I was cheated on ebay classifieds. A private seller wanted to sell me a Nintendo switch Lite for 150 euro. I paid with my credit card at PayPal and there with friends and family. Yes I know was a little naive. The seller no longer reports and his email address is fake. Now I have read what I can do. I then submitted an application to the DKB for reimbursement and all the evidence, etc. On the phone the woman said that I would get the money back safely, but could make paypal stress. I read on the internet that many then got the minus amount written into their account and received threats and collections or payment orders. Many users have reported that one should not pay for it but object to it. Now I wanted to ask how it is now. From a purely legal point of view, I was cheated and have asserted my legal rights at my bank. It is ok that paypal does not give me buyer protection, and I know that paypal can't do anything for it. However, I find it questionable then to try to get the money back from the shipper and not from the fraudster? Because those who offer credit card payments must expect that the payments can be reclaimed and who pays through family and friends will still conclude a purchase contract or, for example, with cash payments. Is it actually legally irrelevant for my repayment? Then why does PayPal try to get the money from the senders?
In any case, report to the police, they now have their own department for eBay. You can definitely get the money back. If there's a debt collection procedure, you are on the safe side, since you have done nothing wrong and the money is due to you.
If you have the fraudster's account details, you should be able to find them, right?
First, thanks for the quick response. I only have a name and an email. As I have a professional mail account, I have sent a test mail, it registered function to the place where I paid in paypal. Then only a message came back that this user does not exist or email. So probably fake. I can still go to the police because I can also help others who have been cheated and possibly have no way to get their money. Have you already had experiences with something like this because you are sure that paypal can't help me with debt collection?
From a purely legal point of view, I was cheated and have asserted my legal rights at my bank.
What is the right to withdraw your money that you have sent yourself?
F&F is PayPal's option to give away money. You also participated in PayPal to defraud your sales commission. But if it affects others, that's okay, only if it doesn't concern you, of course.
Yes I know was a little naive.
I could think of other words.
There are laws that clearly regulate the reason for which you can complain about credit card sales and how long, etc. If I use it because of fraud and my bank agrees, PayPal can't write a minus to my account, right?
I'm not 100 percent sure, of course, but in this way you are the victim. The police can certainly give you further information. Otherwise, consult a lawyer. Some have specialized in cybercrime. Such are recommended.
However, you can never be sure if it works or you should accept that you have lost the money. However, it is worth a try.
Okay, thank you
What does it mean that the fee is only about buyer protection?
Now YOU are becoming a fraud yourself and want to try to cheat PayPal?
YOU HAVE done EVERYTHING wrong!
YOU yourself didn't follow the rules!
YOU SELFLY gave away your money by choosing friends & family!
YOU HAVE deliberately switched off buyer protection!
YOURSELF clicked away the security warnings!
And because you did everything wrong and fell for a known scam, do you think you are entitled to cheat PayPal?
Incredible!
One is the terms of your KK Bank and the other is the terms of PayPal. You accepted both, because these are also contracts. Picking out raisins is not.
The installation of withdraw money from PayPal is only okay in PayPal's terms if the money was lost due to third-party access, i.e. Not the account holder made the payment. That is not the case with you. Would also check PayPal if you say so.
You have foregone buyer protection, why should Paypal now also act for you? F&F is not paying for it. That is already evident from the name… Friends & Family. The other goods & services, PayPal would help you.
From PayPal's point of view, there was no fraud. Money was given away.
Of course you can try it. Recently there was a person who allegedly successfully opened a case via the support despite F&F payment.
I would definitely submit a notice beforehand just to show this Paypal to emphasize the issue. If PP helps you, it's pure goodwill that you didn't deserve.
You gambled and let yourself be fooled and now comes the stress.
If PP gives the minus to the collection, then you still have the option to ignore the payment order, you have to object. But you also have to have the peace to sit out. The letters that will come are sometimes quite spicy, followed by a rather nice letter. Almost like bad cop, good cop.
With the minus account you sacrifice your paypal account. It will then be blocked. Your PayPal future is therefore always risky if you open a new account (because this is not allowed).
The function is to send to family and friends. This is a marketing name and the word send does not mean giving… And if I make my claims with the bank and that proves me right, what does that have to do with fraud?
Thanks for the detailed answer! I put it this way: paypal conditions are also the function family and friends send is purely regulated by ab and not legally defined. But to apply for a repayment at my bank is legally defined and is still available via paypal. I can withstand the pressure I know a lot of good lawyers and I have legal expenses insurance.
Do you remember how the person did it?
Paypal doesn't have to help me, that's what my bank does.
1.) What "send to family and friends" means is exactly explained in the PayPal terms of use and in the end it is synonymous with "giving away". If you had read Paypal's rules, you would know that.
2.) You knew very well that the seller is neither a friend nor a relative, right?
3.) And about "cheating", just read §263 StgB:
http://www.gesetze-im-internet.de/...__263.html
Sure, you've been cheated, but that doesn't give you the right to cheat others!
The rules of paypal are not laws but only agbs and if i get my money back with my legal background with my bank then the laws will probably apply rather than the agbs of paypal. Or am I wrong?
Terms and Conditions are based on laws. There's freedom of contract, which is part of the Basic Law in Germany. This is defined and / or restricted by various other laws (mainly consumer rights).
But that's only a small part.
If you take PayPal money away, then PayPal has a claim against you. This only has something to do with their terms and conditions than that the terms and conditions do not provide it (except in the one case of third-party access).
This requirement is therefore no different from your counterpart to the seller. (Both are civil law matters) The fraudster has probably already removed the money from PayPal, so you are not getting the money back from him, you are taking it from PayPal.
All the answers you got said that you are walking on very thin ice but you always could. Why do you ask here when you seem to know better anyway? Is not meant bad I just wonder.
