I bought a 700$ camera from guy on ebay (he had 93 positives) and he stated clearly in his emails if I was for any reaosn unhappy with the camera I could send it back. Well, I got it, it was defective, so I emailed him that I was sending it back, and he said I would have to pay the final value fees and the paypal fees 2.9%, I said FINE A-hole, whatever, just give me back my money, he said well you have to send it back first, I said fine, and shipped it fedex before work. Now 4 hours later when I get home from work, I got another email saying that the ebay address is his wives account and she also will charge a 12% restocking fee on top of the 50$. I said no way, you may take one or the other but not both, since it is not that I am just simply returning it but it is defective. (which I thought was extremely generous on my part) and he sent me another email saying he is not in the business of shipping aroun products to people for free. I sent an email back stating that I am not in the business of buying defective products, and after that he said, I WAS going to do the return as a favor to you, but now you can keep it, and I ALREADY SENT IT BACK(also, when I sent it back, I asked for his phone number and he gave me a fake number, because I called it, and then I requested his real number through ebays request user info, and called him at work, when all I wanted it for was to put on the fedex shipping label to send it back to him). I called amex tonight and put the entire amount in dispute, what do you guys think my chances are? Should I just eat the 120 dollars and take what I can get, or fight it? This is just killing me, I am only 21 and in college and that was my savings account. And the worst part is I left him positive feedback for fast shippment and responding to all my emails, as I did not see the severity of the problem until a day after I left the feedback. Sorry so long, I just needed to vent and see if anyone can lend a helping hand. If anyone knows of anything I can do, please help me out. :-(
Return Protection Our exclusive Return Protection Service offers you guaranteed product satisfaction on designated items purchased entirely with an eligible American Express Card. This is particularly valuable when that new sofa doesn't sit so well in your living room. Or when you look in the closet and discover there's nothing that matches those new loafers. If you try to return a designated item within 90 days from the date of purchase and the merchant won't take it back, American Express will reimburse you for the full purchase price, up to $300 per item and up to $1,000 annually per Cardmember Account. Simply call 1-800-297-8019 for additional questions or to initiate your request for a refund. Within 30 days from the date of your initial call, we will need to receive the original store receipt, your American Express record of charge, and any other items deemed reasonable by us to process your request. Once your request is approved, you will be instructed to send the purchased item to us within 30 days. Please keep a record of your shipping statement, as you will need to provide proof of shipping and handling charges for the item. Please see additional limitations. Source: AMEX WEBSITE
I am not sure how Amex chargebacks go, but I work Chargebacks for Bank One Visa primarily, some MasterCard. Defective is a very easy chargeback to process and win. Simply attempt to resolve with merchant, send merchandise back, if the merchant refuses to be helpful, we can go ahead and process the chargeback immediately. If the emrchant accepts the emrchandise and is willing to credit your account. We have to give the merchant 30 days by regulations to process and issue a credit to your account. The part that is still in gray areas, is the use of Paypal or another payment service. Since this would be the charge that appeared on your credit card statement, i.e. Paypal * Jaboom97, technically Paypal did their part and I know some banks refuse to do Paypal disputes duue to the above reason, Bank One still process Chargebacks against Paypal, until Visa and MasterCard make changes to their regulations we will continue to do so. Otherwise there would be many People SOL. I would say 5-10% of all disputes are somehow related to Paypal and Ebay, those are always fun, since we receive 30-50 pages of documentation to sift through!!! I had a case I was assigned to last night, and Payp[al refused to help since the cardmember contacted Paypal 2 hrs after Paypal's 30 day window to dispute. I was so mad at Paypal for that cardmember reall made an attempt, the bad part is the cardmember wasn't contacted until this time frame had elapsed and the merchant basically said I am going out of business and I don't have your money anymore, sorry. Definitely gave that person a credit for their charge. I know this did not help out at all, because you used your American express card, hopefully they will be able to assit you. I don't see why not. AE are really good at their work and keeping their Cardmember's happy. They have their own Chargeback rules, since they are not goverened by Visa or MasterCard. Jeremy
pretty good but read your disclosure carefully. they are not the same between various amex. AND VERY MUCH not the same on business. the business amex folks will go to bat (on business purchases). Where the fine line is , of course, is overseas items, and questionable purchases. Lol nothing happens in the first 30 days. IMO all CC and paypal companies should honor 90 days or at least 60 days. It's quite easy for a shipment, say from overseas to take over 30 days to arrive. However its also quite easy for someone to stall you (ebay,paypal) to fall within the 30 day mark. 30 days is simply not long enough with online transactions. I've started an auction, ended it. Took 7 days after the auction (rude! buyer!) to get payment by paypal, during which time i emailed him and said i was going out of town. Well i came back, and there was a paypal lock on my account. Fortunately, i stated my case and my long standing membership (day 1 of paypal.com and x.com) and included evidence. The buyer rightly had right to complain, but it was circumstance. he was forced to complain because of the 30 day payment rule. I was out of town on holiday when the payment arrived. I did not ship the package until after the 30 day time period (roughly, given weekends). Communication was limited, (he was a retard). Anyhoo. I always expect payment in 48 hours (or else) as a rule. I pay when an ebay auction ends within 8 hours by my own rule. I expect shipment or myself to ship within 48 hours (2 business days) with full tracking on the order. This has prevented any more faults of mine or others.
30 days to dispute for paypal at paypal website. Visa/MC follow reg z procedures, except quality falls a little different and sometimes Visa will give you an extension if you are diligently trying to work with the merchant and can show so, and also we can go use the day of discovery, which is the day that you contacted us-- it works on our part to process the chargeback, otherwise you have 60 days to contact us from the date the statement prints containing the charge, we have to repsond within 30 days or resolve within 2 billing cycles not to exceed 90 days. We can still process the chargeback 118 days domestic/178 international, but like I said quality and defective sometimes have built in extensions, and you are not to be held liable for merchant restocking fees or original shipping fees(in some cases also return shipping fees) unless you were told prior to the transaction--improper disclosure, we would process the Chargeback for the entire amount of the charge. It makes sense since you wouldn't usually be returning the product if it wasn't defective or damaged, so why should you have to pay for the amounts, now if you return due to buyers remorse, well then you should realize that the shipping and any other fees are your repsonsibility unless of course again the merchant did not properly disclose them. Plus since this was a Mo/to charge--mail order/telephone oorder--i.e. computer order, your rights are even better since we have to take the cardmembers word, since there may not be sufficient proof that proper disclosure took place. Again good Luck
thanks so much, this still gives me hope I filed a dispute through amex and a buyers complaint through paypal, so I think I did everything I could, hopefully verything turns out okay.
Since then he has sent me one more nasty email telling me to keep the camera even though he knows I already sent it back to him. My amex statement doesn't close until the 24th so I cannot dispute it with amex until the statement closes, I filed a buyer complaint against him on paypal, but now I am worried if I wait until my statement closes he will have the camera and my 700$. My mom is telling me to not write him back, print out all of the emails he sent me, and wait till my statement closes because amex WILL take care of it. Do you guys have any more thoughts for me on this?
also, the guy that said he would set up the dispute with me at amex obviously did not because I was told by two reps today that billing inquiries cannot be setup until the statement closes, so...
