Damaged CPU - Paypal - Final Update

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bob4432

Lifer
Sep 6, 2003
11,726
45
91
man, sorry to hear this. hopefully google will take over with google auctions and google pay. i would jump on their stup in a heartbeat as i feel many others would too...
 

Matthias99

Diamond Member
Oct 7, 2003
8,808
0
0
Originally posted by: SuperNaruto
Originally posted by: Roguestar
Adding a clause like that is illegal in the UK. Even second hand goods must be assured of fitness for purpose and marchantability for sale when they're being sold. You can't just sell someone something then refuse to replace it if it's dead. That's as bad as scamming someone for their cash and sending nothing.

usually when you put as is, it sells for half as much as one with warranty.. if you look on ebay, most of the as is no warranty are cheaply sold.. anyway i wouldn't warrant something like a cpu anyway.. half the world tries to oc it..

There's a difference between "no warranty" and "in the condition described in the auction". If bought something "as-is" assured that it was in working condition, but it wasn't when it arrived at your doorstep, I can imagine you would be less than pleased.

OP: That sucks. I hope your Paypal appeal goes through successfully.
 

Nocturnal

Lifer
Jan 8, 2002
18,927
0
76
Sorry to hear the outcome was not in your favor. It seems more and more people are becoming aware of this little glitch or loophole within eBay and Paypal. It's sad that these people take these routes. These are the same type of people who screw actual businesses over too.
 

imported_Imp

Diamond Member
Dec 20, 2005
9,148
0
0
That sucks. Proof that people (most/many) are a-holes. Try appealing this to death. If you still lose out, this will just be a lesson on why companies have 50 high-priced lawyers drawing up contracts.
 

Hulk

Diamond Member
Oct 9, 1999
5,103
3,626
136
I lost the appeal in about an hour. Unbelievable. I am very close to closing my Paypal account. I am going to dispute the Paypal charge on my credit card.




We have concluded our review of your request to appeal the outcome of the
above case.

PayPal reserves the right to determine what constitutes "significantly not
as described", if buyers and sellers cannot reach an amicable settlement.

A seller may appeal PayPal's decision if the item is returned in a
condition significantly different than its condition when it was received
by the buyer.

However, the damage noted in the appeal of the above case was cited by the
buyer as the reason for the complaint. Therefore, the outcome of the case
will not be reversed and the appeal has been denied.

We regret any inconvenience this may have caused you and encourage you to
work directly with the buyer for further resolution.

Thank you for your cooperation.

Sincerely,
Roxanne
Protection Services Department
PayPal, an eBay Company
 

LouPoir

Lifer
Mar 17, 2000
11,201
126
106
The only way to kill a P4 processor is to turn it on without the HSF. In my years of overclocking the, I have never killed a CPU.

In my opinion, you need to refund the guy his money. The fact that he went to PayPal and not you says he is a real jerk.

IMHO


Lou
 

Matthias99

Diamond Member
Oct 7, 2003
8,808
0
0
However, the damage noted in the appeal of the above case was cited by the
buyer as the reason for the complaint. Therefore, the outcome of the case
will not be reversed and the appeal has been denied.

This seems ridiculous. Your whole argument is that the buyer likely damaged the item. Of course, it's pretty much your word against his.

In general, the seller is responsible for getting the item to the buyer in working condition. If the buyer claims that the item arrived in damaged condition, and Paypal sides with them -- you'd have to go after the shipper for damages. Insurance FTW?

Refusing the Paypal charge on your credit card is an option -- but Paypal will likely not be happy, and there's a good chance they would close your account.
 

corkyg

Elite Member | Peripherals
Super Moderator
Mar 4, 2000
27,370
239
106
How about publishing the buyer's name so we can all put pins in his doll!
 

WoodButcher

Platinum Member
Mar 10, 2001
2,158
0
76
Dirtbag drops a chip and you pay, pal.... A**HOLES!
No advice here, just wanted to let you know how I feel.
Don't let the one dirtbag put you off, most of the world is good.
 

Frintin

Senior member
Oct 3, 2002
383
0
0
Sorry to hear you are having this trouble. Morals are hard to come by nowadays IMHO. Ebay has become a cesspool if you ask me.
 

imported_Nacelle

Senior member
May 8, 2004
933
0
0
You have his address, right? I it were to accidentally get posted here and every one spammed his snail mail. At least you might feel a tiny bit better.
 

Zap

Elite Member
Oct 13, 1999
22,377
2
81
Originally posted by: nunya
Definitely talk to Paypal about this, I can't believe they would side with him in such a situation.

Believe it. Everyone hears of being scammed all the time. How does this happen? Because Paypal for some inexplicable reason usually manages to side with the scammer.

Dude lives 50 miles from you? Perhaps you can take him to small claims court. Will cost you a few bucks, but at least you will have some satisfaction... maybe. If he shows up in court at least you will have an impartial judge look at the evidence. If he doesn't show up, instant win. Once you win, then you can find out where he works and show up to talk to his boss. Alternately if he is living at home, talk to his parents. Don't yell or threaten, just be very firm and polite, and have evidence to back you up (such as court papers saying dude owes you).
 
