Paypal decided not to protect me against online Fraud when I sold Linux Laptops. I need legal help.
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LEADING STORY PAYPAL WON'T PROTECT YOU!
I am putting this story out because many of you don't know what you are getting into by using Paypal. Most people think they are protected by Paypal from Fraud no matter what. Here is a quote from Paypal's user agreement.
“11.3 Qualification Requirements. In order to qualify for coverage under the Seller Protection Policy, you must meet the following requirements:
a.You must have a Verified Business or Verified Premier Account at the time of the transaction,
b.The transaction must be between a US, UK or Canadian buyer and a US, UK or Canadian seller,
c.The payment must be listed as "Seller Protection Policy Eligible" on the "Transaction Details" page, or cleared by PayPal through Payment Review,
d.You must accept a single payment from one PayPal Account for the purchase,
e.You must not charge a surcharge for accepting PayPal,
f.You must ship the purchased item to the address listed on the "Transaction Details" page, and that address must be identified as a Confirmed Address,
g.You must ship the item to the buyer within 7 Days of receiving payment,
h.You must have trackable online proof of delivery from an approved shipper to the address on the "Transaction Details" page. For transactions involving $250.00 USD or more, you must provide a proof of receipt that was signed or otherwise acknowledged by the buyer and can be viewed online, (If you paid in a currency other than US dollars, the following amounts apply for this section: $325.00 CAD, €200.00 EUR, £150.00 GBP, ¥28000.00 JPY, $350.00 AUD, 330.00 CHF, 1,600.00 NOK, 2,000.00 SEK, 1,500.00 DKK, 800.00 PLN, 55000.00 HUF, 6,000.00 CZK, $400.00 SGD, $2,000.00 HKD, $380.00 NZD), and
i.You must respond to PayPal's requests for information within the time period PayPal specifies.
Please note that in order to qualify for our Seller Protection Policy you must ship the item as required in this section. If you hand deliver an item, or provide delivery in any manner other than required in this section, your transaction will not qualify for the Seller Protection Policy.”
So here my story begins. I started using Paypal 10 years ago and agreed to their agreement then. Since then they have changed it to include what you see above to say you must abide by those terms or Seller Protection is out the window. Paypal never told me their Seller Protection policy changed and therefore I thought I was protected. I sold a computer to a guy who stole another guy's ebay / paypal account and Paypal put the money in my account, verified the address as the sellers under the Details page and then I decided that it was legitimate. So I sent the $875.00 laptop to the guy and Paypal told very shortly afterwords that I owed the guy back his $875.00 and that I was not covered. In the first place ebay and Paypal encuraged me to sell world wide to increase sales. All the while Paypal makes money on every sale I make. So Paypal charged me an additional $35.00 for moving the money back to the original Paypal account and sucked all my money I had in their account out. Now they say I owe them -$790.66 USD. I say they owe me over $900.00 for being neglegent in trying to get my money back or my laptop and also for the $35.00 fee that was not for services I received. I sent this letter to them:
I know I have complained before about this buyer protection being bad but this time I found something that is very misleading about the whole thing.
In the attached picture you will see how there is no mention of buyer protection. I know that somewhere along the line like in the details of the transaction it tells you if you are protected or not but just think about this picture first and tell me what you think.
Here is my original request.
This is a bill to paypal from:
Computer Rescue
171 24th Street
PO Box 485
Pomeroy WA 99347
1-208-750-5628
For two unauthorized transactions in the following amounts:
$874.60 USD Due to Paypal's negligence to try to get my stolen item
260144524495 back.
$34.41 USD Fees charged by Paypal for services not received by Computer
Rescue.
Total: $909.01 USD.
Hello, This message is to further clarify my response to Paypal.
In the bill presented below I am stating that because Paypal was legally negligent in it's responsibilities to put some effort out to get my item back and deducted $874.60 for the price of the item lost without it being authorized by Computer Rescue that Paypal owes me back the full amount of the unauthorized transaction.
This bill also states that Paypal owes Computer Rescue for services that were not received but were charged for in the form of a service fee. As indicated by your records this fee was $34.41. I am requesting that you refund our company for services that were not received.
Further more your company is in breach of it's contract because your Paypal representative in the escalations department clearly stated during the recorded phone call that he did not expect me to read the user agreement. By stating that he did not expect me to read it he also was stating that there was not a "meeting of the minds", a legal term I'm sure you are familiar with. I also asked him a series of questions asking if it was stated any where else or in an e-mail that you would not protect me in the case that I or anyone else had shipped outside the US, UK, and Canada.
I have had a Paypal account for 10 years. Over these 10 years I had two separate accounts. I was not aware I had two accounts and recently closed the first one. During the time of my first account I was under the impression that I had up to $1,000.00 of coverage on my account without restrictions. This is why I asked your escalations department specialist if the agreement had changed. He said that the agreement had never changed. I then told him that I have done business over the last 10 years with Paypal. I asked if the seller protection policy could have changed? He stated that it had changed. Which is it?
The first thing I asked was if I was covered under FDIC. Your escalations department specialist informed me that I was covered completely %100. I am covered for fraud.
I informed the man in the escalations department that I had been told by ebay that selling worldwide would be better because it would increase my sales. I asked him if Paypal would do anything other than allow the user to read the agreement to inform their customers that by selling worldwide they would not be covered. His response was that Paypal absolutely would not try to discourage anyone from selling worldwide.
I have a question to ask you. If you had a store and someone who had a stolen credit card or check book came in and bought an item and left with it would he not be stealing from that store? In a literal perspective yes he would.
The people on the phone I spoke with told me that seller protection and insurance were not the same thing and since I had been informed in the past (during the transition to seller protection) that I was covered up to $1,000.00 and never informed that there was a change I assumed that there was a difference between seller protection and insurance and that I did not need seller protection to be insured. I was also under the impression that the FDIC insurance would cover me if Paypal would not. This is the reason I believe that a false sense of security has been presented by Paypal to the masses.
I want to inform others of exactly what seller protection covers so that they do not suffer the same fate. It would seem that I am not the only one that this has happened to. I suggest you do the same via e-mail, TV, radio, and by other means of communication.
This is a bill to paypal from:
Computer Rescue
171 24th Street
PO Box 485
Pomeroy WA 99347
1-208-750-5628
For two unauthorized transactions in the following amounts:
$874.60 USD Due to Paypal's negligence to try to get my stolen item
260144524495 back.
$34.41 USD Fees charged by Paypal for services not received by Computer
Rescue.
Total: $909.01 USD.
So Far Paypal has only responded telling me that they thank me for reporting this other guy from Nigeria and that I'm not covered by seller protection. I think I need to accuse them of a crime. If anyone can help me please do. I would sure appreciate it. Full Story |