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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70528
Experience:  Over 5 years in practice
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I sold an item on Ebay through PayPal. The item is now the

Resolved Question:

I sold an item on Ebay through PayPal. The item is now the subject of a chargeback due to fraudulent use of an PayPal account. I have full details of the delivery address and tracking confirmation it was delivered to that address. I have got the details of the owner and current occupier at that address, do i have any options to start civil proceedings against the occupier? I have reported the item as stolen to the Police.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
is there any reason you don't want to do that?
Customer: replied 2 years ago.

I want to 1 see if I can recover the goods, or take action to recover my losses.

Expert:  Jo C. replied 2 years ago.
So, the essence of this is that they purchased something, received it and then claimed a charge back on the basis they did not?
Customer: replied 2 years ago.

So the charge back was from a buyer that claims her account was accessed fraudulently and who has stated she does not live at the address the item was sent to.

The address was confirmed as correct by PayPal but I cannot get additional details from PayPal on an ongoing investigation.

Expert:  Jo C. replied 2 years ago.
Do you know that to be untrue?
Customer: replied 2 years ago.

No I don't but what I do know is the item was delivered to the address detailed and signature obtained. I know who resides at that address and I want to know if i have any ability to pursue the person at the address.

Expert:  Jo C. replied 2 years ago.
It depends if it is the same person.
Yes, you do have a claim against the person who has done this. The question is whether or not that was the culprit. Usually people who run these scams use an address otherwise than their own and the occupier pretends they were a long lost relative or something of that kind.
If you cannot prove fault on the part of the occupier then your claim against them would fail although in the civil courts there is a lower standard of proof so it might be possible to get a Judge to accept that it was unlikely that they were not party to this.
Can I clarify anything ?
Jo
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