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Category: Australia Law
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I paid for an item on ebay by bank transfer . the item was

Customer Question

I paid for an item on ebay by bank transfer . the item was a fraud, ebay withdrew the item when it was discovered but did not contact any one who had commited to purchase . I sent the money 4 days after it was removed for sale which shoud have gived ebay plenty of time to contact me. they admit all this but will not refund the money. I have all this on emails from ebay. I am a pensioner and cannot afford to lose $520
Submitted: 4 years ago.
Category: Australia Law
Expert:  Advocate replied 4 years ago.

DearCustomer

 

Thank you for your enquiry. I am sorry to hear that you have lost money on Ebay. In order to assist you further, please reply to the following;

 

a. Was the bank transfer made to a person within Australia?

 

b. Does Ebay say that you are not entitled to relief under its Buyer Protection Program?

 

If so, is this because you did not pay by Paypal?

 

I await your further reply.

 

Sincerely,

Mary A.

Customer: replied 4 years ago.
to
Subject:Re: FR=C00157 [#AU 01003T A97 ?01 ] (KMM18688920I15977L0KM)Received:Mar-03-10
From:eBay Customer SupportExpires:Mar-03-11
Hello Archie,


Thank you for writing eBay in regard to an item you have not received.

Archie, I understand your concern about an item you received that was
involved in an account takeover. When this occurs like Jeannette stated
the item will be removed from ebay which will no longer show in your won
folder on ebay. We also send emails to any members who have won an item
from this account or are involved when this has occurred. I do
apologise if you did not receive that email however, we remove the item
as well in case our members dont receive the email so that they cannot
pay for the item.

I always suggest using paypal as this is the only way you are going to
be protected in anyway on ebay. When you use bank transfer ebay cannot
confirm this which gives no protection. A bank transfer is placing
funds into another members bank account authorising that this is their
money which at that point we have to authorization to verify this. The
previous responses have links to report this to the online crime with
the Queensland Police Department and you can also go to your local
authority.

http://www.police.qld.gov.au/programs/crimePrevention/eCrime/internet/report/

Again I do apologise that this has occurred but when using bank transfer
with any transaction or amount you are not insured and there is nothing
set in place we can do to get a refund for you. If you have further
questions or concerns then email me back and I would be happy to help
you.

It is my pleasure to assist you. Thank you for choosing eBay.

Warm regards, XXXXX
eBay Customer Support Team
_______________________________
Buyer protection on eBay.com.au has improved! PayPal Buyer Protection
will now cover eligible items for AU$20,000. Conditions apply.*

*PayPal Buyer Protection and PayPal Seller Protection are subject to the
terms and conditions in PayPal's User Agreement, incorporating the Buyer
Protection policy and Seller Protection policy which include details on
eligibility criteria and the discretionary nature of the policies. For
more information, go to: http://pages.ebay.com.au/paypal/new-buyer-protection.html


The PayPal service is provided by PayPal Australia Pty Limited (ABN
93111 195 389) which holds an Australian Financial Services Licence,
number 304962. eBay International A.G. is an authorised representative
(number 308318) of PayPal for the purpose of providing information about
PayPal. eBay and PayPal are not acting as your agents, are not
providing personal financial advice to you and do not take your
individual circumstances into account in providing information about
PayPal. You should consider the Product Disclosure Statement at https://www.paypal.com/au/cgi-bin/webscr?cmd=xpt/UserAgreement/ua/PolicyPDS-outside
and the Financial Services Guide at http://pages.ebay.com.au/help/contextual/financial_services.html
before deciding to sign-up for or use the PayPal online payment service
at https://www.paypal.com.au/



Original Message Follows:
------------------------

Form Message: %43433% 021305
D_ID030320102219D_ID/W_ID194038297W_ID/S_ID015S_ID
User Feedback: 211
User State: ?01


Browser info: Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 5.1;
Trident/4.0; InfoPath.1; .NET CLR 2.0.50727; .NET CLR 3.0.4506.2152;
.NET CLR 3.5.30729)

Topics

Message: I HOLD EBAY RESPONSABLE FOR THE FRAUD WHICH OCCURED AS YOUR
SECURITY TEAM ALLOWED THE TAKOVER OF THE ACCOUNT AND WHEN THEY
DISCOVERED THE FRAUD HAD PLENTY OF TIME TO NOTIFE ME 4 FULL DAYS. I
STILL EXPECT A FULL REFUND


Previous Message Follows
-------------------------


Hello Archie,


Thank you for writing eBay in regard to your concern with your item that
you have not received.

Archie, I certainly understand your concern with this situation. I
understand you wish to have eBay issue a refund for this purchase.
However, the only payment method that offers buyer protection is PayPal.


When reviewing this item it was removed from eBay on 8 Feb 2010. If you
had gone to pay for this item after 8 Feb 2010 through my eBay>won items
this item would not have shown up in your won folder as it had already
been removed from our site.

