Richie_k83 Posted June 5, 2015 Share Posted June 5, 2015 I don't think banks can take the money back via paypal, even under section 75 of the credit where for example people use credit cards via paypal and expect still to get the same level of protection they do if they were using there credit card in a shop they actually do not, although PayPal appears as the merchant on your statement, it can't be seen as the supplier in a debtor-creditor-supplier agreement under Section 75 because it merely acts as the payment intermediary by transferring the money from the buyer's account to the seller's account. Therefore it breaks that chain to be considered under Section 75. With it being a gift, as I experienced recently when I got messed about in a recent purchase and tried to get a refund, because it was a gift, paypal advise they could do nothing. Not 100% sure, my wife was unfortunate enought to have had her PayPal hacked, and through all of PayPals wisdom initially decided it wasnt fraud and closed the case, after reading into it and calling them, the bank said they could snatch or take the money back but said to leave it with PayPal for the time being. Not sure the ins and outs though. So just so I'm on the same page. I asked him as the buyer to pay for the items using PayPal. He then transferred as a gift for said items, his decision not mine. He is responsible for the method of payment. PayPal cant really hold me responsible if he paid with that method. Plus he agreed to the terms of the sale in the first place. I held up my end and had the box checked over by Whifbitz. They confirmed this over the phone to him and his garage. Sorry to confuse things, i just meant it as a heads up if he decided to take it further. If it was possible, Link to comment Share on other sites More sharing options...
Kendo11 Posted June 5, 2015 Share Posted June 5, 2015 The Facebook group being used for sales of items between 2 forum members is an awkward one, especially when the item is also advertised for sale on here as well. The threat of claiming that you're a fraud being put on here wouldn't have much strength, if what you have said above is true. A regular 'dispute' procedure would need to be followed. Following these issues up on here is also difficult when it isn't the medium being used to conduct the sale, as far as traceability goes. I hope that you can have this rectified promptly though. This. The Facebook page and this forum are two different things. Both good (imho), but two completely different and unrelated things. There's already a dispute post on the group page Al. Link to comment Share on other sites More sharing options...
supra_24 Posted June 5, 2015 Author Share Posted June 5, 2015 Thanks guys for all your help, most appreciated. PayPal have resolved the dispute now and have emailed me. Just waiting to see if the facebook page dispute can be resolved now hopefully. Mobeen seems to be an alright guy and i have met him person to buy a rear large diff, which went smoothly. So fingers crossed. Regards Ash Link to comment Share on other sites More sharing options...
downimpact Posted June 5, 2015 Share Posted June 5, 2015 paypal found in your favour or said they can't do jack as a gift? Link to comment Share on other sites More sharing options...
Hitbox Junkie Posted June 5, 2015 Share Posted June 5, 2015 Always get confirmations in writing or at least email. Sticky situation you have though. Is it possible for it to be damage in carriage or any way to tell 1 5speed from another apart from marking your own serial on it? Pay pal I believe can't do a lot as it was a gift if he paid it as a gift there was nothing stopping you not sending the box as it was a gift. Good luck though As said before get as much evidence as you can Link to comment Share on other sites More sharing options...
supra_24 Posted June 5, 2015 Author Share Posted June 5, 2015 paypal found in your favour or said they can't do jack as a gift? I sent them info of the transaction. He tried to open a case claiming that he had an unauthorized payment going out of his account, which wasn't the case as he agreed and sent the payment. So they closed the case. I held up my end of the transaction, had everything tested and even helped him try to source a courier as he initially wanted a refund due to not being able to arrange collection and stating no one would help him. So I then went out of my way. So it was a bit up and down to start off with. Link to comment Share on other sites More sharing options...
supra_24 Posted June 5, 2015 Author Share Posted June 5, 2015 Hopefully will all get sorted soon Link to comment Share on other sites More sharing options...
rider Posted June 5, 2015 Share Posted June 5, 2015 First up, Pay Pal sucks. it sucks because they freeze your account at any opportunity, be that because of a customer complaint or because they feel like it because you may be laundering money. I'll repeat it, PayPal suck. The second reason they suck is the fees are ridiculous. Repeating again so hopefully people get the message, PayPal sucks. Onto the problem any goods that are sold do need to be fit for purpose and as described. So if the gearbox is shagged it is down to you and they could sue you for the cost of the gearbox, labour and expenditure in gaining recompense if it ends up in court. You hopefully took down the serial number and some pictures of the box as shipped to ensure they haven't just swapped their old knackered box and claiming it is the one you sent. Also, if you did sell it a sold as seen without any guarantee, basically for spares or repair, then they wouldn't have a leg to stand on. It is a common ploy for car dealers on eBay now to say the car should be purchased on the understanding it is for spares or repair so if it runs, its a bonus. Purely to cover all eventualities. PayPal will close ranks on this and at best will freeze your account and at worst simply refund the buyer. Actually freezing the account can be worse as you see write ups from eBay power sellers who have had their PayPal accounts frozen for months with no one to take to, because its all menu FAQ and email to a different service representative each time loop. I'll repeat again - PayPal sucks. My advice to anyone retailing anything via eBay beyond what you are more than happy to wave bye bye to that payment has to be Cash on Collection, or BACS pre payment or credit card. Credit cards is by far the best approach for anyone buying and a million times better than PayPal sucks. For anyone not set up to take Credit Card payments there is a good outfit SumUp (they are German) who do a pay as you go transaction charge that is much lower than PayPal sucks. With credit card payments you are covered, the customer is covered and PayPal sucks is not in the loop. Link to comment Share on other sites More sharing options...
