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    Small Claims Court Question

    Just had a question for people who have had experience. Long story short a buyer on ebay has done a CC chargeback even though she is now happily sitting with the item i sent.

    Anyway the ebay and paypal account both belong to my brother, my question is can i be the one who takes her to SCC or does it have to be my brother, who owns both accounts?

    28 Comments

    Your brother technically made the deal so it has to be him that claims

    Original Poster

    that sucks he doesn't want to do it, oh well, ill do the hard work for him then

    Banned

    out of interest, how do you know she has the item?
    what was the reason for the chargeback?
    how much is it for?

    We used the Money Claim online system and it eventually ended up in court. The court room was actually about the size of a small office with a few chairs. Was very easy, shame he's not up for it.

    Did he say why?.

    If it was a chargeback submitting Proof of Postage would have been enough for you not to lose the money.

    Banned

    If it gets to court you can ether be his lay representative and do all the talking and present the case... or...you can go with him as a Mackenzie friend and help him with his presentation of the evidance.

    Supermod

    Due to the rules relating to privity of contract it has to be your brother. You could however "take charge" and you would therefore be the McKenzie friend of your brother.

    Supermod

    Oh, hang on, I misread your opening. Are you saying you concluded the deal with your account? There might be issues here with consideration. The general rule is that consideration must move from the promisee.

    Banned

    magicjay1986

    Due to the rules relating to privity of contract it has to be your … Due to the rules relating to privity of contract it has to be your brother. You could however "take charge" and you would therefore be the McKenzie friend of your brother.




    a Mcakenzie friend does not take charge they assist the litigant in person with such things as taking notes, finding evidence and other paper work to pass to the litigant in person and may quietly provide advice.

    Banned

    Do you have a case that you are likely to win? Just saying she did a chargeback and she has the item is not enough. You are covered 'usually' by paypal protection from chargebakcs if you sent to the paypal address and had proof of delivery, if you didn't then why would a court see anything different?

    Just don't want you wasting the time and money if you are unlikely to succeed, maybe post the long version for more info.

    Konimitsu, if it was a chargeback he only needs proof of postage then paypal will pay the money back out its own pocket.

    Banned

    gavjbrown

    Konimitsu, if it was a chargeback he only needs proof of postage then … Konimitsu, if it was a chargeback he only needs proof of postage then paypal will pay the money back out its own pocket.



    are you sure about that? Got a link to the part of the rules that say they will please as I've never known that to happen.

    Banned

    colinsunderland

    are you sure about that? Got a link to the part of the rules that say … are you sure about that? Got a link to the part of the rules that say they will please as I've never known that to happen.



    Yes I am sure....if you are a paypal member you only need to look at your terms, here we go....

    11. Seller Protection Programme


    11.1 What is PayPal seller protection?

    We will re-imburse you an amount for Claims, Chargebacks, or Reversals made against you based on the following reasons:

    1. A Chargeback or Reversal was issued against you for the reason of an “Unauthorised Payment”; or
    2. A Chargeback or Claim was issued against you for the reason of “Item Not Received”.

    where PayPal receives from you proof that the item was posted or delivered in accordance with the requirements set forth below, subject to the further provisions of this section 11 (including, without limitation, the Eligibility Requirements at section 11.6).
    11.3 How much protection is provided by PayPal seller protection?

    PayPal will pay you the full amount of an eligible payment the subject of the Claim, Chargeback, or Reversal and waive the Chargeback Fee, if applicable. There is no limit on the number of payments for which you can receive re-imbursement under PayPal Seller Protection.

    Back to me....This will not apply to everything as some items are not covered period ie motors and some other categorys hence I said on my post 'usually', some situations may not be covered but as long as you do as Paypal say and keep yourself safe then you are covered.

    I am useless at making links i'm afraid but the full terms are here and just check your seller protection.

    cms.paypal.com/uk/…_GB
    Edited by: "konimitsu" 24th May 2011

    "where PayPal receives from you proof that the item was posted or delivered"

    They make ask for proof of delivery.

    Banned

    konimitsu

    Yes I am sure....if you are a paypal member you only need to look at your … Yes I am sure....if you are a paypal member you only need to look at your terms, here we go....



    thanks for that, although it only applies to unauthorised transactions, not if the chargeback was for item not recieved or if it wasn't posted within 7 days for those you need proof of delivery.

