Update for the $2330 chargebacks from spytech

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zmhaha

[H]ard|Gawd
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Some of you may have read the troll thread I had against spytech, which involved in $2330 chargebacks/dispute. Now things have been finalized and I thought I'd give an update.
Here is the original troll thread: http://hardforum.com/showthread.php?t=1813484&highlight=

To be honest, I am not even mad at the buyer anymore. I am more of, well, just speechless about Paypal.
I started using PP since 2005, and this is the first time I have to deal with a dispute, either as a seller or buyer.

The original transaction was on 2.17 for 4x 290x paid in 2 separate payments ($1330 in Paypal and $1000 in Amazon Payment, both with Amex CC) and on 3.31, he opened a Paypal dispute claiming I sent him defective cards.

In short, I lost the Paypal dispute and the appeal but won the Amazon Payment AMEX chargeback.

FYI, in case he opens up an alias, you may wanna know: (I don't feel it is appropriate to disclose his full name & address in public)
his name is J. Ozoria, lives in Sunnyside NY, PP & Amz pmt email: spynyc at gmail


--------------------- For the Paypal dispute---------------------

I gave PP all the conversations between me and the buyer in form of screen shots with main focus on the fact the buyer modified cards with custom BIOS on the first day of delivery that could have damaged the cards by performing crypto mining.

One PP rep told me if I could prove this, I'd certainly win. BUT, guess what? Later on, PP told me they don't take screen shots as proof, or pretty much anything is not documented within their own system, which is just pretty much ebay, because it is "editable"..... Can you believe this? Yea, they literally told me anything that is digitally editable is not a valid source of proof.
So things like PMs, emails, text won't work, although they can be used in court.

I even gave them my [H] account to let them verify those conversations, and still got a big NO.
Note: I went through the first ruling, and 3 more appeals. I was able to get the case reopened 3 times w/ more evidence but all got closed again very quick.

---------------------After Paypal's ruling, and item returns (this is the nastiest part)---------------------

Immediately after the PP's ruling, which asked the buyer to return the cards and I pay the $1330, the buyer immediately filed a $1000 chargeback on Amazon Payment through AMEX.
The buyer also did another $1330 chargeback for the same Paypal transaction even after he had won it and got that money back. But Paypal took it off within a day. I am not sure if he was being greedy or did it by mistake and withdrawn it himself.

Before the return package arrived, I rerouted it to my local UPS store.
I video recorded the whole thing while the package was opened by the UPS staff.
2 out 4 cards were found in the package. (The video was continuous without any cut started from the moment UPS got ready to open the package to the moment I left there)
Guess what? 1 card had physical damage on the PCB exposing the copper underneath, and the other one looked fine from outside but later on turned out the it won't turn on at all, not even the fan.
UPS signed a sworn affidavit to describe the contents and damages, at the scene, and the video also shows the document being signed.

So I called Paypal and told them the items were damaged.
PP told me to file a police report. I did try but the police won't do it because they say it is a civil matter and only gave me an incidence report rather than an actual police report.
I also tried to consult with different sources but mostly just told me to sue the buyer.

So Paypal won't take the incidence report and said they MUST have an actual police report, which can't be acquired.
So Paypal won't do a damn thing about it until I somehow get a police report despite the fact I had:
1: Video showing the package was opened at UPS store by their staff.
2: Sworn affidavit signed by UPS confirming the contents and the damages, which can be clearly seen from the video.
3: Pics of the cards prior they were shipped to the buyer showing the damage was not there. And the pictures were taken on the same day of shipment and have the date stamp on them.
4: A police incidence report

Basically this is all about the PP side. Was there anything that I could have done but I did not? There is just no way out!

-------------------------AMEX chargeback through Amazon Payment---------------------
As for the $1000 Amazon Payment chargeback, I won. I basically gave them the same documents that I gave to PP, minus the police incidence report, video, and UPS affidavit because of the timeline of this whole thing. (I only got 2 cards back of course but 1 is not working at all, the other one has physical damage.)
I really did not expect much to win this because I had the impression chargebacks are much harder to dealer with, even more so for AMEX. (I have a feeling that the buyer is a repeated offender)
I did not do much it except giving Amazon the documents that I had already prepared for the PP dispute.
Amazon Pmt did not give me any updates how they fought the chargebacks or anything in that nature.
It could be that they really tried hard or simply forwarded the evidences I submitted to AMEX, I just can't know for sure.
And I am not even very sure if the buyer withdrawn chargeback himself or AMEX actually ruled in my favor.
Anyway, I am glad I won this regardless.
--------------------- --------------------- --------------------- --------------------- ---------------------

