Been scammed!

Psycho Sonny · 25 Jan 2020 at 00:35

Transform_IT said:
Thanks for the advice, bud. I have never had to do a chargeback or attempt to do one on a credit card. Am I best phoning them and asking for advice or what? Wouldn't know the first place to start.

Friends and family doesn't offer any protection.

You don't have a leg to stand on as you chose the wrong method for protection.

Also if £1500 vehicles that are safe are so overloaded on the market why did you buy this one miles away without even seeing it?

Also what proof do you have to offer the credit card company? They would take the money from PayPal and now you would have your PayPal account blocked until you paid PayPal back the money.

In fact PayPal may take you to court for the money as you used friend's and family to pay then did a charge back to them

Psycho Sonny · 25 Jan 2020 at 00:36

ScoTTyBEEE said:
You paid PayPal with a credit card, you didn’t buy a car with it. Big difference.

This guy gets it.

ScoTTyBEEE · 25 Jan 2020 at 00:36

Transform_IT said:
Would I be best doing a letter with a template similar to this - https://www.citizensadvice.org.uk/c...m-for-equal-liability-from-a-credit-provider/

Or just phoning.

He didn’t use his credit card to buy a car, he used it to fund his PayPal account.

This needs to be disputed with PayPal or a court. It won’t go anywhere with pp, so it’s small claims or persuasive messages.

FoxEye · 25 Jan 2020 at 00:41

Mcnumpty2323 said:
Used to be an ebay scam
With cars and PayPal
Not that I am advocating scamming him back of course if its even still possible
But when you had the car collected
Was anything signed to state the car had been collected?
They used to do it on ebay
Buy your car on PayPal
Come collect it
All looks kosher
Then soon as they drive away
They do a charge back
Ebay would never help because you couldn't prove the car had been delivered
Probably closed that loophole with PayPal and cars by now
Though no matter what we advise you
PayPal and/or your credit card company are the only peoples
Advice that's really important

That doesn't even rhyme!

Transform_IT · 25 Jan 2020 at 00:44

Top_gun said:
Looks like the law does cover you if a private seller sells an unroadworthy car.

Unroadworthy cars

The Road Traffic Act 1988 makes it an offence to sell an unroadworthy car. The Act does not distinguish between private sellers and motor traders.

<read more>

interesting.

Transform_IT · 25 Jan 2020 at 00:45

ScoTTyBEEE said:
He didn’t use his credit card to buy a car, he used it to fund his PayPal account.

This needs to be disputed with PayPal or a court. It won’t go anywhere with pp, so it’s small claims or persuasive messages.

True, but I sent the payment direct using the card and Paypal was the platform. I didn't add funds to my account and then use the paypal funds to pay. So surely, the transaction is still via the CC?

Top_gun · 25 Jan 2020 at 00:45

ScoTTyBEEE said:
He didn’t use his credit card to buy a car, he used it to fund his PayPal account.

This needs to be disputed with PayPal or a court. It won’t go anywhere with pp, so it’s small claims or persuasive messages.

This article could offer a persuasive message like a £12k fine and a criminal record.

Transform_IT · 25 Jan 2020 at 00:47

I suppose the best thing I can do now is phone my CC company, tell them the details and see what they say. As many of you have said, it may not be worth the hassle, especially if PayPal is in the middle. I wouldn't like to get on the wrong side of them.

Edit:

It would seem I'm not covered -
What doesn’t Section 75 cover?

Items you buy with a debit card, charge card or prepaid card
Purchases made through third parties – Paypal and Amazon Marketplace, for example – might not be covered, however these third parties may have their own refund schemes
Delivery charges aren’t included when assessing the value of your item, but you may be able to claim them along with the cost of the item
Purchases made by additional cardholders, however purchases made on behalf of the main cardholder may be covered
If you choose not to use a service when it’s available – for example, not taking a flight you’ve paid for
Loans
Balance transfers
Cash withdrawals

Ahh well, lesson learnt. Thanks for the support and help guys. It is much appreciated. I will still phone them and ask, it can't hurt. I have just read some interesting posts online from individuals who have a similar issue. Paid for an item via PayPal friends and family using their bank or credit card and have successfully had the chargeback done and had no comeback from PayPal. Apparently, if you try and dispute it directly with PayPal the chargeback will be unsuccessful, but if done through your CC company it will work. This issue I have though, is the car is still on my driveway?

