Trying to recoup my item or my money

[ckcc]

It's a long story but a buyer  has my item and  my money and it is a fairly decent amount.  As the result of  a claim, Ebay ruled in my favor.  She escalated it to her bank via Paypal and after 3 MONTHS I was just notified that the bank ruled in her favor and refunded her money. Not to mention the claim fee.  AS I said she now has the item and my money. I feel as if I have been robbed and don't know what to do. I have emailed the buyer who has not responded and talked to Paypal who is going to do absolutely nothing! Short of my attorney and the Attorney General, I am lost as to a solution to getting my money or item back.  Furious!!!

[lacemaker3]

@ckcc, I'm sorry this happened to you, but I'm afraid that your only recourse at this point is to talk to a lawyer, and find out if there is any recourse.

I think that your best option might be mediation, to try to get the buyer to agree to return the item. Unfortunately, the chances are that the buyer is not obliged to do anything at this point, because they haven't done anything wrong. I do understand that you feel wronged, but don't blame the buyer because you need to persuade the buyer to work with you, you can't force them.

[tools*]

Walk away from your PayPal account.

[ckcc]

Thank you. I appreciate your comment but the buyer was abusive to me and made a fake claim to Ebay and Paypal that the item was fake when indeed it was not. She just didn't want it which she tried in the first round of claims. It was listed with all the necessary authenticity documentation.  The bid was over $400 so you can see why I am so angry. I will do what it takes with attorneys even if it ends up costing me money. I have had it with Ebay and Paypal and I will be DONE after this fiasco. Just a senior trying to make a ew extra dollars.

[dnasilver]

Law enforcement handles theft and fraud cases. If your sale was across state boarders then it becomes a federal case. Does your documentation prove this person stole or committed fraud against you? 

[tdumonde2014]

Did the buyer attempt to return the item?

[katzrul15]

Welcome to my world.

 I have decided there are only 2 phases of the e-bay Sellers' realm - denial or acceptance.  I had to morph into acceptance this week or let the anger take over.

I take it you cannot appeal paypal's decision?

Hate to be the one to type this - but you will get no where with the AG's office, etc.  In fact, if it is determined (right or wrong) it is "classified" as a fake, the item could be seized anyway.  (I do understand that you indicate it was not)

So very sorry you lost this with Paypal and every sorrier to hear it took 3 months to resolve.  That is a really long time for a CC chargeback to reach resolution.  Have you at least called Paypal to see if you can Appeal this at all?  (understand that is a slim chance, but for $400, I would on the phone with Paypal vs typing here)

[kensgiftshop]

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@ckcc wrote:

Thank you. I appreciate your comment but the buyer was abusive to me and made a fake claim to Ebay and Paypal that the item was fake when indeed it was not. She just didn't want it which she tried in the first round of claims. It was listed with all the necessary authenticity documentation.  The bid was over $400 so you can see why I am so angry. I will do what it takes with attorneys even if it ends up costing me money. I have had it with Ebay and Paypal and I will be DONE after this fiasco. Just a senior trying to make a ew extra dollars.

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Sometimes it's better to just accept the return, get the item back and resell it.

[joseh1445]

Ask the buyer to return the item, within 1 week or 2.  Let them know, that if you don't receive the item back within the time frame, that you are going to file a Police Report for Theft.  Be polite, but firm.  And follow thru with filing a theft report.  

Good luck

[kensgiftshop]

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@joseh1445 wrote:

Ask the buyer to return the item, within 1 week or 2.  Let them know, that if you don't receive the item back within the time frame, that you are going to file a Police Report for Theft.  Be polite, but firm.  And follow thru with filing a theft report.  

Good luck

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The OP had a chance to get the item back, the first time they filed for a return.

How would it be theft, the buyer tried returning it, the seller refused.

[dentalrprtek2012]

Have the same issue on a 3800.00 item. Mine was thru eBay pay not PayPal but the same outcome. The buyer lied about delivery date to back up to 30 day guarantee and that did not work So they went to bank and claimed not as described. eBay claimed they put together a case and sent to bank would not tell me who the bank was and would not show me went they sent in my favor. Bank sided with the buyer and eBay sent full refund no questions asked. Now eBay won’t even respond to me. Buyers are always right with eBay and they don’t care what it does to the seller. Good luck.

[dentalrprtek2012]

eBay is even worse

[ckcc]

My original documentation to PayPal does state that I have not received the item. It probably doesn't prove it.

[ckcc]

No. She did not attempt to return it.

[ckcc]

Oh yes. I have been on the phone to PayPal twice only to be told " There is nothing we can do. The case is closed."