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Desperately Seeking Chargeback Justice
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Lovesgirl



Joined: 30 Jun 2009
Posts: 1

Posted: Tue Jun 30, 2009 9:28 pm    Post subject: Desperately Seeking Chargeback Justice  

We selling printing and design. A Customer ordered brochures. He sent us the files which were vertical in orientation. We emailed him pdf proofs of the vertical brochures which he APPROVED. We printed them, shipped them and he received and KEPT them. He then decided "oh we should have printed these horizontally!" aand wanted us to redo them for FREE. He disputed his visa which we charged thru our merchant acct in paypal. They "let" us keep the money for a while and just now told us that the decision was against us. Customer also signed a terms and condtions that stated that after approving a proof, that is it. no refunds and we are not responsible for any errors you approve. We have scans of all of this proof and yet we "lost" the chargeback. I believe that visa works for the customer and since they took the money from paypal, paypal simply took it from us. How do we fight this?? It was $3000 and we really need it. on paypal the case is "closed". I am about ready to buy an AK47 . . . .
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doulcefrance



Joined: 12 May 2008
Posts: 128

Posted: Tue Jun 30, 2009 9:40 pm    Post subject: Re: Desperately Seeking Chargeback Justice  

Small claims court?

Collection agency? That should put a dent in his credit record.
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We Sell It All



Joined: 02 Feb 2008
Posts: 211

Posted: Tue Jun 30, 2009 10:11 pm    Post subject:  

Try Judge Judy
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DaLizardsLair



Joined: 15 Feb 2009
Posts: 4782

Posted: Tue Jun 30, 2009 10:21 pm    Post subject:  

You don't have a Merchant Account with Paypal. Premiere or Business YES, Merchant Account, NO.

What may have happened was the buyer did a one time payment with Paypal using their credit card. This type of payment is an exception to Paypal's SPP, so the seller has zero protection.

To prevent this in the future, you need to go into your Paypal account, then click on "Profile". Then look in the right most column for "Payment Receiving Preferences" and click on that.

Once there, I would click the box to REQUIRE a confirmed address with Paypal. I would also block e-checks.

Requiring a confirmed address forces the buyer to actually register with Paypal, to be able to use it for payment.

As for blocking e-checks, Paypal has had periods when it's taken up to 30 days for an e-check to clear, by which time, the buyer has cancelled the payment. The seller finds out about the cancellation later on...usually after they've shipped the package.

As for the case at hand, about the only thing you can do is chalk it up to an expensive lesson learned. Unless they've raised the limits recently, you cannot take the buyer to Small Claims court, so you would have to hire an attorney and sue the buyer. Only you can decide if it's worth the time and trouble.
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Juliartz



Joined: 29 Jan 2007
Posts: 570

Posted: Tue Jun 30, 2009 10:22 pm    Post subject:  

We Sell It All wrote (View Post): › docWrite("quote")Try Judge Judy

:lol: :lol:

You just beat me to it! I just finished reading the thread (minus your response) and was going to post the same thing! :lol:

Attitudy Judy!

She's already dealt with alot of fraud on ebay. And the ones that I've seen, the fraudster always lost.....

Love the lady... takes no bull!
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mojavelyn



Joined: 25 Feb 2005
Posts: 8047
Location: Mojave Desert CA 120 miles from civilization

Posted: Tue Jun 30, 2009 10:43 pm    Post subject:  

First, write to Visa with the credit card number given... do not get emotional, do not make any additional comments except the facts. Do state that this case was charged back and why, and that he kept the item, had approved the printing, and then charged back.

Lay out in who what when where why and how... 1. 2. 3.

Take screen prints of your Tos... print out all your emails... Not screen shots. Shot can be photoshopped... prints give the url of the page it was taken from...

All correspondence, even if the emails have all the previous history on them.. this is even better.

cross refernce all printouts in your statement and keep all items in order. Send it all to Visa and let them decide. Then Sue.
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wphamilton



Joined: 01 May 2005
Posts: 1940
Location: Georgia

Posted: Wed Jul 01, 2009 4:48 am    Post subject:  

You can file in small claims depending on the local rules, since the limits vary. You might have to file where the buyer lives however. Small claims judges can be whimsical about exercising personal jurisdiction over an out of state resident and it can go either way. On the other hand, just the demand and then the summons might get some action. Draft a legal looking demand for payment citing their agreement and acceptance.

Before going all the way to court though you might demand return of the brochures at their expense, if you think they want them badly enough. Faced with either the brochures or the cash they may just remit what they owe you.

Have you asked your paypal rep to look into it? Do you mean you used PayPal's Virtual Terminal to charge the card directly instead of a PayPal payment? If so and you have the card number and transaction number I like Mo's idea. If it was a straight paypal they won't give you the information and you have to deal with PayPal.
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