As a seller, what I learned about Paypal from this:
1: Luck plays a crucial role in case of a dispute.
2: They may not read your evidences at all, at least most of them, especially when there are a lot of words. They may or may not, depending in their mood, take anything like screenshots, pictures, videos or text as proof. Basically anything, using PP's words "editable", is not a valid source of evidence. Even you give means to authenticate your evidences, they won't give the effort doing so, for example I offered them my [H] account to verify the PMs I submitted, and offered to have those PMs sent directly from admin of [H], but they don't care.
4: Once their first ruling is made, it is nearly impossible to reverse the decision except you have new, and absolutely indisputable evidences, like a physically signed agreement.
5: Their "Seller Protection" does not protect a seller for anything but unauthorized charges (I don't think it will be a easy one for a seller even this is the case), and "help" the seller to claim the items back. But asking for the buyer to submit a tracking number is as far as they go, and if the buyer returns a box of rock, there is nothing they will do to help the seller until a police report is provided, which is very hard to get as most of Paypal matters come down to a "civil matter", as the police I called told me. (video and affidavits don't work, at least in my case)

---------------------PS ---------------------
I appreciate all the feedbacks either in this thread or the original one, and I took many of your advices.
I did not open this thread to express my anger or trying to recover my loss somehow simply because I am numb already about this whole thing, which took nearly 4 months.
My only intention was to remind you all about the risks of taking Paypal because I really hate to see honest people got screwed over things like this.
I have gathered all the evidences that could possibly be got, but none of that mattered to Paypal, until I sue!!
For you have been doing it for years without any incidence (I did too!), please take great caution!
 
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Holy Moly. Id be suing the guy in civil court. Where the hell are the other two cards?
 
You tried to file a police report at your local police station or the buyers?

Try ic3.gov and file a complaint, someone may get back to you.
 
Yea man. I would take him to court along with paypal and see how they are paying you. Paypal is a financial bully. I would not sell something for more than $500-600. I would at least require 1/3 of the payment in crypto.

Since you have a lot of evidence, take paypal and the buyer to the court.
 
You tried to file a police report at your local police station or the buyers?

Try ic3.gov and file a complaint, someone may get back to you.

Well I just called my own local non-emergency police number and 1 cop showed up, and I explained it to him. I also showed him the UPS affidavit.
All he could do was telling me it is a civil matter and I can only sue him and gave me an police incidence report.

Btw, should I have called the buyer's police department??? I mean how do you do this over the phone??
I am not very experienced with dealing with police, actually this is the first time I had to call them.
 
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Yea man. I would take him to court along with paypal and see how they are paying you. Paypal is a financial bully. I would not sell something for more than $500-600. I would at least require 1/3 of the payment in crypto.

Since you have a lot of evidence, take paypal and the buyer to the court.

I have 2 out of 4 cards back but both nonworking, and paid the $1330 Paypal dispute. The buyer has the other 2 cards, which I guess he did not broke as he did with the two returned.

I would sue the buyer if I had the time.. I in fact consulted with an attorney and told me this is basically a slam dunk if I sue the buyer. But for Paypal, even I sue them, its gonna take a long long time to get anything done.

After losing the Paypal case, my bottom line was if I lose the Amazon Chargeback too, I will definitely sue the buyer regardless he return the rest of 2 cards or not. But it turned out I won...I thought usually chargebacks are harder to handle for sellers.
 
Worst story I've ever read.
It seems like the best option is simply to sue. There is zero reason to let him off the hook.
 
Worst story I've ever read.
It seems like the best option is simply to sue. There is zero reason to let him off the hook.

This. I just read through the whole story and there is really no way the buyer has anything backing him up. I can understand not wanting to return something and trying to make it work, I've done it before, but you don't wait 40 days.
 
I have 2 out of 4 cards back but both nonworking, and paid the $1330 Paypal dispute. The buyer has the other 2 cards, which I guess he did not broke as he did with the two returned.

I would sue the buyer if I had the time.. I in fact consulted with an attorney and told me this is basically a slam dunk if I sue the buyer. But for Paypal, even I sue them, its gonna take a long long time to get anything done.

After losing the Paypal case, my bottom line was if I lose the Amazon Chargeback too, I will definitely sue the buyer regardless he return the rest of 2 cards or not. But it turned out I won...I thought usually chargebacks are harder to handle for sellers.


Sue him at his local small claim court. YOu can sue him up to $5000. Add your time and the expenses to go there take 2-3 day off work and make this your mission. At least that's what I would do. If you lucky, he is somewhere near vacation spot, you got yourself free vacation. There is no way you will lose it at the small claim court. Only question is, if he does not have money. However, if someone can blow $2000+ on 4 video cards, he must have enough money to pay up. If he does not pay up, you can give him to collection agency, and his credit will be screwed. You already lost a lot of money, I would go after him.

ALso read paypal aggrement. I think you have option to go to arbitrator, and they pay up to $10.000 read the terms. I had a similar issue with ebay, they did a courtesy pay to me, instead of paying to arbitrator a lot of money. I was gonna pick the most expensive arbitrator.
 