    Banned

    Follow the seller protection guidelines and you will be covered for all events thata re eligible ie chargebakcs, items not received etc. Proof of postage is just that, proof of delivery is the best and only option that I use.

    khy86

    that sucks he doesn't want to do it, oh well, ill do the hard work for … that sucks he doesn't want to do it, oh well, ill do the hard work for him then



    Too bloody right mate, cheeky bitch

    jonny619447

    Too bloody right mate, cheeky bitch



    Why should he?

    thesaint

    Why should he?



    Well if he can get it back from paypal thats something, but its still fraud. And its in all honesty a **** liberty

    Supermod

    slamdunkin

    a Mcakenzie friend does not take charge they assist the litigant in … a Mcakenzie friend does not take charge they assist the litigant in person with such things as taking notes, finding evidence and other paper work to pass to the litigant in person and may quietly provide advice.



    I am well aware what a McKenzie friend does which is exactly what I mean by "taking charge".

    They provide guidance to the litigant in person.

    You never answered the question why did she do a chargeback ?

    Original Poster

    oops i fell asleep before the replies and have been working since morning, anyway heres the situation:

    I sold item on ebay for ~180, 2 days later unauthorised transaction comes through from buyer. She then replies on ebay saying item didn't work and she sent it back. Nothing received back i used that as proof she authorised the transaction and i won via paypal.

    Now couple weeks back she has done a chargeback via credit card, which unfortunately for me was Australian dollars i think. Now my paypal account is in negative balance and i know it will go against me as paypal suck when it comes against banks.

    The plan is if she wins, i take her to court but obviously only if i can.

    Banned

    is she in australia? if not why was it not in uk£?
    do you have proof of delivery? ie from courier/royal mail?
    as long as you have followed the seller protection rules paypal should pay you back, if they don't ring and ask why.

    Original Poster

    colinsunderland

    is she in australia? if not why was it not in uk£?do you have proof of … is she in australia? if not why was it not in uk£?do you have proof of delivery? ie from courier/royal mail?as long as you have followed the seller protection rules paypal should pay you back, if they don't ring and ask why.



    Reading other replies on the net with regards to chargebacks they hardly ever go in favour of seller. I followed the seller protection to the book and have kept all messages she has sent me. Now im £180 down and been without ebay/paypal for 3 weeks.

    I imagine it was part of the scam to use a foreign credit card, clearly fraud imo

    Banned

    If the credit card was confirmed to the address then you should not have any problem as long as you have proof via courier etc as has been said.

    If it was a charge back for item not as described then she needs proof that she returned the item to you.

    Australian dollars one is throwing me, how do you knwo it was Australian dollars? Was this listed on Australia ebay? If not and it was ebay uk then the currencey is sterling and you would have been paid in gbp£ not dollars, you can only be paid in dollars if you request it but you need to send a seperate paypal invoice to do so. A little puzzled now by this, she has a confirmed UK address you sent to? Yes or no, some items can be partially eligble for seller protection.

    Good luck

    Banned

    khy86

    Reading other replies on the net with regards to chargebacks they hardly … Reading other replies on the net with regards to chargebacks they hardly ever go in favour of seller. I followed the seller protection to the book and have kept all messages she has sent me. Now im £180 down and been without ebay/paypal for 3 weeks.I imagine it was part of the scam to use a foreign credit card, clearly fraud imo



    possibly but you should still win. Why won't you answer if you have proof of delivery though? Its been asked enough but you don't seem to have answered

    Original Poster

    Yeah it was a confirmed address and i had full seller protection. Chargeback reason is unauthorised transaction and it says AUD which is Australian dollar

    Banned

    khy86

    Yeah it was a confirmed address and i had full seller protection. … Yeah it was a confirmed address and i had full seller protection. Chargeback reason is unauthorised transaction and it says AUD which is Australian dollar



    you may have a problem with small claims
    proof of delivery?
    have you done any checks to see if the person you sent to is the same as named on the paypal account, and electoral role checks etc?

    Original Poster

    colinsunderland

    you may have a problem with small claimsproof of delivery?have you done … you may have a problem with small claimsproof of delivery?have you done any checks to see if the person you sent to is the same as named on the paypal account, and electoral role checks etc?



    I have proof of delivery yes and it was signed by the named person who i was supposed to send it to. Also knowing someone who has a 192.com premium account came in handy and i have confirmed her address
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