Paypal screwed me! UPDATE MARCH.11 2008, A NEW COLLECTION AGENCY IS CALLING!

[rodeojones903]

Hehe, that is code for "You better send us our money now or we'll ...well we'll sell the debt to another collection agency and then whenever they get around to it they will call you and ask you to pay them!" LoL... I had something similar happen to me and you should know that debt collectors will try desperately to intimidate you into cracking. It sounds like you have a pretty solid court case so when they call to harass you, tell them that. Just say, "Hell yeah, let's go to court." 5 to 10 years later they might get around to it.


And for that 5 to 10 years its fucking up your credit.

[Ub3rChief]

A quick word about collection agencies - they're ruthless.

They'll go after you for any amount of money. Shoot, they even took my uncle to court over a little under $75 that he didn't even owe them (they ended up losing anyway).

[magiic]

Ya Im not looking forward to dealing with collections.

[Darkpaul]

Times like this, I wish there was a few "friends", ya know? Who could "talk" with this son of a bitch. I'm sure he'll listen to reason.

And if you still don't get it, the quotes mean "ass" and "kick".

:)

[Roufuss]

OP, read up on the rules collection agencies MUST abide by.

They can't call before or after a certain time, things like that, and if they do break these rules, it's considered harrassment, and you can get your entire debt thrown out.

[magiic]

Times like this, I wish there was a few "friends", ya know? Who could "talk" with this son of a bitch. I'm sure he'll listen to reason.

And if you still don't get it, the quotes mean "ass" and "kick".

:) I was tempted to try the craigslist idea... your idea would be cool too. I know no one in Florida though :(

@roufuss thanks for that tip Im going to look those up now so I can be ready :)

[Kfoster1979]

OP, read up on the rules collection agencies MUST abide by.

They can't call before or after a certain time, things like that, and if they do break these rules, it's considered harrassment, and you can get your entire debt thrown out.

8am to 9pm.. As far as getting it trown out thats a whole diffrent story you have to prove that a collection agency is truly harrassing you. I have worked at one for about 6 years now as a analyst. If you have any qustions about how to deal with them or what they can and cant do just ask.

[magiic]

8am to 9pm.. As far as getting it trown out thats a whole diffrent story you have to prove that a collection agency is truly harrassing you. I have worked at one for about 6 years now as a analyst. If you have any qustions about how to deal with them or what they can and cant do just ask.

Tell me anything and everything you can that may be of use to me, either here or in PM. I would appreciate it immensely :)

[Kfoster1979]

Tell me anything and everything you can that may be of use to me, either here or in PM. I would appreciate it immensely :)
First let me say there are a ton of myths out about what can and can not be said or done by a collection agency. To start most will sue and the reason for that is they buy the debt cheap a few cents on the dollar some one said they owed 75 bucks I bet they bought it for around 1.75. Things you can do if they call you can tell them not to call your Cell or work number and they can never call there again. Don’t let them try to say they are taking you to court unless they can proved information on who will be the attorney or a court date it is illegal to say they are going to sue if they have no intention on sueing you (how ever they can have intent with out telling you we mark some accounts a suit eligible and that is more then enough to satisfy regulations). If you know you owe the money really pay it back fast again they buy it cheap so they will cut you a deal I have seen 20k accounts paid out for 8k and make sure they proved you documentation that it has been paid off so you can have it just incase. Most will do payments but you get a better deal if you’re wiling to pay it off in 1 or 2 payments. This is just a really basic info I can go more in depth if you would like just let me know. Honestly talk to a agent like a car salesman negotiate with them it works.

[dragonreborn23]

And for that 5 to 10 years its fucking up your credit.

That is true, but there is also a statute of limitations on this kind of thing as well. I'm living pretty comfortably with less than perfect credit. I'm able to get credit cards, open bank accounts, rent an apartment, etc. They haven't garnished my wages or anything yet either. Maybe they will, maybe they won't. I'm just saying there are other options aside from bending over.

[Kfoster1979]

That is true, but there is also a statute of limitations on this kind of thing as well. I'm living pretty comfortably with less than perfect credit. I'm able to get credit cards, open bank accounts, rent an apartment, etc. They haven't garnished my wages or anything yet either. Maybe they will, maybe they won't. I'm just saying there are other options aside from bending over.
.They can try to collect forever there is no limitation on how long they can try to get moeny from you. It will come off your credit after 7 years after its been closed and paid off. Dont get me wrong you can have less than perfict credit and still get good intrest rates and loans and Credit cards.

[schuerm26]

All I can tell you is this. DO NOT F**K UP YOUR CREDIT OVER THIS! When you get a little bit older you will find out that good credit is pretty much the most important thing you can have. KEEP IT GOOD!!!

If you screw up your credit it will take a long time to restore it. If you want to buy a house, car, whatever you will be hurt by having low credit.

If I were you, I would call paypal and work out a monthly payment plan. You do NOT want to screw up your credit over this. As if your credit gets screwed, it will just make a lot of things harder for you down the road.

[magiic]

If by some chance this actually went to court based on my story what would my odds of success be?

