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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3635
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am a new online merchant that recently had a ~$700 cc chargeback.

Resolved Question:

I am a new online merchant that recently had a ~$700 cc chargeback. This is a big blow as I do not have a very high income and I don't do a lot of sales online.

The customer received an RV Air Conditioner that had a foam gasket that was damaged in shipment. Customer said they were going to contact the shipping company to take care of it. Next thing I know the customer files a chargeback and it gets approved and I have nothing to show for it.

What are my options? What is the best option? (Keep in mind I don't have a lot to gamble on this problem, but a loss that big has had a big effect on my life)
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

Other than suing the buyer in small claims court, the next best thing to do would be to contact the actual credit card company and dispute the charge back.

This will not be paypal, but the buyer's actual credit card company. You should contact paypal and state that you are disputing the charge back and that the item was never returned to you and that you want to contact the buyer's credit card company to file the protest.

The next thing you can do is send a written claim to the shipping company showing the charge back and demanding that they are liable for the damage.

Please let me know if you need further information.

-ZDN
Customer: replied 1 year ago.

Paypal will not give me the customers credit card contact info. I also tried filing a claim with FedEx and they say the shipment was in good condition before entering the customers hands, so they denied the claim.


 


Still stuck in the same boat...


 


This is a major blow, I am one person running the business on the side to make ends meet. $700 is a HUGE amount for me right now.

Expert:  Zachary replied 1 year ago.
Have you logged onto your Paypal account to use the dispute resolution services?
https://www.paypal.com/cgi-bin/webscr?cmd=xpt/cps/general/PPDisputeResolution-outside

The things Paypal looks at in these situations is whether the item was delivered so that it exactly matched the description. So you need to show that the item was delivered without damage (proof provided by FedEx) and that the item matched the description you provided. And you need to inform Paypal that the item has been kept by the the customer.

From what I've read, Paypal often sides with customers in these situations, and leaves the merchant without payment. You may have already gone through the dispute resolution process with Paypal. This puts you in the position to where you have really only two options if you have exhausted the Paypal dispute resolution claims process. Both of these options involve suing either Paypal or the customer.

Does the customer live near you?

-ZDN
Customer: replied 1 year ago.

I have went through the paypal ringer with no luck. They said technically I'm not even covered by their protection since I'm using paypal on my website (PayPal API) vs having payment go straight through their website. But they said the ultimate say is up the CC company basically from what I've encountered and read, Paypal doesn't really do much if any fighting for you.




The customer lives 3 states away. It would not be cost effective to sue or take to claims court (since I believe that would be in the customer's state).

I know it's looking like there is nothing I can do and what scares me about that is knowing that it could happen again and again and I could potentially be out thousands of dollars because of all of it.


 


 

Expert:  Zachary replied 1 year ago.
You are correct in that the claim against the customer would have to be in small claims court of the customer's state. Nevertheless, Paypal should not reverse a transaction where there is adequate evidence that the delivery was made if the customer does not return the goods. To enforce this would also require court intervention.

In regard to future transactions, I would suggest signing up with a different credit card processor (other than Paypal) to put on your website. If you are using Ebay or some similar platform, I'm not sure that there is an option for credit card processing other than Paypal.

Here is some material which might be of help to you:

http://www.sba.gov/content/online-payment-services

http://www.pcadvisor.co.uk/how-to/internet/3372182/6-easy-ecommerce-shopping-carts-for-small-business-websites/

Please let me know if there is anything else I can do for you.

-ZDN

Customer: replied 1 year ago.

Last thing and I will close the question, I greatly appreciate your help so far!


 


Could I report the product as stolen through his local police department?


 


Could I get a collections agency to go after him?


 


I feel like some type of repercussion needs to happen to the person who got away with a (in my opinion) expensive product and the money for the product.

Expert:  Zachary replied 1 year ago.
Hi,

Sorry for the delay in response.

Yes, you could absolutely report the product as stolen and could initiate a collections agency to go after him.

The theft charge would be theft by fraud. In regard to initiating a collections agency, there are many out there to choose from. Here is a Forbes article that I found insightful: http://www.forbes.com/sites/insidearm/2011/07/12/need-to-hire-a-debt-collector-heres-some-practical-help/

Please remember to rate my services positively so that I might receive compensation for my work.

Please let me know if there is anything else I can do for you.

Best Regards,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3635
Experience: Lead trial/International commercial attorney licensed 11 yrs
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