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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I sold a scaffolding tower on eBay.....no returns ....the buyer

Customer Question

I sold a scaffolding tower on eBay.....no returns ....the buyer came checked it...and took it paying by PayPal....then a month later I heard he was saying the tower was incomplete...then PayPal gave him his money back and charged me the 550 pounds....my complaint was rejected.....basically PayPal has taken his word over mine....but I know the tower was complete.....while I was abroad the tower was returned to my address ....I would certainly not have accepted it......so now I have a tower I don't want ..who owns it? And PayPal say they are going to pursue me for the money
......I have been scammed....the tower was returned covered in paint...he used it on a job....and PayPal has taken his word which (I know) is a lie.PayPal and eBay have helped this man ...he is a liar .
What should I do? Where do I complain?.....help!!
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.
When was the purchase made?
Customer: replied 11 months ago.
8th Oct 2015
Customer: replied 11 months ago.
Any other questions?
Expert:  Ben Jones replied 11 months ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. Whilst PayPal and Ebay have taken sides with the buyer, when you sell on ebay and use PayPal for payment you agree to their terms and conditions and you also give them power to arbitrate whenever there are issues in a transaction. So you may not necessarily agree with the outcome but you have agreed that you will give them the power to decide who is right and who is wrong, even if you may technically be correct. In the circumstances, it would be best to pursue the buyer as there is no point in making a claim against either PayPal or eBay. You could do this in the small claims court. That is the venue used for such disputes between individuals. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 11 months ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Customer: replied 11 months ago.
Hi Ben...I am very unhappy with your response....and I need to get other advice and research this further....you seem to be saying that the truth is irrelevant and that PayPal should be paid....I should accept the loss of 550 pounds for a scam perpetrated against me with the help of an international company.....where will it end?what else should I accept?...this is not going to happen........think about it ..business cannot work without trust....if PayPal force me ..if I choose your route....then I am accepting their story...that I lied and the man who bought the scaffold is honest.......this is wrong ....and PayPal is supporting and helping a liar and a cheat there will be a legal word for what he has got away with.....fraud?....I will stand up against this for as long as I can.
I believe that if I get the whole circumstance well written and sent to the right people in PayPal and wherever it seems relevant....if I am ready to go to court ..because I don't think they can get the money out of me without going to court...and I am happy to talk with a magistrate about this affair and how PayPal seem to operate ...I will win......no doubt you think that is naive......but essentially where I differ with you is that I do not agree that PayPal can be judge and jury ...whatever is written in their software...whatever I have' agreed to'...unwittingly.They are wrong in fact ...can't get around that and I will take my chances with a magistrate.I believe in justice.
I won't give them a penny without my judicial system in person telling me to .....it will still be wrong but I believe a judge or magistrate will understand and believe me....... Because it's the truth...and because PayPal should not be allowed to run roughshod over my rights and the simple truth.So your advise has a flaw it seems to me....does the fact that I 'agreed' to PayPal's agreement.......ie that they can be judge and jury ...will stand in a court of law? Is that really legal ?is that really true?.....or are there not other laws other expectations of a company?That they treat me fairly?That they treat buyers and sellers equitably?(which they clearly don't)....I am not a lawyer.... But PayPal needs standing up to.and I shall look for help to stand up to them.
PayPal have a problem it seems to me......they are undermining their own business ...which works always on trust....by being untrustworthy ,and worst, aiding and abetting criminals........
As it stands I will not rate your response because it would be null points.
Customer: replied 11 months ago.
Forgot to say that persuing the man who bought the tower is crass......he won't have the money for sure and won't pay....petty criminals are not worth persuing legally.....and it is PayPal who are demanding money....and it is PayPal who have made the mistake and refuse to take it back......PayPal is the problem.....criminals will be criminals... PayPal must find a way not to support them.
Expert:  Ben Jones replied 11 months ago.
ok good luck, I am afraid I cannot help any further here.
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.
I see the expertness opted out - what else would you like to know?
Alex
Customer: replied 10 months ago.
Before I ask you a question .....do you agree with the last solicitor
Expert:  Ash replied 10 months ago.
I only agree in that you can't bring a claim against Ebay or Paypal. But you could claim against the person that brought it from you.
Alex

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