[happy]

I'm somewhat curious how the case would work in court, since the collection company merely bought the debt from paypal, if you claim that the debt is unjust what can the collection company do, since your defense is against paypal.

I think the fact that you do not have the ps3 would go a long way along with the fact that you had the postage insurance and the buyer never used it.

What I am curious about is if you settle with the collection company paypal should need to give you the ps3, as I presume it also means the buyer has gotten his refund?

Any lawyers/collection company workers understand these things?

[magiic]

yep the buyer has the ps3 and his refund my guess is he doesnt even have the ps3 anymore as he intended to sell it in the first place my guess is when he got it back he just sold it on Craigslist or something for some free cash.

[Kfoster1979]

I'm somewhat curious how the case would work in court, since the collection company merely bought the debt from paypal, if you claim that the debt is unjust what can the collection company do, since your defense is against paypal.
A lot, a debt buyer gets all Arbitration, litigation, and reporting rights to the account. In the courts eyes the Collection agancy is the 1st party no matter where the debt started.

I think the fact that you do not have the ps3 would go a long way along with the fact that you had the postage insurance and the buyer never used it.

This is also true but that is legal qustion, but in my view it seems to be overwhelming evidence in your favor.

What I am curious about is if you settle with the collection company paypal should need to give you the ps3, as I presume it also means the buyer has gotten his refund?

If Paypal sells it they wash there hands of it 100%

[magiic]

well the count down continues, I am going to make sure I have all my paperwork gathered up and organized

[elmyra]

It will come off your credit after 7 years after its been closed and paid off.

That's not true. The entry comes off your credit report 7 years after the date of last activity, whether or not you paid it off. Now, if you don't pay for 6 years and then make a small token payment, you've reset the clock to start counting down 7 years again, because that payment counts as activity. Also, some collection agencies have been known to falsify dates of last activity to keep debts on credit reports past 7 years.

Of course, this applies in the USA, and magiic is Canadian. The laws are likely different there.

[Kfoster1979]

That's not true. The entry comes off your credit report 7 years after the date of last activity, whether or not you paid it off. Now, if you don't pay for 6 years and then make a small token payment, you've reset the clock to start counting down 7 years again, because that payment counts as activity. Also, some collection agencies have been known to falsify dates of last activity to keep debts on credit reports past 7 years.

Of course, this applies in the USA, and magiic is Canadian. The laws are likely different there.


Your right, What I should have said was it will come off after 7 years with no activity but a collection agency can keep trying to make you pay it and still take it to court even after the 7 years. The debt never goes away unless you pay it.

[elmyra]

Your right, What I should have said was it will come off after 7 years with no activity but a collection agency can keep trying to make you pay it and still take it to court even after the 7 years. The debt never goes away unless you pay it.
How long they have to take it to court depends on what state you're in. Every state has a statute of limitations for taking debtors to court - here's a handy table of those limits:

http://budhibbs.com/statute_of_limitations.htm

That doesn't stop many collection agencies from taking them to court after expiration anyway, because the penalties for getting caught are very light, and many debtors won't show up to court (resulting in an automatic win for the creditor) or will accept a deal to repay because they don't understand their legal rights.

You're right, of course, that they can continue trying to collect a debt forever outside of the court system.

[magiic]

almost at the half way mark....I can't believe it's been almost 6 months since that dispute opened

[magiic]

I got a call from collections today. Well actually it was from a gentleman from Quebec who had business to discuss with me regarding case # something something something. I'm positive it's collections as there is no other reason someone from Quebec would be calling and asking for to discuss "important business". Glad no one answered it, we shall continue to ignore calls from them I think for now. See where it goes.

[Caliburn]

All you need to do is avoid answering the phone for the next 7 years and you'll be fine.

As happy and Kfoster said, you should make note that you offered insurance and it was not purchased...hopefully you have a saved file of your ended auction and all activity that's happened so far. It sounds pitifully simple and basic but it's a starting point. If he was indeed from a collection's agency, he'll want something back since he purchased the debt from paypal.

You don't have caller ID? I'd worry if he's akin to a "Legitimate Businessman" from Fat Tony's (http://en.wikipedia.org/wiki/Fat_Tony) troop.

[magiic]

no I have caller ID it comes up on the caller ID as "Quebec" and shows the phone number. Insurance was purchased he stated he did not wish to pursue insurance nor would he cooperate to file insurance as he simply wanted "all his money back". I still have all the e-mails (god bless gmail).

[Caliburn]

His desire to avoid the legitimate, insurance-based route should be a very important part of your admissable evidence when you speak to the collection's agency. His uncooperative response to pursue the insurance method (which is exactly the reason why it was offered!) should account for something.

Sorry that you've gotten something worse than the short end of the stick - it's like you got nothing. Your PS3 is gone and the collection agency will try to squeeze as much money out of you as possible, so it's like you paid to have it stolen. :headache:

Phoenix Wright - where are you?

[magiic]

ya as far as anal reamings go I am taking it pretty fucking deep

Im curious to see what happens if and when they find out I am 17

[naes]

Please do me a favor. Talk to the Quebec collections in Spanish. Please.