Archie, I recommend you contact the local police regarding this matter.
While eBay does not contact authorities on your behalf, we do assist in
their investigations. You can file a complaint with the police on the
Queensland Police Website. They will refer the complaint to the
appropriate state. Here is the link for your reference.

http://www.police.qld.gov.au/programs/crimePrevention/eCrime/internet/report/

If you do contact police, let them know that eBay may be able to help
their investigation and that they can contact us by going to:

http://pages.ebay.com.au/securitycentre/law-enforcement.html

Help Pages:
I didn't receive an item I paid for. Does eBay offer insurance?
http://pages.ebay.com.au/help/tp/questions/protection-program.html
Transaction Problems and Protections ? Overview
http://pages.ebay.com.au/help/tp/problems-ov.html

Archie, I understand your frustration regarding this matter and
apologize for the inconvenience it caused you. It is my pleasure to
assist you. Thank you for choosing eBay.

Regards, XXXXX
eBay Customer Support Team
_______________________________
Buyer protection on eBay.com.au has improved! PayPal Buyer Protection
will now cover eligible items for AU$20,000. Conditions apply.*

*PayPal Buyer Protection and PayPal Seller Protection are subject to the
terms and conditions in PayPal's User Agreement, incorporating the Buyer
Protection policy and Seller Protection policy which include details on
eligibility criteria and the discretionary nature of the policies. For
more information, go to: http://pages.ebay.com.au/paypal/new-buyer-protection.html


The PayPal service is provided by PayPal Australia Pty Limited (ABN
93111 195 389) which holds an Australian Financial Services Licence,
number 304962. eBay International A.G. is an authorised representative
(number 308318) of PayPal for the purpose of providing information about
PayPal. eBay and PayPal are not acting as your agents, are not
providing personal financial advice to you and do not take your
individual circumstances into account in providing information about
PayPal. You should consider the Product Disclosure Statement at https://www.paypal.com/au/cgi-bin/webscr?cmd=xpt/UserAgreement/ua/PolicyPDS-outside
and the Financial Services Guide at http://pages.ebay.com.au/help/contextual/financial_services.html
before deciding to sign-up for or use the PayPal online payment service
at https://www.paypal.com.au/



Original Message Follows:
------------------------
I am requesting a full refund from ebay as a fraud has taken place which

could have been avoided, Please check the last chat session I have had,
It seems the item was discovered as a fraud on Monday 8th feb I did not
send
money until the 12th feb which gave you 4 days to contact me not to send

money. You did contact me to say I had purchased the item the same day.
I
would suggest your security people had enough time to contact any and
all
buyers to this fraud. I would not have sent money by bank transfer (I
always
use pay pal) if not for the 100percent rating ebay gave to the seller
and
the 15-17 coffee machines already purchased. I would appreciate a quick
response as I am a pensioner and cannot afford to lose $532

----- Original Message -----
From: "eBay Australia Customer Support - aurswebhelp"
<XXXXX@XXXXXX.XXX>
To: <XXXXX@XXXXXX.XXX>
Sent: Sunday, February 28, 2010 3:12 PM
Subject: Re: FR=C00157 [#AU AU $AU 01003T A97 ?01 -01 ]
(KMM18332556I15977L0KM)


