Paypal Dispute Question for Files Never Delivered

by Vcize
15 replies
I recently agreed to purchase a website from someone. We agreed to do the transfer in steps. I would send over $60 through paypal, then he sends the files, then I send the rest of the payment and he then would transfer the domain.

Of course, as soon as I sent the first $60, the user has disappeared altogether. I'm pretty sure he even deleted his skype account.

I figure this should be a pretty easy thing for me to dispute with paypal, what route should I take?

I funded the payment with a credit card through paypal.

Should I just file a dispute through paypal? If so, do I list it under software or virtual goods? We had agreed to deliver it virtually, but do I have any protection on those, should I just say he was meant to send them on CD and never did?

Or, should I just file a chargeback through my CC company?
#delivered #dispute #files #paypal #question
  • Profile picture of the author KabirC
    Just file a dispute with paypal first, if that doesn't work file one with your credit card.
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  • Profile picture of the author tehnolife
    Banned
    File a dispute with paypal for underlivered goods, and you'll get your money back. If you can't , file one with your credit card, this will get your money back for sure.
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    • Profile picture of the author LilBlackDress
      Paypal told me that a website was considered a non tangible good. That if you purchase a website and do not get it, you have no way to prove that. So the buyer would be out the purchase price.

      This is what they told me but it may have just been the person I spoke with.

      Hope you can get a refund and please let us know if you do.
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  • Profile picture of the author Jake Gray
    What people will do for $60 nowadays...

    One downside of using PayPal is they have no protection
    for 'intangible goods'. Whether or not you got scammed,
    they have a policy that they strictly follow. I wish you luck
    in your endeavor with PayPal.
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  • Profile picture of the author Vcize
    So if I put "virtual goods" I will lose the dispute?

    Should I just put "computer software", as the seller could also have sent the files in the mail via a CD.
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    • Profile picture of the author GarrieWilson
      Originally Posted by Vcize View Post

      Should I just put "computer software", as the seller could also have sent the files in the mail via a CD.
      Sure but the seller will simply reply saying "digital transfer of website not covered."

      Then they will win.

      Your only hope is the seller doesnt know that and refunds out of fear.

      You could write to the AG if their state. The AG will send a "demand" letter for details. This might scare him too.

      Email the seller letting them know you will be filing a complaint w/ the FBI and their local police if its not refunded.

      Garrie
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  • Profile picture of the author sbucciarel
    Banned
    Do a chargeback on your credit card. That always gets Paypal's attention.
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    • Profile picture of the author GarrieWilson
      Originally Posted by sbucciarel View Post

      Do a chargeback on your credit card. That always gets Paypal's attention.
      And may get your PayPal account closed too.
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      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by GarrieWilson View Post

        And may get your PayPal account closed too.
        Customer doesn't get product. Paypal doesn't support the buyer getting ripped off. Customer gets remedy by getting money back through chargeback.

        It's actually the seller's account that didn't deliver the product that risks getting the Paypal acct closed ... not the buyer.
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        • Profile picture of the author GarrieWilson
          Originally Posted by sbucciarel View Post

          Customer doesn't get product. Paypal doesn't support the buyer getting ripped off. Customer gets remedy by getting money back through chargeback.

          It's actually the seller's account that didn't deliver the product that risks getting the Paypal acct closed ... not the buyer.
          In theory but not in practice.

          PayPal doesn't know customer didn't receive the product. The agreed upon PayPal AUP says there is zero buyers protection for intangible items.

          A chargeback will, more than likely & assuming he used a credit card to fund the payment, get the funds returned. However, PayPal has closed buyers accounts for doing chargebacks. Hence my comment that PayPal may close his account.
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          • Profile picture of the author sbucciarel
            Banned
            Originally Posted by GarrieWilson View Post

            In theory but not in practice.

            PayPal doesn't know customer didn't receive the product. The agreed upon PayPal AUP says there is zero buyers protection for intangible items.

            A chargeback will, more than likely & assuming he used a credit card to fund the payment, get the funds returned. However, PayPal has closed buyers accounts for doing chargebacks. Hence my comment that PayPal may close his account.

            While they may close the buyer's account, it's not their policy to just automatically close accounts that issue chargebacks for purchases. They do reserve the right to close or limit accounts that abuse the chargeback process, but I don't think that we're talking about chronic chargeback abuse here.

            Buyer Complaint Policy within the User Agreement:

            4. Relationship between Buyer Complaint Policy and Credit Card Chargeback Rights. If you used a credit card to fund a purchase of goods or services through PayPal, you may have chargeback rights granted by your credit card issuer. Credit card chargebacks, if they apply, can be filed more than 45 days after the transaction, are not limited to funds in the seller's balance, and cover cases where the goods are not as described by the seller as well as cases of non-delivery.

            You can choose to pursue the Buyer Complaint process or your credit card chargeback rights; however, you cannot pursue both at the same time or seek a double recovery. If you initiate a Buyer Complaint claim and, while the claim is pending, you file a credit card chargeback, PayPal will cancel your Buyer Complaint claim, and you will have to rely solely on your credit card chargeback rights.


            PayPal encourages all buyer purchase disputes that cannot be resolved directly with the seller to be filed and resolved through the Resolution Center. PayPal reserves the right to terminate or limit account access privileges of buyers who misuse the credit card chargeback process to get their money back and keep the goods, or to recover payment twice for the same dispute, or who file three or more chargebacks per 12-month period that are ruled invalid by the applicable card association or card issuer. PayPal reserves the right to contest credit card chargebacks, in accordance with the rules of the applicable card issuer or card association.
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            • Profile picture of the author GarrieWilson
              Originally Posted by sbucciarel View Post

              While they may close the buyer's account, it's not their policy to just automatically close accounts that issue chargebacks for purchases. They do reserve the right to close or limit accounts that abuse the chargeback process, but I don't think that we're talking about chronic chargeback abuse here.
              My point was to let the OP know that it's a possibility.

              Chronic or not doesn't matter. We are talking about PayPal. The company that has frozen accounts because of one persons lack of knowledge.

              The OP needs to determine if $60 is worth the chance. If it's worth the black mark on his account. It wouldn't be to me.
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  • Profile picture of the author zulfnore
    The first step is to raise a dispute via PayPal at the same time inform PayPal's customer service that he will be exercising his rights on the sales of goods act (UK) and instruct his bank (card issuer) for a chargeback on non delivery.

    Initiating a chargeback without PayPal being informed is what usually get accounts frozen or limited - account closure is a result of abusing the system as sbucciarel said.
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  • Profile picture of the author DeborahDera
    Perhaps you should call PayPal and ask a rep advice as to the best way to handle the situation. They deal with this all the time.

    Originally Posted by Vcize View Post

    I recently agreed to purchase a website from someone. We agreed to do the transfer in steps. I would send over $60 through paypal, then he sends the files, then I send the rest of the payment and he then would transfer the domain.

    Of course, as soon as I sent the first $60, the user has disappeared altogether. I'm pretty sure he even deleted his skype account.

    I figure this should be a pretty easy thing for me to dispute with paypal, what route should I take?

    I funded the payment with a credit card through paypal.

    Should I just file a dispute through paypal? If so, do I list it under software or virtual goods? We had agreed to deliver it virtually, but do I have any protection on those, should I just say he was meant to send them on CD and never did?

    Or, should I just file a chargeback through my CC company?
    {{ DiscussionBoard.errors[3974978].message }}

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