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Paypal trying to send me to collections?

Discussion in 'The Lounge' started by garlicbreath, Feb 20, 2007.

  1. garlicbreath

    garlicbreath 1/2 ton status

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    I am hating paypal more and more.
    So I sold this phone on ebay a while back, guy pays with paypal, then says the thing doesn't work and wants a refund.
    Problem is he won't send the phone back, so I won't give him a refund.
    He files a complaint with paypal, for some reason they take his side and decide he deserves a partial refund.
    This was 6 weeks ago.
    Well today I get a letter in the mail from a collection agency on behalf of paypal for the money!!!
    I didn't have any money in paypal when the decided for him, so they couldn't take any money from me.
    What the hell do I do?
    I am buying another house next month, and have spotless credit so I don't want to have to pay him just to get the home loan, and the paypal account was in my old name anyways from before I got married. (long story, and no I didn't take her name, we made a new one)

    Can they come after me for this?

    I always thought in order for someone to collect from you you had to apply for credit and not pay or have a court order you to pay, like a traffic ticket or a judgement.
     
  2. 4X4HIGH

    4X4HIGH 1 ton status Premium Member GMOTM Winner

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    I wouldn't worry about it. You sold a phone and got paid for it, end of story.
     
  3. Confedneck79K30

    Confedneck79K30 3/4 ton status

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    not quite... it will follow you to your old name to your new name...ask me how i know... lol
    how much is the collection for? call paypal and ask them why they sided with him and why he doesn't have to send the product back? tell them as soon as you get a phone back he'll get a refund...
     
  4. 4X4HIGH

    4X4HIGH 1 ton status Premium Member GMOTM Winner

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    Items are sold AS IS WHERE IS unless otherwise stated. There is absolutely nothing that can be legally done unless he defrauded the guy in some way and it can be proven.
     
  5. dhcomp

    dhcomp 3/4 ton status Premium Member

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    um, might not be worht paying. If it actually went to a collection agency ( i doubt it in that time frame), that will go on our credit history regardless if you pay it now or not. Stays there for 7 years too.....sorry man.
     
  6. garlicbreath

    garlicbreath 1/2 ton status

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  7. Cmoe

    Cmoe 1/2 ton status

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    I would check this old paypal account to make sure that this has really been done or if it's a scam and if it is true than I would contact paypal as stated before for more info. He needs to return the phone for a refund!
     
  8. 454k30

    454k30 1/2 ton status GMOTM Winner

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    if it goes to collections call a lawyer. Yes it will cost you more money but the court can order the return of your phone and then you can get your credit report fixed as well using that court's ruling. Well it worked for me anyway with a similar situation.
     
  9. W7NB

    W7NB 1/2 ton status

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    Cover your bases!

    Immediatly send a letter of dispute to the credit agency. This forces the credit agency to go through due diligence before they can post anything negative on your credit report. Include that all correspondence relating to the complaint should be in writing via US postal service. This is your legal right.

    While the credit agency can't "Take" the money from your bank account or garnish wages etc without a court judgement they CAN post a negative comment on your credit report.

    Credit agency is probably a front for paypal, but they will return it to paypal as disputed. Tell paypal you will give a full refund if the telephone is returned in the condition you sent it in.

    If they still give you the runaround call them. Ask for a supervisor. Explain you will pay the claim, but will close your paypal account permenently. Ask if they are willing to accept the long term loss of revenue from your account over the transaction and the other parties unwillingness to negotiate in good faith.

    Hmm... Do you think I've been through this one before?
     
    Last edited: Feb 20, 2007
  10. 454k30

    454k30 1/2 ton status GMOTM Winner

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    sounds like good advice to me!
     
  11. Confedneck79K30

    Confedneck79K30 3/4 ton status

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  12. bear76

    bear76 1/2 ton status

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    How much are they asking? In the long run it might be better just to pay it off, somtimes you can't win with large companies. Yes, I sounds much better to say F them, but how much money will you lose over time with even ONE bad mark on your report. If the bad mark is already there, still pay it if you can and have paypal send you a letter stating that. This is for the future, when you buy a car or another house. If it is not on your report, pay paypal directly not the collections people. Then call the collections Co. and tell them the account is paid (show proof) and document it. If that Co. calls you again, call your lawyer and sue.

    But, If it's only like $20 pay it and move on.
     
  13. MTMike

    MTMike 1/2 ton status

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    You must dispute it with the collecitons agency within 30 days. If you ignore it you default to accepting the debt as legitmate

    You need to do some reading:

    http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
    http://www.fair-debt-collection.com/Disputing_Collections/collector-call-script.html
    http://www.fair-debt-collection.com/Disputing_Collections/initial-dispute-letter.html
    http://www.expertlaw.com/library/consumer/fair_debt_collection.html

    Don't take this laying down. Dispute it, make them prove what you owe, how they got that amount, and why they think you owe it. And keep every peice of correspondence, (including the envelopes) and when you send them anything, send it Certified Mail Return Receipt
     
  14. bear76

    bear76 1/2 ton status

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    Dispute if you want, but you have to think about how much time you will spend going back and fourth with them. Let's say your worth $25 per hour, how many hours will you spend in a dispute? If your time is worth more than the amount owed (or not owed) then what will you win?
     
  15. MTMike

    MTMike 1/2 ton status

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    Though you make a valid point, some things are worth fighting simply on principle. In this case if I were in your shoes, since I dispise PayPal almost as much as I dispise AOL (*read below) I would fight it on principle alone.

    *Note about aol from above: My dad and I are helping my grandma dispute $34 that they auto-debited her account many days after she cancelled her service with then in writing... she disputed the charge with the bank, received the $ back, closed the bank account and AOL has now sent her to collections. They're a wonderful company, aren't they?
     
  16. cbbr

    cbbr 1 ton status GMOTM Winner

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    Back on track. When you sign up for PP, you agree to their terms. IIRC, one of those terms is a type of binding arbitration. So if they decided in his favor, they may have paid him and can now demand that from you. GO READ THE USER AGREEMENT BEFORE YOU DO ANYTHING ELSE.
     

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