> Hello Archie,
>
> Thank you for writing eBay in regard to an item not received and the
> suspicious email you received.
>
> I'm sorry to hear about this situation. I have looked into why the
item
> was removed from eBay.
>
> The items recently listed with this account were the result of an
> unauthorised account takeover. We were not aware of this activity
until
> after the listings appeared on the site.
>
> As soon as we became aware that an unauthorised person took over this
> account, we acted to resolve the problem. We removed these items from
> eBay and we are currently in the process of restoring the account to
its
> true owner.
>
>
> The email you received appears to the from a fraudulent person
> attempting to scam more money out of you. Please do not send any more
> money to this person. I also suggest you do not respond to any
further
> emails sent from this person.
>
> Unfortunately because you did not pay via PayPal, we can not offer
buyer
> protection for this purchase.
>
> http://help.ebay.com.au/Help/Buying/Buying_basics/Protection_programs-and-tips
>
>
> I suggest you contact authorities in your area and the area where you
> think the seller resides. Please provide them with details on where
you
> sent your money. For more information about contacting authorities,
go
> to:
>
> http://www.police.qld.gov.au/programs/crimePrevention/eCrime/internet/report/
>
> Although eBay cannot contact the authorities on your behalf, we may
help
> with any investigation. If you do contact the authorities, you can ask
> them to email eBay at:
>
>XXX@XXXXXX.XXX
>
> If you need further assistance, please don't hesitate to reply to this
> email and let us know.
>
> Sincerely,
>
> Eddey
> Trust & Safety Team
> _______________________________
>
>
>
> Original Message Follows:
> ------------------------
>
> Form Message: %43433% 021305
> D_ID022720101629D_ID/W_ID193672166W_ID/S_ID015S_ID
> Subject: FR=C00157 [#AU AU $AU 01003T A97 ?01 -01 ]
> User Feedback: 211
> User State: ?01
>
>
> Browser info: Mozilla/4.0 (compatible; MSIE 8.0; Windows NT 5.1;
> Trident/4.0; InfoPath.1; .NET CLR 2.0.50727; AskTB5.6)
>
> Listing Violations > Fraudulent listings (illegal seller demands, you
> didn't receive item etc) > You paid but didn't receive your item;
> 122.110.23.202
>
> Reporting member: archie1608 211
>
> Member being reported: cace12345 127
>
> Buyer Status: 0
>
> Item number:
> 230434295306 ; AU !33332! 111705
>
>
> Payment Method: Bank to Bank Wire Transfer
> Date of Payment: 02/08/10
> Dispute Resolution: Yes - Other (specify below)
> Seller Contact: Yes, But the issue is unresolved
>
> Customer concern: contacted on line ebay they sugested i open a
dispute,
> 230434295306 this number for coffee machine does not come up in my
items
> purchased? this is a copy of last email received on sat 27th
> Dear friend:
> Thanks for your letter!
> The very sad E-mail gives you.
> The international aviation express delivery of DHL is right.
> Your coffee machine is in the customs detention now.
> So you can not check your coffee machine now.
> The maritime customs says that your coffee machine didn't pay the
tariff
> Only pay the tariff AUD:227.50
> The maritime customs will send a pass of your coffee machine
> unconditionally.
> If you want to own your coffee machine as soon as possible,
> Please as soon as possible the tariff of the salary coffee machine.
> Certain you to the coffee machine end tariff payment,
> I will arrive the maritime customs to pay the tariff immediately.
> I think that that you would own your coffee machine is very quickly
very
> quick.
> Happy do business with you.
> With gratitude and wait for your good news!
> I usualy pay customs at this end and he wants me to send the money to
> him not the customs, .
> The ebay item said he had sold 15 and had a 100percent record
otherwise
> I would not have sent the paymente
> use paypal for all purchases.
>china I have inclosed email information which should provide all information
Expert:  Advocate replied 4 years ago.

DearCustomer

 

I note your response and the emails you included therein, with thanks.

 

I still need your answer to;

 

a. Was the bank transfer made to a person within Australia?

 

as the emails were not clear on who you made the payment to and whether it was an Australian bank account?

 

I await your further reply.

 

Sincerely,

Mary A.

 

Customer: replied 4 years ago.
Relist: No answer yet.
Expert:  Advocate replied 4 years ago.

DearCustomer

 

I have not received a reply to my questions seeking more information from you.

 

I still need your answer to;

 

a. Was the bank transfer made to a person within Australia?

 

as the emails were not clear on who you made the payment to and whether it was an Australian bank account?

 

I await your further reply.

 

Sincerely,

Mary A.

Customer: replied 4 years ago.

sent to

My name: Yun Luo
First name is: Yun
Last name is: Luo
Address: Room 1299 Building 216#
Nanyang No.7 Qu
City: HeNan
zipcode:474250
Nation:China
Bank wire transfer
BANK OF CHINA HENAN BRANCH
No.8 Nanyang,Henan,China
A/C holder's name:Luo Yun
A/C No:636666-02003-7732
SWIFT code: BKCH CN BJ 530
IBAN/SWIFT(BIC)code: BKCHCNBJ530
(First name is: Yun Last name is: Luo )

Expert:  Advocate replied 4 years ago.

DearCustomer

 

Thank you for your further reply. I am sorry that you have been the victim of fraud.

 

Although I understand where you are coming from in so far as Ebay's notification procedure is concerned, however, if you want to establish that they were negligent in failing to send you an email, you would have to prove that in Court and it is not worth running the risk of commencing an action of this nature against it.

 

However, you may be able to lodge a claim with the Office of Fair Trading, Queensland about their procedure on notifying you late about the fraud. The office may not consider that you are a consumer of Ebay and you may not be able to succeed, but it is worth you talking to this Department.

 

Otherwise, your contract was with the Chinese person who failed to deliver the merchandise you paid for.

 

As you know, Ebay's protection policy only arises in certain circumstances, and it does not involve transactions paid by way of direct bank deposit/bank transfer.

 

You will be aware that Ebay wants people to pay through Paypal, as this may have protected you, however, even then, sometimes the payment cannot be recovered by Paypal.

 

The fact that you have sent payment to someone overseas makes it very difficult to find that person and to sue them in order to recover your $500.00.

 

You may want to report this incident to the Police and see whether Victim Assist, Queensland can assist in offering compensation as a victim of crime, in your situation. Their website is below;

 

http://www.justice.qld.gov.au/justice-services/victims-of-crime

 

I wish you well. If you have any other questions, please let me know. Otherwise, please don't forget to press the "Accept" button upon receiving this answer to your enquiry.

 

Sincerely,

Mary A.

 

 

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