10-23-2019 08:24 PM
Please be careful when selling Gift Cards on eBay. Pay Pal does not protect Gift Card sales at all. A Buyer can receive and use your gift card and then file a claim with Pay Pal saying that the purchase was unauthorized. There is nothing you can do about it, even if you have the tracking numbers. So the buyer gets their money back plus your gift cards and the seller gets nothing. Pay Pal is basically enabling scammers and they don’t seem to care because in the end they still keep their fee. This happened to me today. I am taking action in small claims court because Pay Pal has offices in my state but wanted to warn others especially with the Holiday Season coming up.
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10-24-2019 11:34 AM
@trailsupplyco wrote:I am taking Pay Pal to court because I provided them with the tracking number, the conversation with the buyer, proof of purchase, time stamped photos, and they still sided with the buyer that scammed me. Pay Pal is at fault ultimately for allowing this to occur. I was never made aware that they don't cover gift cards, I was allowed to post the gift card and select pay pal as a payment option and there was no disclosure of anything. I was under the impression to eBay and Pay Pal were safe and secure and would protect me and I was clearly wrong.
I work in the legal department of a company. You are wasting your time. For the amount of effort you will spend fighting this your time lost will greatly exceed the $60 if you win.
And in my experience, winning doesn't mean collecting. We've been trying to collect on a 25K judgement for a couple of years but the corporation drained it's assets and cried broke before the judgment so although we wasted 3 years of our time to win, we're still losers.
Forget about this and just move on.
C.
10-24-2019 11:35 AM
Is this for the sixty dollar gift card?
10-24-2019 11:37 AM
@trailsupplyco wrote:I do have a case and I am on my way to file it right now. I have been to Small Claims court around 10 times in my life and I have lost 0 times but thanks for your input. Pay Pal is aiding and abetting scammers.
And how many hours of your life did you waste for this to collect how many dollars?
I get that sometimes we need to go to small claims court to get things like unpaid rent or utilities, or repayment of a loan. Judge Judy airs daily with these types of cases for small amounts of money (but the amounts are big enough to make it worthwhile to file a claim).
In my jurisdiction it's $75 to file a claim, and a minimum of two full days off of work with court appearances before you can get a judgment. More appearances may be necessary. I get paid way too much at my job to be in court for pennies unless I'm representing my company and being paid to be there.
C.
10-24-2019 11:45 AM - edited 10-24-2019 11:47 AM
@trailsupplyco wrote:I do have a case and I am on my way to file it right now. I have been to Small Claims court around 10 times in my life and I have lost 0 times but thanks for your input. Pay Pal is aiding and abetting scammers.
I'm sorry you got scammed and understand your feelings of outrage.
"Effective Date: Nov 19, 2016
6. PayPal seller protection
Section 11.10.a is amended in order to outline that the following items/transactions/cases will always remain ineligible for PayPal seller protection, unless otherwise agreed in writing with
PayPal:
1. Items equivalent to cash (including, without limitation, stored value items such as gift cards and pre-paid cards )"
What would you sue for? To change paypal policy?
In a case like this, If it’s a business, you file in the state/county in which the business itself or its registered agent is located.
10-24-2019 12:25 PM
In Small Claims Court you can only sue for monetary compensation which is what I am doing. It is a very easy process. Pay Pal has a huge building in NYC which is my jurisdiction and the Notice of Claim has been sent there. I am not going to get into any further details about the case since I just filed it.
10-24-2019 12:29 PM
Im confused. Are you suing Paypal? Because I thought you had to be in the buyers juristriction to file in small claims court?
10-24-2019 12:33 PM
10-24-2019 12:35 PM
@bonjourami wrote:Im confused. Are you suing Paypal? Because I thought you had to be in the buyers juristriction to file in small claims court?
He's not suing the buyer; he says that he's suing PayPal, which is in his home state.
I thought we agree to arbitration when signing up for eBay and PayPal, but it's been years since I signed on, so maybe that's changed, or else I'm thinking of eBay only...
10-24-2019 12:39 PM
oh boy...
10-24-2019 12:45 PM
@trailsupplyco wrote:In Small Claims Court you can only sue for monetary compensation which is what I am doing. It is a very easy process. Pay Pal has a huge building in NYC which is my jurisdiction and the Notice of Claim has been sent there. I am not going to get into any further details about the case since I just filed it.
I am intimately familiar with small claims and you have no case against paypal given their policy.
The magistrate would see right thru this and ask-"are you aware that paypal doesn't offer protection to you per their policy, for selling gift cards?"
No? Case dismissed. Yes? case dismissed.
You do have a potential case against the buyer that scammed you, but you would have to prove that they did scam you. That's who you need to go after.
Good luck.
10-24-2019 01:46 PM
Pay Pal has offices in my jurisdiction NYC and yes I do have a case. I did my part as a seller and provided proof of delivery. I am not speaking about it anymore because I have already filed my claim. Thank you all for your support.
10-24-2019 03:20 PM
@trailsupplyco wrote:Pay Pal has offices in my jurisdiction NYC and yes I do have a case. I did my part as a seller and provided proof of delivery. I am not speaking about it anymore because I have already filed my claim. Thank you all for your support.
Please get back to us on December 11 and let us know how it went.
12-10-2019 03:09 PM
@trailsupplyco wrote:Pay Pal has offices in my jurisdiction NYC and yes I do have a case. I did my part as a seller and provided proof of delivery. I am not speaking about it anymore because I have already filed my claim. Thank you all for your support.
So, today was the big day in court. How did it go?
12-10-2019 03:34 PM
He'll probably win a judgement, because for $60, paypal is not going to send the Janitor there, much less an attorney.
12-10-2019 05:57 PM
@corvettestainless wrote:He'll probably win a judgement, because for $60, paypal is not going to send the Janitor there, much less an attorney.
Winning the judgment doesn't mean he'll get paid. He will need to enforce the judgment which costs time and money. I have a judgment for 28k against a corporation and can't collect on it.
C.