supra_24 Posted June 5, 2015 Author Share Posted June 5, 2015 I understand where your coming from above. This is why I came on here to ask your guys advice and where I stand. As stated, I had the box running in my car prior to dispatch. It was also tested at whifbitz. After this stage the buyer made the purchase and arranged his own courier and pallet company to collect the item. A week later, he messages me to tell me that it has now completely stopped going into 2nd gear and crunches. Quite strange as it had only been taken off my car fully functional with no tell tell signs or noises etc. The reason why I am standing my ground currently is that I have been advised by majority of people on here so far and others to. If the majority said "hey Ashley, you are totally in the wrong and should refund the buyer" I would say fair enough I put my hands up and do as suggested. A few valid points are that I do not know how it was transported or how it was fitted, for all we know it could have been damaged at this stage. The box showed no signs of being problematic before he purchased. To be missing 2nd now seems odd. Like one of the memebers above stated. When he sold his old supra to the buyer, it was in perfect working order and was tested. After the buyer purchased he travelled half way home and the engine blew. The buyer didn't then argue a refund. Its just one of those things. The buyer has to take some responsibility and he could have easily inspected the gearbox prior to purchase if he had wanted to. He would have been more than welcome to check it over. Link to comment Share on other sites More sharing options...
stevie_b Posted June 6, 2015 Share Posted June 6, 2015 I'm still convinced PayPal will take no action against the OP. I'll bet £100 on it, anyone want to cover the other side of that bet? Link to comment Share on other sites More sharing options...
listy Posted June 6, 2015 Share Posted June 6, 2015 (edited) Firstly, it was not sold via the forum, so the forum will have nothing to do with the dispute on an official basis. Secondly, I know Paul, and know that if the box was not in full working order he would not have been happy with it being sold without telling you of any problems. Something like this is the last thing he would want coming back on the company. Thirdly, my first thought would be that the buyer has removed his damaged gearbox, replaced it with your working box, and may be trying to claim that his damaged box is the one you sold. Therefore, getting a working gearbox for free, and palming his damaged one back to you. (I do not know who the buyer was, and this comment is by no means an attack or accusation) Anything like a gearbox, I would always mark it somewhere subtle, so that if anything like this was to occur, I would be able to identify the box as being the one I sold. Edited June 6, 2015 by listy (see edit history) Link to comment Share on other sites More sharing options...
supra_24 Posted June 6, 2015 Author Share Posted June 6, 2015 Firstly, it was not sold via the forum, so the forum will have nothing to do with the dispute on an official basis. Secondly, I know Paul, and know that if the box was not in full working order he would not have been happy with it being sold without telling you of any problems. Something like this is the last thing he would want coming back on the company. Thirdly, my first thought would be that the buyer has removed his damaged gearbox, replaced it with your working box, and may be trying to claim that his damaged box is the one you sold. Therefore, getting a working gearbox for free, and palming his damaged one back to you. (I do not know who the buyer was, and this comment is by no means an attack or accusation) Anything like a gearbox, I would always mark it somewhere subtle, so that if anything like this was to occur, I would be able to identify the box as being the one I sold. Cheers bud, I agree totally. It was not sold through the forum so the dispute on here I not valid. I was just simply asking to see if anyone would be kind enough to advise me on the current situation. Seems a lot of response was given, which I am grateful for. As said above it seems as though most suggest to stand my ground with the current predicament. Even if the box was marked with writing, it could have been copied and written on another box. Might be me over thinking, but it just doesn't feel right to me. But thanks again guys for your council Link to comment Share on other sites More sharing options...
Tyson Posted June 6, 2015 Share Posted June 6, 2015 Thanks guys for all your help, most appreciated. PayPal have resolved the dispute now and have emailed me. Just waiting to see if the facebook page dispute can be resolved now hopefully. Mobeen seems to be an alright guy and i have met him person to buy a rear large diff, which went smoothly. So fingers crossed. Regards Ash Says it all, he was banned from here for a reason. Link to comment Share on other sites More sharing options...
supra_24 Posted June 6, 2015 Author Share Posted June 6, 2015 Says it all, he was banned from here for a reason. Mobeen isn't the guy I'm in dispute with, just to mention. The guy I'm in discussion with is Martin Ellis, who said he used to be a member here? Do you know of him? Regards Ashley Link to comment Share on other sites More sharing options...
Tyson Posted June 6, 2015 Share Posted June 6, 2015 Ah ok I misread Link to comment Share on other sites More sharing options...
supra_24 Posted June 6, 2015 Author Share Posted June 6, 2015 If you know of the other guy, would be interesting to know. Link to comment Share on other sites More sharing options...
Tyson Posted June 6, 2015 Share Posted June 6, 2015 Closing this thread as it is not a club matter Link to comment Share on other sites More sharing options...
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