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Old 09-01-2009, 12:54 PM
 
Location: North Carolina
1,077 posts, read 3,063,633 times
Reputation: 885

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Not sure if this is the right subforum but this seemed to best fit my question. Now keep in mind that I have already contacted paypal and ebay about my concern but it usually takes two days for them to respond and I would like to get yalls opinion on the matter.

Well I listed my cousin's backhoe on ebay a while back. After the auction was over, we could not in touch with the highest bidder. So finally we contacted the next highest bidder to see if he wanted to purchase the equipment. Well he did and sent me a $500.00 NR deposit. He said he would bring the rest of the money when he came to pick it up. Well a week had gone by without any direct contact with the buyer. My cousin attempting calling him everyday for the week after and no go. Finally my cousin got in contact with his daughter and she said he was having problems. Well my cousin told her to tell the buyer to just contact him. Well he never did.

So my cousin got fed up with it and sold it to a guy that had been interested in it locally. Well, that was a month ago. Now this guy emails me today requesting a refund and if he doesn't get it, he will request a refund on paypal and will be getting it that way.

Paypal cannot "tap" into my bank account and take funds can they? They do have my account number but I don't see how they take anything without my permission. I attempted to end my paypal account today just in case but I had $15.00 I had to transfer first before I could cancel the account which will be a couple days.
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Old 09-01-2009, 01:42 PM
 
Location: Castle Hills
1,129 posts, read 2,287,767 times
Reputation: 605
Yes, they can absolutely take the funds out of your account without your permission. I would assume if you cancel the account before they try to take the money out, they won't be able to though.
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Old 09-01-2009, 05:23 PM
 
Location: Alexandria, VA
10,749 posts, read 19,119,850 times
Reputation: 14740
Did the "want to be" purchaser AGREE to a non-refundable deposit? In writing?

I think you owe the $500 back. Paypal has your info. for credit card and/or bank account number(s) they can and will charge you.
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Old 09-01-2009, 06:20 PM
 
Location: North Carolina
1,077 posts, read 3,063,633 times
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Quote:
Originally Posted by Flamingo13 View Post
Did the "want to be" purchaser AGREE to a non-refundable deposit? In writing?

I think you owe the $500 back. Paypal has your info. for credit card and/or bank account number(s) they can and will charge you.
Verbally yes. His daughter did the deposit transfer. I also sent him an ebay message regarding a nr $500.00 deposit. But I can't pull it up now because it's over 30 days old.

I asked my bank if it was possible and they thought they also though they couldn't do it without my permission. But anyway, I cancelled the bank account that paypal had on database. Will be canceling my paypal account as well.

I do feel for the guy, but it's not my fault. He was the one that was irresponsible for not contacting us and letting us know he wasn't going to purchase the equipment. If my cousin would give me the $500.00 I would gladly give it back to him but thats not going to happen. But weeks without any contact and threatnening for a refund?
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Old 09-01-2009, 06:29 PM
 
8,649 posts, read 14,896,188 times
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Unless you have the No Refund of Deposit in writing, you need to return it. I understand why your cousin doesn't want to, but sometimes it just pays to be the nice guy.

But if your cousin had to sell at a lower price that might be different.

And next time make copies of everything so when e-bay takes it down you will still have something..

Good Luck....
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Old 09-01-2009, 06:42 PM
 
Location: Texas
15,650 posts, read 14,722,327 times
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Don't assume that paypal will try to get the money from you. If the defaulting buyer files with paypal then PP will investigate to get both sides of the story. I have found ebay and its company, paypal, to be fair.
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Old 09-01-2009, 06:42 PM
 
Location: North Carolina
1,077 posts, read 3,063,633 times
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Quote:
Originally Posted by Houston3 View Post
Unless you have the No Refund of Deposit in writing, you need to return it. I understand why your cousin doesn't want to, but sometimes it just pays to be the nice guy.

But if your cousin had to sell at a lower price that might be different.

And next time make copies of everything so when e-bay takes it down you will still have something..

Good Luck....
I want to refund him but my cousin isn't going to and I definitely ain't going to refund him with my money. He also is not going to forcefully take it from me either.

