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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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We was conned on eBay snap on tool box in May this

Customer Question

Hi we was conned on eBay for a snap on tool box in May this year the email came through eBay and we later was told by eBay that this was a phishing email. We paid £3511.00 to the bank details that came via eBay trough out bank transfer & not PayPal. eBay said because this wasn't paid via PayPal there was nothing they could do?? I gave all the emails that they sent me via eBay messages with logos etc that made me think they was genuine or I would never have made payment... Is there anything we can do, action fraud are aware of this as I reported this to them at the time. I have never heard from them since. I just feel this was unfair as the item was listed on eBay & we made an offer via eBay & received messages back from the seller via eBay... eBay told me that the account had been hacked??? I would like to take this further as £3511.00 is an awful lot of money to lose through no fault of mine. Please could you give me so guidance & advice about this. Thank you Susie
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry for the delay.
I'm not sure what you are hoping to do about this?
Customer: replied 11 months ago.
I was hoping for some advice & if you thought eBay should stand the loss as it was via their website that the item was falsely listed.
Expert:  Jo C. replied 11 months ago.
No.
I am sorry.
There is no way around the fact that Ebay are not liable. They did not create this situation. The scammers did.
Ebay insist on paypal transfers for the protection of their users and even that fails sometimes.
Sometimes Ebay can be liable if their security measures have failed but they have not here. They have just not been used as the transfer was not through Paypal.
Even if there is a hacking argument, Ebay are still not to blame as the transaction was not done through Paypal.
I'm very sorry and I know it is a large sum but your claim is against the scammers.
Can I clarify anything for you?
Jo
Customer: replied 11 months ago.
Thanks for that & I do understand what you have said but the item was listed on eBay & has bids on it & said make an offer which we did & it got accepted, why did eBay not protect the bidders if the account had been hacked? Why was the item not removed & potential buyers notified so that a transaction didn't happen, surely they could of removed it, even after I notified them within 24 hours of my payment they still let the item run auction?? If this item hadnt of been on eBay, this wouldn't of happened to me, I trusted the messages as they came to my eBay inbox everything was just like eBay would send, so In theory I was tricked by the scammers but I was also let down deeply by ebays security & protection to its members.
Customer: replied 11 months ago.
Most importantly of all We lost £3511.00 which we had worked so hard for & saved up for...to get...Nothing! Thanks to eBays site not fully protecting me and letting this item be listed & me an innocent honest member get scammed for all that money. I think I could of forgot about it & put it behind me if it was £20 or a smaller amount but £3511.00 come on that's ridiculous, and I'm not stupid by any means.. this had me & my husband taken in to believe it was genuine.. Why shouldn't I of believed it?? I have bought and sold through eBay since 2007 so I really trusted the site & not for 1 minute did it cross my mind that it was a scam until afterwards when the seller emailed me saying his account had been hacked & there was no such item for sale & to contact eBay immediately, which I did & they left the item running until it ended on the auction date & time set. To me this was wrong as not only me that paid for the item but maybe the winning bidder also paid for it!! There should be something offered as compensation to us for the traumatic time that We went through it made me physically & mentally ill for over 3 weeks I jus could not get it out of my head, especially that there was nothing anyone could do?? Which is why I let time pass so I could deal with this situation & today I felt ready to seek some professional advice from yourself. If no one can do anything about it then this will keep happening to more normal everyday people like me & my family. It has been a real big blow & still causes nightmares for me. My husband has found it hard to deal with and I feel it's scarred us both. I have attached some files for you to see. I look forward to hearing from you.. Many Thanks Susie
Expert:  Jo C. replied 11 months ago.
Yes, I understand.
But Ebay were not to blame here. Come what may, you didn't use paypal. That would have protected you.
I'm very sorry and I understand and I know it is horrible to be scammed especially of such a large amount. But Ebay are not to blame.
Customer: replied 11 months ago.
Also my bank (Halifax) were notified by me in less than 24hours of me sending the payment over to the scammers. They tried to collect the monies back but was told by the other bank involved that the account was empty. So I even tried that way too. I'm sorry if you think that I'm going on about it but I am only telling you what happened & what steps I took to alert the police, bank & eBay. Many Thanks Susie
Expert:  Jo C. replied 11 months ago.
Yes, I do understand. It is a large sum of money.
The trouble is though that the scammers are the liable persons. Unless you use visa or paypal there is very little protection.
Customer: replied 11 months ago.
My bank account is a visa debit card and I paid through bacs? Susie
Expert:  Jo C. replied 11 months ago.
If you had used a visa card to pay you would have been protected.
A bacs payment does not give you that protection.

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