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Buyer has received item, threatening to return unless I refund a portion of winning bid.

I sold a rare collectable on Ebay to pay for a trip to see a family member in an emergency. It was bad enough as a first time seller I was not adequately informed of a 21 day hold on my Paypal funds (Which my State AG says violate wire transfer laws). But now the buyer does not like the condition of the heavily discounted item. I stated that it was used and has some scratches in the item description. New the item is $1500, the buyer won the auction at $650. He says unless I give him $150 back he will return the item to me and I will be forced to refund the entire amount. I feel like I am being extorted. No "real" auction house would do this! All sales are supposed to be final. I feel that he is going to keep lowballing me until I have no money left and he can hold my item hostage, while Paypal holds my funds hostage. WHAT DO I DO!. Ebay has said they will reduce the hold to a few days, but what if he files a complaint! 

Message 1 of 57
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56 REPLIES 56

Buyer has received item, threatening to return unless I refund a portion of winning bid.


@desertsoldier22 wrote:

Im kinda hoping to fight this in court, maybe we can get a real ruling instead of a class action hand slap.

Ever since this started I have wonder how a company can legally get away with these things, indefinte wire holds, forcing refunds, allowing buyers (who pay nothing to ebay) to have a say over sellers. I will personally end this.


Best of luck with that...

Message 16 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.

It will change if I have their CFO in chains sitting in a Texas jail. Their data and collections center is in Austin. Paxton has already warned them, and sued them and won. Then they split Paypal off to play games with the settlement. This time it will be criminal charges

Message 17 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.

Lots of current and former Federal employees here.  Don't mean a thing.

 

Tell your buyer 'Return For Refund'.

 

 


Forget keeping up with the Joneses. Be the Finklegrubers!
OK kids, time to get the Dodge loaded up again. I hear 'Poppy's By the Tree' calling. This trip might be a long one too.
Message 18 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.


@desertsoldier22 wrote:
It will change if I have their CFO in chains sitting in a Texas jail.

 


 

 

 

....

 

 

 


Forget keeping up with the Joneses. Be the Finklegrubers!
OK kids, time to get the Dodge loaded up again. I hear 'Poppy's By the Tree' calling. This trip might be a long one too.
Message 19 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.

Might have been a good idea to read the eBay and PayPal user agreements BEFORE you sold your item. I assume you've read them now? If not, it might be worth your while to do so. These are the policies you agreed to when you chose to sell an item on eBay. And now you're complaining? Please.

 

Paying particular attention to "11. Holds."

 

https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259

 

and, paying particular attention to "Restricted Activities & Holds/Holds, Limitations, and Reserves/Holds/Holds based on PayPals risk decisions

 

https://www.paypal.com/us/webapps/mpp/ua/useragreement-full

 
 
Message 20 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.

User agreements due not supercede Federal and State Laws. 

Message 21 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.


@desertsoldier22 wrote:

User agreements due not supercede Federal and State Laws. The EULA can eat a turd.


Please, tell us which state & federal laws ebay & Paypal are violating? Be specific.

(This should be good.)

Message 22 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.

The last Texas suit was regarding clear information on hold policy that must be revealed in plain langauge before a transaction can be intiated. The other is a 24hr limit on wire transfer holds the is part of the terms of Paypal's Texas wire transfer license. In California it is 10 days. As a licensed wire transfer company Paypal must follow these laws.

Message 23 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.


@desertsoldier22 wrote:

The last Texas suit was regarding clear information on hold policy that must be revealed in plain langauge before a transaction can be intiated. The other is a 24hr limit on wire transfer holds the is part of the terms of Paypal's Texas wire transfer license. In California it is 10 days. As a licensed wire transfer company Paypal must follow these laws.


I gave you links to the "clear information on hold policy that must be revealed in plain language . . . " Did you read it? Can't get much clearer than this:

 

Holds based on PayPal’s risk decisions

We may place a hold on payments sent to your PayPal account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your PayPal account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements.  We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties.  When we place a hold on a payment, the funds will appear in your PayPal account with an indication that they are unavailable or pending.  We’ll notify you, either through your PayPal account or directly by phone or email, whenever we place a hold.  

 

Risk-based holds generally remain in place for up to 21 days from the date the payment was received into your PayPal account.  We may release the hold earlier under certain circumstances (for example, if you’ve uploaded shipment tracking information related to the transaction), but any earlier release is at our sole discretion.  The hold may last longer than 21 days if the payment is challenged as a payment that should be invalidated and reversed based on a disputed transaction as discussed in the following paragraph below.  In this case, we’ll hold the payment in your PayPal account until the matter is resolved (but no longer than 180 days)."

Message 24 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.


@desertsoldier22 wrote:

The last Texas suit was regarding clear information on hold policy that must be revealed in plain langauge before a transaction can be intiated. The other is a 24hr limit on wire transfer holds the is part of the terms of Paypal's Texas wire transfer license. In California it is 10 days. As a licensed wire transfer company Paypal must follow these laws.


Oh, and, by the way, you do realize that funds transferred between eBay sellers and buyers via PayPal are not wire transfers, don't you? Because your comments lead me to believe you think they are wire transfers. They are not. They are electronic funds transfers. Different animal. So good luck with your lawsuit. 

Message 25 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.

California Code, Civil Code - CIV § 1750 California Code, Business and Professions Code - BPC § 17200 Texas Money Transmitter regulation and licensing §151.703.  Suspension and Revocation of License. Misleading advertising, failure to disclose in plain langauge at time of agreement verbally or singularly, failure to transmit funds in a reasonable time frame.

 

Paypal Texas Money transmitter license number is 2305

17th July 2006

 

 

Paypal is the same as Western Union as far as these states are concerned. If WU cant hold funds over 24hrs, neither can Paypal.

Message 26 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.

Oh really? Then why does Paypal have a money transmitter license in every state.

http://www.screw-paypal.com/resources/state_licenses.html#texas

Message 27 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.


@desertsoldier22 wrote:

California Code, Civil Code - CIV § 1750 California Code, Business and Professions Code - BPC § 17200 Texas Money Transmitter regulation and licensing §151.703.  Suspension and Revocation of License. Misleading advertising, failure to disclose in plain langauge at time of agreement verbally or singularly, failure to transmit funds in a reasonable time frame.

 

Paypal Texas Money transmitter license number is 2305

17th July 2006


Why is it you think California statutes are going to have jurisdiction in a Texas case? You're a Texas citizen, right? You need to be citing the laws in Texas, not California.

 

Please tell me you're not going to represent yourself in your lawsuit. 

Message 28 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.

EFT's are covered under TX 151 along with wire transfers. They are treated the same.

Message 29 of 57
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Buyer has received item, threatening to return unless I refund a portion of winning bid.

The origination of the transaction was in Texas, the hold was placed by a California company on an Austin server. Dont worry my friends are getting the FTC and SEC involved for violating Federal Banking laws on accruing interest on held funds without an FDIC certification. It really wont matter what state it was in. The victim was in Texas, and the funds were held in Texas.

Message 30 of 57
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