[magiic]

I can't speak spanish :(

[slidecage]

I got a call from collections today. Well actually it was from a gentleman from Quebec who had business to discuss with me regarding case # something something something. I'm positive it's collections as there is no other reason someone from Quebec would be calling and asking for to discuss "important business". Glad no one answered it, we shall continue to ignore calls from them I think for now. See where it goes.


i would of picked up and seen who it was,

tell them you dont know english or spanish only hamster and start making sweaking noises LOL

I would pick up the phone, by not answering the phone it might make your look like your up to fraud

[magiic]

what exactly should I say if I answer the phone

[Inf^Shini]

what exactly should I say if I answer the phone

Do what Seinfeld did:
http://www.youtube.com/watch?v=hllDWSbuDsQ

[magiic]

haha I like that

[naes]

Ugh, you always seem to fail slidecage. Quebec speaks FRENCH, not SPANISH.


Magiic, just keep saying "Mi yamo (your name), si."
tell them you dont know english or spanish only hamster and start making sweaking noises LOL

[pimpinc333]

You should update the OP. I would like read the update you posted but not search through 8 pages to find it ;)

[magiic]

I'll post all the updates in the OP after work tonight

[magiic]

I updated the OP, still curious to see what comes of me being under the age of majority.

Also the collections agency in question is the Canadian Branch of NCO Financial Services

[coolsteel]

Man paypal hung you out to dry on this one, even lost a ps3.

[Halo05]

Yeah, I have a feeling that as soon as I finish up all my auction stuff with Paypal, I'm taking my money and closing my account with them. Seems too risky just to make eBay more convenient. I'm just happy that the most expensive thing I sold was like 96 bucks so I don't think I can be screwed as hard.

[johnnypark]

Thanks for the update to the OP.

But damn, this sucks! You have my sympathies.

[RAMSTORIA]

post the guys address

[guinaevere]

I can't speak spanish :(They don't know that. ;)

[Caliburn]

Oh, just answer the phone as if you are your father and somberly tell them that Ryan's deceased. \\:D/

:mrgreen: (It would be awesome if there were no obvious consequences of that, though...)

[magiic]

Oh, just answer the phone as if you are your father and somberly tell them that Ryan's deceased. \\:D/

:mrgreen: (It would be awesome if there were no obvious consequences of that, though...)
haha ya

well so far today no calls from them ,albeit I just got up lol. But no one woke me up saying Quebec phoned again. I guess we shall see what happens when they call again. Im still not sure what I should say.

btw I hope the OP makes it easier for everyone to see exactly what has gone done with out sifting through 15 pages lol

[slidecage]

haha ya

well so far today no calls from them ,albeit I just got up lol. But no one woke me up saying Quebec phoned again. I guess we shall see what happens when they call again. Im still not sure what I should say.

btw I hope the OP makes it easier for everyone to see exactly what has gone done with out sifting through 15 pages lol


I would just say

I sent the game But they say they never got it. I told them to go though the insurance route But THEY REFUSED. I belive since they refuse to do the insurance route this is no longer a matter to me. I sent the game and they had the chance to get their money back though the INSURANCE ROUTE but refused to . There has to be a reason why they refused to take the Insurance route , maybe they knew they would comitted mail fraud if they did this cause maybe they knew they already had the game and was trying to scam me

Since they refused to take the matter though the insurance route. i belive this closed our contract since i sent the game and they refused to do their part therefore i dont owe them anything. If they wanted their money back they could of got it though making a claim with the insurance but refused

--------------------------------------------------------------------------------------------------
Let them know there was a way for them to get their money back but refused to do it and therefore it seemed fishy why if something got lost why they wouldnt Do the insurance route instead of trying to demand money back from the seller

[magiic]

The reason he didnt want to take insurance was because he wanted all his money back. And he was one of the idiots who paid over $1000 for a playstation 3 on ebay ( a 20GB one no less) and planned to resell it for profit. By the time it would of got to him prices were down well below at 800. Insurance would of given him whatever the value on the receipt was. I know he was just trying to get his money back because he could no longer of sold it. He had the receipt for it so not only did he have insurance he could of taken the playstation 3 and exchanged it at Walmart as far as I know.

[M-PG71C]

Damn, that sucks. That's the reason why I never sell on eBay. My deepest condolences. With that said, these guys are going to harass you until they get their money and as time goes by, it is going to get worse. I would try to find a way, unfortunatly, in paying that debt off and then never sell on eBay again.

[jumbo11]

Damn bro, YOU have all his information. YOU know he scammed you. It was all in YOUR hands.

$1000 + PS3, I don't know about this.

I would've notified the police and got all the info from USPS (get the driver's statement on condition of the item at the time of the delivery) right away. I would've threatened the guy with court. PayPal and Ebay are not the authorities here. Now you got some agency on your ass.

If the guy doesn't live far, a little trip in person wouldn't have hurt either.

Just my 2 cents.

[magiic]

Damn bro, YOU have all his information. YOU know he scammed you. It was all in YOUR hands.

$1000 + PS3, I don't know about this.

I would've notified the police and got all the info from USPS (get the driver's statement on condition of the item at the time of the delivery) right away. I would've threatened the guy with court. PayPal and Ebay are not the authorities here. Now you got some agency on your ass.