ScoTTyBEEE · 25 Jan 2020 at 00:53

Transform_IT said:
True, but I sent the payment direct using the card and Paypal was the platform. I didn't add funds to my account and then use the paypal funds to pay. So surely, the transaction is still via the CC?

You paid paypal for a service, the agreement between your cc is with them and as far as your cc is concerned you got what you paid for with no fraud involved, the ability to send money to a friend or family member.

jaybee · 25 Jan 2020 at 00:53

RoboCod said:
... You're in the bangernomic end of car buying, ...

lol
This sums up the majority of my life purchases with cars.

Transform_IT · 25 Jan 2020 at 00:58

Psycho Sonny said:
In fact PayPal may take you to court for the money as you used friend's and family to pay then did a charge back to them

Apparently, the chargeback process works - and the only person liable would be the seller as they are in breach of the rules of their account for selling items and accepting payment via friends and family (as there is no fee).

Psycho Sonny · 25 Jan 2020 at 00:58

Transform_IT said:
True, but I sent the payment direct using the card and Paypal was the platform. I didn't add funds to my account and then use the paypal funds to pay. So surely, the transaction is still via the CC?

You didn't send it direct.

If you sent it direct you would have swiped your credit card or put your card details into an online payment system.

You send the money using PayPal. You funded PayPal using a credit card.

So you used PayPal not the credit card to pay him.

Had you walked into his house and he had a card machine there then yes you would have paid using credit card.

Sell the car for spares and repairs for £800. Back to the guy you bought it from

Screeeech · 25 Jan 2020 at 01:01

My understanding is (whch may be wrong), if you paid for the car with your credit card, but through Paypal - you're not covered under section 75 of the consumer rights act (amazingly). Because you paid through a third party agent (Paypal) rather than directly through your credit card, this could make it a bit of a nightmare. For this reason I doubt the credit card company will issue a charge back.

I'd get some professional advice quickly, perhaps a telephone consultation with a solicitor in consumer law - you might be able to get 10 mins or so for £50-100 or something, but you'll know where you stand, as you might have to sue him and/or involve the police.

The last thing I would do, would be to cave in and try to sell the car on or do anything to it at all, you've been wronged - and you need to be reimbursed for the full amount + any costs.

Psycho Sonny · 25 Jan 2020 at 01:03

Transform_IT said:
Apparently, the chargeback process works - and the only person liable would be the seller as they are in breach of the rules of their account for selling items and accepting payment via friends and family (as there is no fee).

Nobody forced you to use PayPal friends and family.

If he was not a close mate or family member you should never use that option as it enables the seller to evade paying his paypal fees and negates your buyer protection at the same time.
You also 'risk' having your account limited for using this option when you are purchasing goods as its against Paypal user agreement.

Mcnumpty2323 · 25 Jan 2020 at 01:07

FoxEye said:
That doesn't even rhyme!

Can you see my signature?

Akagi · 25 Jan 2020 at 01:51

Dis86 said:
@Acme ?

Nope never done that. I've insured cars I haven't seen though.

In your position OP I would list it for sale again while it still has some ticket on it. Make it someone elses problem. You never noticed the damage underneath, and had a change of heart.

FoxEye · 25 Jan 2020 at 01:55

Mcnumpty2323 said:
Can you see my signature?

OK, OK. I only tend to look at the sigs which have pretty pictures.

dowie · 25 Jan 2020 at 02:36

Acme said:
In your position OP I would list it for sale again while it still has some ticket on it. Make it someone elses problem. You never noticed the damage underneath, and had a change of heart.

That would be a bit of a **** move tbh...

Akagi · 25 Jan 2020 at 02:38

dowie said:
That would be a bit of a **** move tbh...

Yep. But its not your problem anymore.

I guess it depends on your conscience and whether or not you can afford to deal with the situation yourself.

dowie · 25 Jan 2020 at 02:40

Transform_IT said:
I suppose the best thing I can do now is phone my CC company, tell them the details and see what they say. As many of you have said, it may not be worth the hassle, especially if PayPal is in the middle. I wouldn't like to get on the wrong side of them.
[...] This issue I have though, is the car is still on my driveway?

Well if you can't be arsed to deal with it then....

I'd want to go after the guy out of principle tbh... especially as you drove it with your kids inside.