Sep 1, 2005
87
0
61
From what I've heard, the "fraud" protection on eBay and PayPal blows. They do very little. Now, granted, maybe this sounds kind of silly... because you could argue that they are acknowledging a claim on his end (they're taking his word for it).

Unfortunately, I don't know what you can do. I don't think you have much leverage at all. I hate it when good people get scammed. I hate it when people can't suffer their own consequences. Admittedly, I once damaged Madden 2002 out of rage and returned it to Wal-Mart, claiming it came that way.. but it's one thing to screw a billion dollar business, and another to screw an honest peer.
 

Beelziboss

Member
Jan 11, 2007
82
0
0
However, the damage noted in the appeal of the above case was cited by the
buyer as the reason for the complaint. Therefore, the outcome of the case
will not be reversed and the appeal has been denied.
So using this logic i can buy whatever I want, Run it over with a bulldozer and then complain i recieved the item flat as a pancake and in non-working order and Paypal will refund my money. Excellent.
 

Snooper

Senior member
Oct 10, 1999
465
1
76
Originally posted by: WinnieThePujols
but it's one thing to screw a billion dollar business, and another to screw an honest peer.

Actually, this is the very same logic that leads to people like the CPU buyer. Once you start letting in loopholes in your morals, it's just a matter of time before you really don't have morals.

And even for a large company like Wal-Mart, if they have a million customers trying to cheat them or out right steel from them, then WE end up paying more to cover their losses. Because they can't and won't cover it out of there profits.

 

bluestrobe

Platinum Member
Aug 15, 2004
2,033
1
0
Originally posted by: SuperNaruto
usually when you put as is, it sells for half as much as one with warranty.. if you look on ebay, most of the as is no warranty are cheaply sold.. anyway i wouldn't warrant something like a cpu anyway.. half the world tries to oc it..

Getting scammed by too many buyers such as the OP went through is the main reason I have such a disclaimer in my auctions. I sell everything "as-is" and also won't take responsibility for items damaged during shipping if the buyer doesn't buy insurance. However, if the item arrives damaged by the shipping service or shows up DOA, then I more than likely refund the money or make a partial refund. It depends on the attitude of the buyer and if the damage was from a lapse in the packing process or the buyer left it outside on his porch in a rainstorm. I might lose a few high bidders but the money I save by not being scammed like the OP makes up for it. Only had bad feedback from when I was selling old Mac computers. The buyers expected they were buying museum quality computers when the pictures clearly showed they were old, yellowed with age, and some of the cosmetic feet were missing. They demanded a full refund and a fee for their time it took to hook the system up and see if it works (which it did).
 

Hulk

Diamond Member
Oct 9, 1999
5,103
3,626
136
PayPal has received online tracking information for the return of your
item(s):

You can resolve this case faster by logging in and indicating that you have
received the returned item. This will release the refund to the buyer
automatically. If you do not report the item returned, PayPal will verify
the tracking information and release the refund for you with no penalty.

Thank you for your cooperation.


Sincerely,

Protection Services Department


Later the same day (2/21/2007) I received the following e-mail from Paypal:

After careful consideration of the evidence provided in the case detailed
below, we have completed our investigation and decided in favor of the
buyer. Under terms of our User Agreement, we have debited the following
amount from your PayPal account as a refund to the buyer: $107.50 USD


I then appealed the claim. I sent photos of the processor that I used for the auction and ones I took the I received the processor from the buyer. These electronic images have EXIF information that verifies the date the photo was taken. I later learned that all attachments are stripped from e-mails to Paypal so they would not view these photos.

About an hour after filing the appeal I learned that it was rejected in the following message from Paypal.

We have concluded our review of your request to appeal the outcome of the
above case.

PayPal reserves the right to determine what constitutes "significantly not
as described", if buyers and sellers cannot reach an amicable settlement.

A seller may appeal PayPal's decision if the item is returned in a
condition significantly different than its condition when it was received
by the buyer.

However, the damage noted in the appeal of the above case was cited by the
buyer as the reason for the complaint. Therefore, the outcome of the case
will not be reversed and the appeal has been denied.

We regret any inconvenience this may have caused you and encourage you to
work directly with the buyer for further resolution.

Thank you for your cooperation.

Sincerely,
Roxanne
Protection Services Department


I called Paypal on the evening of February 21, 2007 and was told that it basically didn?t matter what I told Paypal. When a buyer says the part was received not as described in the auction the decision will be made to refund the buyer as soon as condition of the part as described by the buyer is verified. I told them that the first initial quote from the buyer ?hi i try this and is not working so can you please refund me the money or send me one that works? proves that the buyer is being dishonest.?

The interesting thing about this statement is the fact that you physically cannot ?try? a processor with damaged pins since you can?t plug it into the motherboard. It is also extremely suspicious to me that the buyer wouldn?t tell me what was wrong with the processor but did tell Paypal that the pins were damaged. He knew that I would vehemently deny the possibility of bent pins and would use the e-bay auction photo as proof that the pins were not bent. He knew it was to his interest to keep me in the dark as he executed his scam.