If the guy doesn't live far, a little trip in person wouldn't have hurt either.

Just my 2 cents.

You probably missed the details buried in here. I live in Canada on the west coast, he lives in the states in Florida on the east coast. The package was sent to him initially via Canada Post, it was returned to me via UPS. As far as threatening court and taking action that way it was kind of hard to do any of that stuff being in another country thousands of miles away.

[jumbo11]

my bad :)

[magiic]

Ok so I had one plan to handle collections for now. Next time they call I am going to request to see all of the claims they THINK they have against me in writing. I don't want to state that I do owe the money. I am simply going to request written records of what feel I am owing on. Is this a smart move, even if it serves no real purpose other than stalling? Is that also the way to word it? Oppinions :)

[Inf^Shini]

Well I'd say anything you try with them will be a gamble, but I don't think it would hurt to try the way things are going. This is a collection agency that will pretty much stop at nothing to collect the money owed.

After a couple months of continuous calls (i.e. Six Months), they will begin to send letters and never let up :roll:

One thing I noticed, since I did end up in the same position as you (but with me it was a xbox 360 I got scammed out of), I continued to ignore them for almost TWO years :lol:
I forget what happened exactly since I blocked out all the :bs:that happened with them, but I ended up paying them a smaller amount than I originally owed. They, in turn, pulled a fast one and had me paying the rest of the original debt under the premise that I would be fine if I just payed them the "settlement amount":headache:

FYI it was NCO Financial services came after me too. I think they're a part of Ebay like paypal is :roll:

[briansraregames]

I feel so horrible for you Majiic. This is total crap what you're being put through. Anybody want to start a "Save magiic's credit rating" fund? I got $20 I'm not using.

[magiic]

haha I appreciate the gesture but I dont think you guys need to be helping me pay a debt of over $1000. I can afford to pay the debt (I'm 17, I still live at home so I dont have any real financial obligations,however I'd rather spend money elsewhere). It's more the principle behind all of this. I have basically been bent over and taken it up the ass. I don't want to be out over $1000 and a Playstation 3. I am really interested to see how they handle collecting from someone who is 17 and as such under the age for legally entering into a contract with paypal in the first place.

[gokou36]

Am I missing something here? How are you out of $1000, PS3, and yet somehow still owe paypal money? Didn't you take the $1000 out and thats how you have a negative balance so they're coming after you?

Anyways if I was in your position, i'd say fuck them and not pay them a penny.

[anotherjeff]

Generally, and by that arrogant statement, I mean in the U.S., you aren't liable for any contracts you make while a minor unless it's for necessities. So you are clear there. But that probably has been changed by law.

When dealing with collections, you can request an accounting/review of your claim. You can also request that they do not call you. In the U.S. there are very strong laws to prevent collection abuse.

Not sure how it works in the CA but record everything they say/send to you and the times. If they slip up and threaten you or call at a bad hour, or call your boss or neighbor (or neighbour even) you might be able to turn the tables on them in small claims.

[wffsoccer]

I looked to find my login info just to help you out.


Do NOT at any time discuss anything on the phone, ever. Once they say they are debt collectors attempting to collect a debt, hang up.

You will eventually receive a letter from NCO financial, when your receive this letter, respond with this

Name
Address
City, State, Zip

RE: (acct number)

I dispute. Please Validate. It is inconvenient to contact me at any time.

Signed,

Your name

Sent this letter CERTIFIED. And keep a copy, you may even want to notorize it.



99.5% of the time, you will not hear back from them.

If at anytime AFTER you know they got the letter, they call you, make sure you have some way to record the call or at least prove they called, they now owe you $1000 for violating the FDCPA. If they call again, that's another $1000 and so on.

If at anytime they sent another collection letter WITHOUT providing validation, they owe you another $1000.


If they actually validate, which they wont, head over to creditboards.com and they will help you out.

O fck, you're a minor, nice. If they validate it, send them a copy of your Drivers license with your DOB circled ;)

[N5]

I was put in a very similar position with PayPal.

I sold a computer on eBay(near 1K) and sent it to the guy who paid in San Francisco. Later on paypal filed a refund claim saying the account I received the money from was stolen(this is 5 months) after the item has been sent. I was harassed and forced to pay about 80% of that money.

[Chitown021]

Damn! I just read the whole ordeal for the first time today. I've used paypal for years without problems but this scares the crap out of me! It sounds like these scam artists know how to work the system and if an honest seller gets caught in the middle he or she is Fuck ed!

Wow Magiic, paypal didn't give you any grease or a kiss, they just came in and rammed it up your rear!

[CocheseUGA]

Just to clarify something, in the US a minor entering into a contract: the minor can make the contract voidable at any time. That means even if they have XXX in the TOS, it doesn't matter.

A quick check will tell you if it's the same in Canadia.

[troll_tracka]

paypal screwed me almost the same way . im a power seller on ebay and im thinking about doing way with paypal . everyone should start a petion to get paypal to have some sort of real laws control it.

[jeffreyjrose]

I looked to find my login info just to help you out.


Do NOT at any time discuss anything on the phone, ever. Once they say they are debt collectors attempting to collect a debt, hang up.

