anything to paypal
I don;t THINK they will pull the money from your account but they WILL put you to a Negative balance with Paypal for the amount as I am sure they did with the scam seller... It basically equates that if he wants to use Paypal again.. He'll either have to pay the negative balance or figure a way to open another account.

Because you filed a claim through Paypal and they gave you a whopping 175.. The claim will stay open so as if the scam seller DOES pay up to get his account back, it'll go to you. With you doing a charge back, it means Paypal would be out the money (of course they won't like that option).

I would just remove your bank account. It is safer and keeps you from using your bank account to pay for anything. Use a CC.

I am glad you got your money back.. Not you'll just have to endure PP for a while. I don't see it as much of a deal as is the loss of all your money initially.
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