Another thing is I picked the option of "Buyer must pay in full before 7 days." Even though ebay doesn't know he was going to attempt to purchase the equipment, that could also be on my side as well.
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Old 09-02-2009, 04:27 AM
Status: "happy again, no longer catless! t...." (set 17 days ago)
 
Location: Cushing OK
14,431 posts, read 16,733,449 times
Reputation: 16455
Quote:
Originally Posted by gman6974 View Post
I want to refund him but my cousin isn't going to and I definitely ain't going to refund him with my money. He also is not going to forcefully take it from me either.

Another thing is I picked the option of "Buyer must pay in full before 7 days." Even though ebay doesn't know he was going to attempt to purchase the equipment, that could also be on my side as well.
As the lister you are the seller. Your cousins wishes are immaterial to the buyer. If the deposit was paid *to* you and you owe it back you pay it to the buyer and deal with your cousin seperately. Since you asked for payment in full within seven days I assume selling it to someone else was okay but doesn't stop your obligation of refunding the money.

Paypal is used by many people because they investigate things like this. Even major companies like Walmart accept paypal now. As you've closed the account paypal will investigate and unless that deposit being non-refundable is entirely legal paypal will expect a refund.

Because of this kind of problems, selling something for a friend on ebay isn't reccomended.

Remember the rules are there to safeguard both buyer and seller and are well defined.

Last edited by nightbird47; 09-02-2009 at 04:46 AM..
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Old 09-02-2009, 05:59 AM
 
69,372 posts, read 53,685,605 times
Reputation: 9357
Quote:
Originally Posted by gman6974 View Post
Paypal cannot "tap" into my bank account and take funds can they? They do have my account number but I don't see how they take anything without my permission. I attempted to end my paypal account today just in case but I had $15.00 I had to transfer first before I could cancel the account which will be a couple days.
First, paypal can not tap your "bank account" and take the funds out, they can however give the money back and put your paypal account in the negative..

Anyone who tells you that paypal can/will take money from your bank account is flat out wrong... A buyer first must open up a dispute with paypal.com, which will put a hold on the $500 in your paypal account. Once they file a dispute, they have 20 days to open up a claim for funds reinbursement. You will then be able to give paypal a reason why you have not refunded the customer, and paypal will then look at the the following to determine if the buyer is entitled to a refund.

Did the listing say that the buyer needed to provide a $500 NR deposit?
How long did it take for the buyer to file a claim?

If the listing says a NR deposit, then they will rule in your favor. They will also look at the time period in which they filed a claim to see if it complies with the paypal timeline.

If paypal decides that the buyer is entitled to a refund, they will take the money out of your paypal account, even if this means putting your paypal account in the hole and holding it hostage i.e. non usable until you make it good. They will not however take funds out of your local bank account to make their account good..

Last edited by pghquest; 09-02-2009 at 06:08 AM..
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Old 09-02-2009, 06:16 AM
 
69,372 posts, read 53,685,605 times
Reputation: 9357
Quote:
Originally Posted by gman6974 View Post
I asked my bank if it was possible and they thought they also though they couldn't do it without my permission. But anyway, I cancelled the bank account that paypal had on database. Will be canceling my paypal account as well.
You cant cancel a paypal account, they absolutely positively will not close them. This changes nothing, you simply gave paypal a reason to think your dishonest, thereby giving the buyer an edge if a claim is filed, and thereby putting yourself in the hole to paypal for $500, which they might possibly turn over to collections. This would be like wrecking your car into someone elses car, and rather than fixing their vehicle, you decide to sell yours. A has nothing to do with B..
Quote:
Originally Posted by gman6974 View Post
I do feel for the guy, but it's not my fault. He was the one that was irresponsible for not contacting us and letting us know he wasn't going to purchase the equipment. If my cousin would give me the $500.00 I would gladly give it back to him but thats not going to happen. But weeks without any contact and threatnening for a refund?
The fact that your cousin refuses to give you the $500 back is imaterial in the event paypal deems you owe the buyer a refund. They will give the refund and you would have to actually sue your cousin for the money back.. btw, if you gave your cousin $500, it cost you money to sell his products because of listing and commission fees involved..
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