You will eventually receive a letter from NCO financial, when your receive this letter, respond with this

Name
Address
City, State, Zip

RE: (acct number)

I dispute. Please Validate. It is inconvenient to contact me at any time.

Signed,

Your name

Sent this letter CERTIFIED. And keep a copy, you may even want to notorize it.



99.5% of the time, you will not hear back from them.

If at anytime AFTER you know they got the letter, they call you, make sure you have some way to record the call or at least prove they called, they now owe you $1000 for violating the FDCPA. If they call again, that's another $1000 and so on.

If at anytime they sent another collection letter WITHOUT providing validation, they owe you another $1000.


If they actually validate, which they wont, head over to creditboards.com and they will help you out.

O fck, you're a minor, nice. If they validate it, send them a copy of your Drivers license with your DOB circled ;)

Does this really work? If so, I may have to save this for future reference!

[slidecage]

I looked to find my login info just to help you out.


Do NOT at any time discuss anything on the phone, ever. Once they say they are debt collectors attempting to collect a debt, hang up.

You will eventually receive a letter from NCO financial, when your receive this letter, respond with this

Name
Address
City, State, Zip

RE: (acct number)

I dispute. Please Validate. It is inconvenient to contact me at any time.

Signed,

Your name

Sent this letter CERTIFIED. And keep a copy, you may even want to notorize it.



99.5% of the time, you will not hear back from them.

If at anytime AFTER you know they got the letter, they call you, make sure you have some way to record the call or at least prove they called, they now owe you $1000 for violating the FDCPA. If they call again, that's another $1000 and so on.

If at anytime they sent another collection letter WITHOUT providing validation, they owe you another $1000.


If they actually validate, which they wont, head over to creditboards.com and they will help you out.

O fck, you're a minor, nice. If they validate it, send them a copy of your Drivers license with your DOB circled ;)

nice. I doubt you would ever get the 1000s of dollars if they call you but they will probally never call : )

again you said you had insurance right?

so really your out 500 buck ? cause wouldnt the insurance pick up the rest

So if I was you i would look into what i can do with the insurance saying item is lost

that way if something very very bad happens and you do end up owing 1000 buck at least you get something back out of the insurance claim

[magiic]

Thanks for the info Im going to look into the minor in a contract deal in Canada. Also does that FDCPA thing apply to Canada also. As far the me being out $1000 and a PS3 I was referring to IF they collect from me I will be out both. Also about the insurance, I wont be able to file for that now,especially not saying it was lost because a) the reciever would have to cooperate b) it had delivery confirmation showing it arrived c) I believe only have six months to file a claim. So claiming the package never arrived is not going to work.

[Kfoster1979]

I looked to find my login info just to help you out.


Do NOT at any time discuss anything on the phone, ever. Once they say they are debt collectors attempting to collect a debt, hang up.

You will eventually receive a letter from NCO financial, when your receive this letter, respond with this

Name
Address
City, State, Zip

RE: (acct number)

I dispute. Please Validate. It is inconvenient to contact me at any time.

Signed,

Your name

Sent this letter CERTIFIED. And keep a copy, you may even want to notorize it.



99.5% of the time, you will not hear back from them.

If at anytime AFTER you know they got the letter, they call you, make sure you have some way to record the call or at least prove they called, they now owe you $1000 for violating the FDCPA. If they call again, that's another $1000 and so on.

If at anytime they sent another collection letter WITHOUT providing validation, they owe you another $1000.


If they actually validate, which they wont, head over to creditboards.com and they will help you out.

O fck, you're a minor, nice. If they validate it, send them a copy of your Drivers license with your DOB circled ;)

See that can be a bad thing, first the agency I work for we will validate it and if we cant we will sell it back to the company. Second if we can validate it then call you back and you still refuse to pay or then send us a C&D letter then its off to an attorney and if the judgment comes in our favor (more than you would think) be prepared for way more than the 1000.

Tell them you want to file a dispute that you fell you do not owe the Debt and get the Physical address for a certified letter to be sent. Write a dispute outlining why you do not owe the debt trust me doing a little work will help you. Then they have a 30-45 days to respond to the dispute either to outline why you owe it or to say sorry our bad. Granted your a minor and in Canada so I can't speak of every exact law or how it will effect you in the long run but I will almost guarantee it will never appear or your credit report.

[slidecage]

Thanks for the info Im going to look into the minor in a contract deal in Canada. Also does that FDCPA thing apply to Canada also. As far the me being out $1000 and a PS3 I was referring to IF they collect from me I will be out both. Also about the insurance, I wont be able to file for that now,especially not saying it was lost because a) the reciever would have to cooperate b) it had delivery confirmation showing it arrived c) I believe only have six months to file a claim. So claiming the package never arrived is not going to work.


im confused now? If the item was delivered how can the person say it was never delivered and still make a claim.

