PayPal dispute from buyer, ACK; update 2-7-10; update 2-23-10

[cuterlt]

Just a small update - she has filed a chargeback with her credit card company. So I sent everything to paypal (again) including some email conversations with the detective investigating the case in her town. Hopefully the credit card company will find in my favor. Paypal's site says if I used proper mailing procedures, they will protect me. We'll see how that goes. I did talk to someone with USPS about the mail fraud thing, and have submitted that, but they said I will probably be out of luck because I didn't purchase insurance.
Thanks for all your support.

 

[OceanAnnie]

Just a small update - she has filed a chargeback with her credit card company. So I sent everything to paypal (again) including some email conversations with the detective investigating the case in her town. Hopefully the credit card company will find in my favor. Paypal's site says if I used proper mailing procedures, they will protect me. We'll see how that goes. I did talk to someone with USPS about the mail fraud thing, and have submitted that, but they said I will probably be out of luck because I didn't purchase insurance.
Thanks for all your support.

Glad to see the update! I hope everything goes your way.

 

[a1tinkfans]

Glad to see the update! I hope everything goes your way.

Hang in their OP, I hope it all works out. Some people, like you Buyer are SAD, pieces or work

Pixie dust your way......

 

[DISdreamin']

I did talk to someone with USPS about the mail fraud thing, and have submitted that, but they said I will probably be out of luck because I didn't purchase insurance.

Why? Mail fraud is mail fraud. How could insurance or the lack of change that?

 

[kaytieeldr]

Unfortunately, almost everything I've Googled on mail fraud makes it appear the laws are for the benefit of the buyer/victim, not the seller.

One interesting - and ideally, applicable - piece of information was located on a law firm's website (link available via PM on request - I don't want anyone to think I'm shilling for a lawyer):

Title 18, United States Code, Section 1341, is titled Frauds and Swindles, and it is commonly referred to as the “mail fraud” statute. Title 18, U.S. Code, Section 1341 reads as follows (in summary):

MAIL FRAUD DEFINITION AND PUNISHMENT​

Whoever

1) having devised, or intending to devise any scheme or artifice to defraud,
or
2) for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan…
3) something of value or some item…and
4) places in any post office or authorized depository for mail matter
5) any item to be delivered by interstate carrier

shall be fined …or imprisoned for not more than 20 years, or both. Unfortunately, number four then seems to preclude protection for the seller.

The OP may need to contact the police and the Attorney General in the buyer's state/location. If I'm reading this correctly, it's not mail fraud but it IS theft.

 

[antree]

A few years ago I had a problem with a $170 flute I sold. They said they never received it. I had all kind of proof that I mailed it but no insurance. Paypal froze my acct and took whatever money I had left in it. 3 years later my DH opens another paypal acct. under his name. Well about 2 yrs into that acct. Paypal hooked up our old acct with our new acct and froze our new acct until we paid the old acct off.

I was so mad. I lost out on the flute and then the money. I stopped selling after that.

 

[SandrA9810]

I don't see the big deal on the insurance. I sent Disney Dollars to some one recently, and they told me the max amount of insurance for a gift card is 15$. I spent the little extra, just incase. But I was sending 50$... what good would it do for a large amount like that?

 

[disneymarie]

Well she posted on the original claim/dispute that she does not know the person who picked up the package and still has the original slip left by the PO. She posted that she thinks the post office is in on the fraud. The thing that is hinky to me is she NEVER contacted me and let me know she didn't receive the item. She just filed a paypal complaint against me. And now another complaint. I didn't think about demanding that she return the item. I'm sure she'll claim that she doesn't have it, of course.

This sounds like something the local police dept may be interested in, as a fraud. Based on the postal employee statements and your documentation. We had a local couple busted for a scam with EBAY two years ago. It was a huge thing. It started with a dispute filed for not receiving the items, and really escalated.

If you are interested in more info on the couple, I am a private investigtor and can do a skip trace on the two names to see what comes up.PM me if you do.

 

[Leajess99]

I don't see the big deal on the insurance. I sent Disney Dollars to some one recently, and they told me the max amount of insurance for a gift card is 15$. I spent the little extra, just incase. But I was sending 50$... what good would it do for a large amount like that?

I thought you could not place insurance on money or that?? I can see a gift card as it is traceable but money and Disney dollars are not money.

 

[cuterlt]

Just another update, paypal found in my favor on the chargeback on her credit card because I followed the guidelines of the seller protection policy. Finally my account is not in the negative! It has been so difficult - no selling, no buying, no doing surveys. I am very hopeful that this is the end of it.
Is there anything more the buyer can do?

 

[horseshowmom]

Hooray! Glad to hear that common sense prevailed for a change!

 

[Green Tea]

Just another update, paypal found in my favor on the chargeback on her credit card because I followed the guidelines of the seller protection policy. Finally my account is not in the negative! It has been so difficult - no selling, no buying, no doing surveys. I am very hopeful that this is the end of it.
Is there anything more the buyer can do?

Hopefully it is the end of the scam for that buyer. I wonder if though while Paypal protected you, if the thief still got a refund from her bank. Im glad you came out on top, and I hope the police knock on her door.