Another suspicious part of this dispute is the fact that not only was the processor damaged but the heatsink was damaged as well. It appears as though he dropped it. Perhaps to make sure that both parts were damaged so it looked like they were really banged up in shipping. Or maybe he did this to ensure that I wouldn?t request him to pay for the heat sink? Who knows how the criminal mind works?

I should also note that it is impossible for the processor or heat sink to have been damaged in this manner they were during shipping. The processor was in a plastic container, wrapped in bubble wrap, and then put in a box with foam ?popcorn? packing material. The box would have to have been completely destroyed for the heat sink to have been damaged. This is even more unlikely considering the fact that the package only went across town. No, the bent pins on the processor looked much more likely to result from improper insertion into the motherboard.

After going in circles with the Paypal representative for about an hour I requested to speak with a supervisor. I explained the situation to the supervisor called ?Jack.? I also found out that Paypal will not provide last names of any representatives. Nor will it allow you to speak to the dispute resolution specialist who made the decision on your case. In fact the dispute resolution specialists do not answer any phones calls.

I must say that Jack was patient and listened to my claim and seemed to feel my pain. I can?t say that for the first representative with whom I spoke. Although Jack couldn?t do anything about the resolution of the dispute he did offer me a $50 credit to my Paypal account in order to keep me as a Paypal customer. This offer did provide me with some comfort but I am still angry that the buyer got away with this crime.

Here are my conclusions and recommendations from this experience.
1. If a buyer claims a part was damaged during shipping and decides to damage the part because he/she decides he/she doesn?t want it there is nothing the buyer can do about it. Someone can buy a processor, overclock it, burn it out, and then return it for a refund as being ?not as advertised? by simply bending a few pins.
2. The only recourse the buyer has it to insure the product. The problem with this solution is now the insurance company has to pay for the buyer?s theft.
3. Paypal will not look at the buyer and seller?s e-bay feedback, which I believe is critical in determining which party is likely to be telling the truth.
4. Paypal will not closely examine the exchange between the buyer and the seller to further determine who is being dishonest. As noted in my case the buyer said he tried the part, which would be impossible with broken pins. It is also suspect that he would not work with me to resolve the issue but immediately escalated to a dispute. They say they look at the exchange but they don?t care about it.
5. Paypal will not accept photographic evidence relating to the dispute. There is no court of law that does not accept evidence. Paypal should at least view the evidence and then decide if it is pertinent in the dispute. Paypal has made itself judge, jury, and executioner but will not dirty its hands ?examining evidence.?
6. Buyers should not accept Paypal funds if they want to avoid these issues.
7. Paypal should allow the buyer and seller to speak with the dispute specialist that decided the case. Instead this person is shielded by representatives that tow the company line with worthless platitudes.
8. Paypal should not further infuriate the buyer by rejecting his/her claim in a form letter and then end it with ?We regret any inconvenience this may have caused you and encourage you to work directly with the buyer for further resolution.
Thank you for your cooperation.?
 

Hulk

Diamond Member
Oct 9, 1999
5,103
3,626
136
Originally posted by: Beelziboss
However, the damage noted in the appeal of the above case was cited by the
buyer as the reason for the complaint. Therefore, the outcome of the case
will not be reversed and the appeal has been denied.
So using this logic i can buy whatever I want, Run it over with a bulldozer and then complain i recieved the item flat as a pancake and in non-working order and Paypal will refund my money. Excellent.


Yes you are correct. I asked the Paypal representative about this and he said "eventually they would see the pattern."
 

networkman

Lifer
Apr 23, 2000
10,436
1
0
Welcome to the "Screwed by PayPal Club". :frown:

I got burned twice; the first was similar to your situation, and the other was a claim that the item was never delivered even though I could prove it was because of Fed Ex tracking, signature confirmation and the FedEx driver contacting them. Didn't matter - the buyer must be right. I lost over $300.00 on that deal. I dumped PayPal and I'm never going back! :|
 

Clinth

Senior member
Dec 11, 1999
569
0
0
Sorry to here that...yes paypal sucks, I got 432 still limited by them, I'm a verified and started with Xcom(paypal bought them out). no explanation and nothing I can do except file complaints...

Never to use again. to many other options out there. But if you want to take it any further I can give you the right FTC department, Ca attorney general's addy, and there corp. headquarters addy..... Yea they real pissed me off.


feeling your pain,
Clinth
 

AlgaeEater

Senior member
May 9, 2006
960
0
0
I think everyone who has had Paypal has been wronged by them one way or another.

For me, even though I've fortunately gotten my money back against 2 claims that would of put me out of $2,200, I dumped my first account I made with them way back when. I only hold a skeleton paypal account that's tied to my most secure credit card (Never again bank account, ever), and I will be closing that too soon as well once I get this recent $15 dollar promtion from them (If even that).

It's a crappy service, and they get away with things like this all the time. They always play the "It's not our fault you got scammed attitude", and that's what really pisses me off.
 

God Mode

Platinum Member
Jul 2, 2005
2,903
0
71
if enough people with solid evidence yet still screwed by paypal filed a class action suit. :|
 
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