[slidecage]

Thanks for the info Im going to look into the minor in a contract deal in Canada. Also does that FDCPA thing apply to Canada also. As far the me being out $1000 and a PS3 I was referring to IF they collect from me I will be out both. Also about the insurance, I wont be able to file for that now,especially not saying it was lost because a) the reciever would have to cooperate b) it had delivery confirmation showing it arrived c) I believe only have six months to file a claim. So claiming the package never arrived is not going to work.


im confused now? If the item was delivered how can the person say it was never delivered and still make a claim.

i think you have 1 year to make claims

[Kfoster1979]

I just read the user agreement and it clearly sates that you must be 18 to have a paypal account. You could always say hey they let me have the account not my fault but then there is always a chance that might claim fraud.

[magiic]

im confused now? If the item was delivered how can the person say it was never delivered and still make a claim.

i think you have 1 year to make claims

This was a item significantly not as described case not an item not recieved.

[slidecage]

This was a item significantly not as described case not an item not recieved.

what did they say they got ?

[kube00]

This kinda of reminds me the time I sold a 360 without a power cord clearly stated in the auction and the buyer filed a claim even thought I clearly stated in super bold font that it didn't have a power cord. I gave him like $25 back and he ended the claim. I even called paypal, but deep down I had a feeling I was getting screwed.

Maybe I'll quit using paypal....

[magiic]

what did they say they got ?

he claimed the ps3 was damaged and as such he could no longer sell it to his friend

[wffsoccer]

This is why we powersellers are all switching to GCO, none of this "item not as described" BS.

Since I switching in January, $155k in transactions processed, 0 claims.

[wffsoccer]

nice. I doubt you would ever get the 1000s of dollars if they call you but they will probally never call : )

again you said you had insurance right?

so really your out 500 buck ? cause wouldnt the insurance pick up the rest

So if I was you i would look into what i can do with the insurance saying item is lost

that way if something very very bad happens and you do end up owing 1000 buck at least you get something back out of the insurance claim

How much would you like to bet?

[magiic]

I didnt think you could use GCO with ebay?

[TimPV3]

Thanks for keeping us updated, interesting shit.

[thingsfallnapart]

I had the same problem with a ps3 with a guy who said he received it damaged. He lost the paypal claim because he tryed closing the case in a day while lieing to paypal. I filed the insurance claim rite away (this was the OP's error, you needed to file the insurance and fax the paperwork into paypal showing you have proof its covered.) The case was closed in my favor with the guy who bought the ps3 panicing and telling me he was gonna sue me. Havent heard from him in 6 monthes.

I would have refused the COD package to if i was the cag. What If it was opened and there was a cardboard box with two bricks?

[magiic]

That was the main reason I refused the package as much as a $182 PS3 would of been nice, I didnt want to risk buying a box bricks.

[auralia]

this sucks balls but is it really worth ruining your credit over? I mean next time you want to buy a car your going to be screwed if this is on your credit you'll get such a crap for interest rate. Not to mention if you need to buy a house or even the deposit on an apartment can be higher.

Also I would get me a lawyer and sue either the guy w/ the PS3 or pay pal (probably have more luck w/ the guy w/ the PS3). or hell just file in small claims court by yourself based on what I see you would win or at least get the PS3 back which is better than nothing and he'd have to pay court costs.

[magiic]

For now Im banking on my age getting me out of this going on my credit report.

[un_plug]

DO NOT IGNORE IT, when you get your first collection notice in the mail, dispute the claim RIGHT away. Look here: http://www.creditinfocenter.com/rebuild/debt_validation.shtml
Yeah your young, but that stays on your record for seven years. Keep track of the package to see if it ever went back to him for evidence.

[schuerm26]

This is why we powersellers are all switching to GCO, none of this "item not as described" BS.

Since I switching in January, $155k in transactions processed, 0 claims.

what is GCO?

[doraemonkerpal]

what is GCO?

Google CheckOut i believe :)

[dragonreborn23]

OP, I think I would try to work out something with the creditors if I were you. If you just let it go and then someday you get a judgement against you, you will be so fucked. It's going to be collecting interest plus you'll have to pay their lawyers fees. The price could get pretty steep. I think most creditors would negotiate a payment plan to make it easier for you, but make sure it is all in writing and signed by them if you do.

[magiic]

I've decided Im going to ask to see the whole case in writing to see exactly what Im up against. From there I will send them proof of my age and see what happens.

[slidecage]

he claimed the ps3 was damaged and as such he could no longer sell it to his friend

so why couldnt you collect on the insurance then. Item was damage in shipment.

[magiic]

so why couldnt you collect on the insurance then. Item was damage in shipment.

it had to actually be damaged, the buyer had to cooperate. Also had to have the original packaging.

[rmb]

I looked to find my login info just to help you out.


Do NOT at any time discuss anything on the phone, ever. Once they say they are debt collectors attempting to collect a debt, hang up.

You will eventually receive a letter from NCO financial, when your receive this letter, respond with this

Name
Address
City, State, Zip

RE: (acct number)

I dispute. Please Validate. It is inconvenient to contact me at any time.

Signed,

Your name

Sent this letter CERTIFIED. And keep a copy, you may even want to notorize it.



99.5% of the time, you will not hear back from them.

If at anytime AFTER you know they got the letter, they call you, make sure you have some way to record the call or at least prove they called, they now owe you $1000 for violating the FDCPA. If they call again, that's another $1000 and so on.