Definitely a good reminder to all of us what we're actually agreeing to when we sell things online.

Please! Go after this fraud. I wish you the best. And hope to hear of successful results in the future. :)
 
Btw, should I have called the buyer's police department??? I mean how do you do this over the phone??
I am not very experienced with dealing with police, actually this is the first time I had to call them.


No, but you could ask your local police station to contact the buyer's local police station and see if they would help you resolve this matter. I would say this is more than a civil matter because the buyer stole from you, so sue his ass in a small claim court and don't let him off so easily.
 
I am not even mad at the buyer anymore because he is just an individual. Anybody could run into a guy like that but as long as justice can be served, we should not be afraid too much.
The thing really disgusts me is how Paypal did the dispute..
I mean I had every evidence that one can possibly have to support my case.
And they just had to ask for the one thing that I could not get, the police report, or a physical signed agreement regarding the return policy.

They told me literally anything that can be digitally edited can't be used as proof.
I gave them the PM screen shots, and they said it could be edited.
I gave them my [H] account to let them authenticate the PMs themselves, and they won't do it.
I gave them the video showing the entire process of how and where the package was opened, they said it could be edited.
I gave them the UPS sworn affidavit, they simply just ignored it.
 
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Did he send the package back signature confirmed? just wondering.
 
Did he send the package back signature confirmed? just wondering.

I am not sure because I rerouted the package to UPS store while it was still in transit. At the store, I think I signed for it.
 
After reading about this, and after having my own chargebacks I am still fighting, I'm done. I'm not selling any of my old parts online anymore. NOT worth the trouble.

You are giving my hopes with fighting the chargeback I'm in the process with now, as it's with Amazon Payments. I'm sorry to hear about all the trouble you're having. Mine is only $30, I'd be very very angry if I was losing this amount of money.
 
The two cards he sent back to you, did you record the serial numbers on the cards sent back from the ones you sent originally?

Just thikin, this guy may have had 2 nasty cards and hes pulling a switcheroo on you too!
 
Sue both him and Paypal. I would think you have a pretty strong case against both of them.
 
OP I appreciate the update, I have followed both threads. I would be taking him to court over this and make sure to get everything you can over this. Glad you won the Amazon Payment chargeback and seeing this is making me not to sell through PayPal. :/ I have heard of them siding with buyers but wow...
 
Just goes to show you. You've been with Paypal since 2005 and as soon as a legitimate problem occurs they drop you on a dime.

Even before reading this I would probably never do a Paypal transaction for above $300 or so. It's just not worth the possible problems. Paypal is all about the buyer and not about the seller. It just goes to show you when they brush off any type of "proof".

Anybody with half a brain knows the OP seems to be in the right on this one. If everything is as described it's pretty damn obvious. Did you ever speak to someone in "management" at Paypal???

I can't believe you're out cards and have broken cards to show for it...added to that all the time it took you and grief. Amazon Payments handled it absolutely perfectly from the sound of it.
 
The two cards he sent back to you, did you record the serial numbers on the cards sent back from the ones you sent originally?
Just thikin, this guy may have had 2 nasty cards and hes pulling a switcheroo on you too!

Yes I did. The 2 cards he returned were the ones I sent him.

Sue both him and Paypal. I would think you have a pretty strong case against both of them.

I seriously thought about it. I am sure I will recover the loss if I do but it is just gonna take too much of my time. I am still in school for my phd and having my boss on my ass.
I guess suing the individual won't take much time, 2-3 day would suffice but may take some extra time to prepare the case.
However, suing paypal may take much longer time unless they are willing to settle before this end up in court.
Again, my bottom line was that if I lost the Amazon chargeback as well, I would sue the buyer.


You need to forward this story to http://consumerist.com

I will definitely do that. In fact, if any of you guys have other places that I can make a sound, I'd do it. I don't expect I could recover the loss from it but letting other honest people understand the risk of taking Paypal.


FYI, I won the Amazon chargeback through AMEX and I was really surprised because I thought chargebacks are usually harder to deal with for seller, especially the CC company is AMEX. So I am not really sure if AMEX really ruled in my favor or the buyer withdrawn it himself. Given how the buyer behaved, it is likely the former case and I have a feeling this guy is a repeated offender.
 
I will definitely do that. In fact, if any of you guys have other places that I can make a sound, I'd do it. I don't expect I could recover the loss from it but letting other honest people understand the risk of taking Paypal.

Talk to your local news station. Post it all over social media sites, especially if Paypal has social media pages. Report it to other tech sites with sellers forums. Get this as much attention as you reasonably can. You'd be surprised how quickly companies change their tune when they're getting slammed with bad press from the media.
 