If at anytime they sent another collection letter WITHOUT providing validation, they owe you another $1000.


If they actually validate, which they wont, head over to creditboards.com and they will help you out.

O fck, you're a minor, nice. If they validate it, send them a copy of your Drivers license with your DOB circled ;)

Definitely follow this advice! I was about to post the same link. This is a great site.

[magiic]

If anyone still cares I havent gotten a single phone call since July. I also have no recieved a single piece of mail either.

[Ice2Dragon]

Claps...

Good job.. But they have forever to collect the money..

That guy is a loser though..

[ratzombie]

How do you use GCO with eBay?

[omgu8myrice]

im the same age as you, and being so young, your really putting up a good fight. i woulda just been like..eh..

[magiic]

How do you use GCO with eBay?

I am pretty sure ebay specifically states you cannot use GCO

[iazybandit]

There is no GCO on eBay. I dont even think eBay is a participant. GCO would be somewhat considered a competitor with eBay's PayPal...I think.

[ratzombie]

That sucks... you'd think that would be illegal.

[magiic]

Got the first call in probably like 6 months today. From a new collections company. Curious to see where this goes.

[Halo05]

In related news, I just got a message from eBay stating that money orders/personal checks will no longer be accepted as payment on eBay.

After 10 years, eBay has finally driven me away completely, congratulations. I hope your "powersellers" continue to clog up the entire auction system with 99% worthless shit.

[Kitsune Sniper]

In related news, I just got a message from eBay stating that money orders/personal checks will no longer be accepted as payment on eBay.

After 10 years, eBay has finally driven me away completely, congratulations. I hope your "powersellers" continue to clog up the entire auction system with 99% worthless shit.No, this is only for a few categories - video games being the most important one.

[magiic]

I still can't believe they are trying for this money, with a different agency now no less.

[hero101]

mono is an actual disease? And my secret santa got it...? Good luck on those collection people.

[magiic]

mono is an actual disease? And my secret santa got it...? Good luck on those collection people.

lol mononucleosis (http://en.wikipedia.org/wiki/Infectious_mononucleosis)
It really sucks, I was sick really sick for a long time. It just sucks the life out of you

[Caliburn]

I still can't believe they are trying for this money, with a different agency now no less.

They're holding out for hope that you'll see the light and hand over money to a new company. This new company probably bought the bad debt from the old collections company for pennies on the dollar, which was already depreciated from when the former collections agency acquired it from Paypal. :-({|=

They'll likely continue for the next decade...after seven years in the US (again, not sure about Canada...) it's considered dead debt, but companies revive dead debt through a process called "zombie debt" collection. :roll:

If you acknowledge even once that you live at your residence or any hint of guilt about this account, they'll be all over you and the process can begin anew with a revitalized effort since all these calls are monitored (the legality of unannounced calls is another question.) It's best to let them keep leaving messages on your answering machine/voicemail.

Are these companies calling from Canada, US, or unknown?

[magiic]

The current one is calling from Toronto, Ontario. The previous one was calling from somewhere in Quebec

[blucadet3]

I had a similar situation with a pentium processor I sold on ebay. The buyer claimed it was damaged. This was impossible considering that it was shipped in factory packaging. What the thief eventually returned was a burned processor and he kept the rest of the contents of the box. The box he returned was much lighter than the one he recieved. Anyway, long story short. I had to file a police report on him in order to recover my money from paypal. Every day they would close the claim for no reason and every other day I had to reopen it until it was resolved in my favor. I had to file with my local police and then fax that to paypal. They then denied the claim again. So I just kept calling and reappealing the case. Its probably too late now, but you could have eventually won if you were more persistant. I understand that was probably impossible because you were sick. Anyway, just wanted to share that it is possible to force paypal to do the right thing. It is a huge pain in the ass. My claim was only for about 70 dollars.

You need to check your credit and file that whatever claim they put on there is wrong so you can clean up your record. Your documentation should be enough to get it removed as wrong.

[dallow]

Time to start anonymously mailing the buyer disgusting shit.

[Slim Gatsby]

Time to start anonymously mailing the buyer disgusting shit.

Seconded.

[magiic]

I'll be putting this credit thing to the test soon. I applied for a student Visa yesterday.

[antlp89]

Sorry to hear about your story dude, that's really messed up. Keep on fighting man!

[FeNoM91]

If you're the type of guy that wants ultimate revenge. Send the guy a package with some dog poop or barf or something, with obviously a different return address. Make sure its in a plastic baggie and some silica packs to take out the smell. I know I'd do it if someone tried scamming me.

[Hybrid5006]

Paypal sucks the cock! I got jipped a $200 cell phone that I sold, before I figured out what delivery confirmation was used for!

They didn't give a crap what I had to say... oops we're sorry, you have no proof of sending the package... even though i had the freakin receipt with the zip code of the d-bag!

Things like this just make me sick. Can't someone sue paypal for not being a reliable service, yet taking so much money!?! What has the world come to!

[Pookymeister]

collections suck - we had one calling for a while, then we sent them a registered letter to tell them to knock it the fuck off or we'd pursue legal action against them. Calls stopped.

Debt was some dental insurance BS. We were told by everyone (dentist and insurance) we'd be 100% covered - then a month later we get a bill from dentist for $1000+. homey don't play that.

[aznguyen316]

wow that sucks man, good luck to ya!!

[1SwtDeception]

Holy crap this is still going on? I really hope you pull through. I like Pookeymister's ide.. of a threat that you would pursue legal action if they don't knock it off..

[bigdaddybruce44]

Wow, dude, sucks that this crap happened to you.

[Veronica Mars]

:/

Did you get the ps3 for free?
You said you didn't lose any money....

[magiic]

:/

Did you get the ps3 for free?
You said you didn't lose any money....

no he kept the ps3 and the money

[devildr1ver]

oh man that totally sucks balls, sorry man for all that shit you've gone through. (Just dont answer the phone when the collection agency calls!)

[cheaperthanever]

sorry to hear that, man the world of virtual transaction is so scary.

[naes]

Damn, it's still going on. Maybe you should contact a lawyer?

[TornadoXL]

any updates?

[jovherye]

Just read through this. That fucking sucks brother. Nothing worse than a sore ebay buyer. That dude is in the wrong. Real headache.

[Veronica Mars]

Can't you tell them to stop? Have you tried looking up your "Rights" regarding Collection Agency phone calls...?

[hec204]

This is unacceptable, I would take this up to court immediately, he can't make a COD charge on an item you are returning, I don't see why paypal did this

[coolsteel]

I had forgotten about this thread, man did magiic take it up the ass hard on this one. Skimming this, did magiic ever actually call paypal or was this all done over email? I just couldn't see an actual person siding with the buyer with all this evidence if someone is screaming it over the phone.

[Sharp Katana]

I wouldn't ignore the collection agency, they can do real damage to your credit. Paypal sucks they'll do anything for buyers in order to avoid a lawsuit and whatnot.

[joshythegreat18]

I just read this thread the other night, and have to say that this is ridiculous.

I'd say get a lawyer, if you can afford it. If not, maybe we can take up a collection to help with fees? I'd be willing to donate a few bucks if it means PayPal gets fuck'd for their behavior.

[Access_Denied]

I say you go to court with this. And best of all, if you win the case, you get your court costs back. And you'll probably win, as the court system isn't as fucked up as PayPal's policies.

[Inf^Shini]

Yea, probably run your case over with a lawyer, see what advice they give you and run with it.

In any case, you might be able to take Paypal to court and be a landmark case, hell, even a lawsuit.

[joshythegreat18]

And you'll probably win, as the court system isn't as fucked up as PayPal's policies.

Are you sure about that?

[magiic]

They haven't called since that last call. I dont think they've fucked with my credit. I applied for a credit card and go one no problemo. Seems to have died off again it's been over a year and a half since the ebay shit first went down. Hopefully I'm in the clear.

[patpond]

Greets ppl, I thought I'd breath some new life into this thread.

I hope everything worked out for you in the end magiic , but I do have one question for you. Did you ever find out if this is being reported to the Credit Reporting Agencies? Is it showing up on your credit report?

The only reason I ask is because I'm in a similar situation. Sold a PSP overseas and the bum claims he never got it. Paypal makes my acct go in the red by -$145 and then a collection agency calls yesterday. ( All of this happened within 2 months, and while Canada Post is in the middle of invesitagating the claim that it was lost )

I am curious as to the status of this with the collection department. You can check your credit report with your new CC :D

btw, if it is on there I may be able to help you get it off. I've had to deal with this sh!t before, and it's not pretty, but doable. Feel free to PM me, or even e-mail.

-Pat

[magiic]

I think I got another call today. I got a call from 416-236-3147 which is located in Ontario and they asked for me by my full name. My dad told them they had the wrong number.

I don't know about your situation. I think my one saving grace is that I've neveracknowledged living here when they've called. Every call has been met with a "sorry wrong number".

I think that's pretty BS that they closed the case on you with CP investigating it.

[evanft]

This is why I would never sell a really high ticket item on eBay. I mostly deal in low-priced videya games and CDs, so the worst case is me losing a few bucks.

[magiic]

In all fairness I did not end up out any money I just wasted a lot of time (and I can't say my time is worth a boatload of money, or at least it was not back during this dispute as I would have been 16). The final score after that was Paypal was out the entire value presumably and the other guy got a refund and kept the PS3. The other possible scenario is the other guy got the PS3 and Paypal was unable to recover any funds.

[iflabs]

Cool! I'm just getting letters from Paypal and Ebay asking me to pay them! lol

[thelonepig]

Zombie thread! Zombie thread!

[magiic]

Zombie thread! Zombie thread!

I would like to stress I merely linked it. I didn't revive it myself :bouncy:

[evanft]

In all fairness I did not end up out any money I just wasted a lot of time (and I can't say my time is worth a boatload of money, or at least it was not back during this dispute as I would have been 16). The final score after that was Paypal was out the entire value presumably and the other guy got a refund and kept the PS3. The other possible scenario is the other guy got the PS3 and Paypal was unable to recover any funds.

I probably would have taken back the PS3 just to have the whole thing be done with.