After reading about this, and after having my own chargebacks I am still fighting, I'm done. I'm not selling any of my old parts online anymore. NOT worth the trouble.

You are giving my hopes with fighting the chargeback I'm in the process with now, as it's with Amazon Payments. I'm sorry to hear about all the trouble you're having. Mine is only $30, I'd be very very angry if I was losing this amount of money.

its tough. Id say sell to people with high heatware, but who knows, they can rip you off too. whole thing sucks
 
its tough. Id say sell to people with high heatware, but who knows, they can rip you off too. whole thing sucks

Yeah, I agree, they can rip you off. In my case, the guy had (I can't remember now...~20) positive heat, and nothing negative. Looks like he opens new accounts, does some positive stuff for 1-2 years, and then screws a bunch of people, then goes to a new account and does it all over again.

I think from now on I'll do FT only. At least in that case, even if I get something busted, it's better than nothing at all.
 
All this changed how I sell or buy.
Before:
I used to basically trust every somewhat active member with a few positve heat. And I take Paypal without 2nd thoughts and most of the time I gifted the payment just to save the seller some fees and gave him a peace of mind.

After:
I now have a strict requirement of accepting Paypal or Amazon payment, unless it is a gift payment w/ a bank account. Most preferable way is BTC, or things like Chase Quickpay.
If a buyer wants it, he just has to trust me otherwise just don't buy. I am done trusting a stranger with Paypal.
 
All this changed how I sell or buy.
Before:
I used to basically trust every somewhat active member with a few positve heat. And I take Paypal without 2nd thoughts and most of the time I gifted the payment just to save the seller some fees and gave him a peace of mind.

After:
I now have a strict requirement of accepting Paypal or Amazon payment, unless it is a gift payment w/ a bank account. Most preferable way is BTC, or things like Chase Quickpay.
If a buyer wants it, he just has to trust me otherwise just don't buy. I am done trusting a stranger with Paypal.

Agree 100%. It's just not safe as a seller anymore. WAY too many ways to get screwed with no recourse. It doesn't help that PayPal sides with the buyer.
 
I have had two Paypal disputes filed against me in selling for ..., well ..., ever since PP started. Both times I had good documentation that the buyer was lying outright and PP sided with me as seller.

I have two suggestions for trying to avoid issues like this:

#1 Do not use PMs ever. When you use email there's a permanent record of the email that can be subpenaed if need be, at least that's true if you use gmail or a similar service.

#2 Don't sell 2k worth of stuff to the same person if you can help it. In this case your risk would have been substantially lower had you sold the cards to 4 different people.

#3 (bonus point) gift payments don't protect you, in fact accepting a gift payment for selling something puts your PP account at risk because it's obviously against their rules and accounts have been banned for that

Sorry this happened to you, small claims court may be an option, I'd get a consultation from a lawyer. A 30-minute consultation won't cost more than $100-$125 and will give you some idea of whether small claims court is viable.

EDIT: If it were me I'd try to settle this for 50% of the amount and be done with it before spending time=money on small claims.
 
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Agree 100%. It's just not safe as a seller anymore. WAY too many ways to get screwed with no recourse. It doesn't help that PayPal sides with the buyer.

I constantly get grief claiming I bash paypal but I don't accept it anymore either. I went back to usps money orders. There is no denying federal fraud charges if those are used. That's an OLD time trader trick.
 
... #3 (bonus point) gift payments don't protect you, in fact accepting a gift payment for selling something puts your PP account at risk because it's obviously against their rules and accounts have been banned for that
.

A gift pmt w/ bank account does protect a seller in terms of the fund, if the buyer is willing.
It certainly put some risks on the PP account but again if the buyer is willing. As for PP following their own rule, if they did I would not have to go through all these. Aren't my evidences enough to prove the buyer sent back damage items?

Btw, although Paypal does not offer any protection for both sender or receiver when a gift payment is used(and using a bank account rules out the possibility of chargeback), it is still a ACH deposit, which is still can be reversed if the sender tries hard enough. i.e he/she has to go to the bank and sign a sworn document stating it is an unauthorized charge and subsequently be able to prove it when the receiver fights back.
 
A gift pmt w/ bank account does protect a seller in terms of the fund, if the buyer is willing.
It certainly put some risks on the PP account but again if the buyer is willing. As for PP following their own rule, if they did I would not have to go through all these. Aren't my evidences enough to prove the buyer sent back damage items?

Btw, although Paypal does not offer any protection for both sender or receiver when a gift payment is used(and using a bank account rules out the possibility of chargeback), it is still a ACH deposit, which is still can be reversed if the sender tries hard enough. i.e he/she has to go to the bank and sign a sworn document stating it is an unauthorized charge and subsequently be able to prove it when the receiver fights back.

With just screwing you for cards, he would pay fine. But if he lies with signs a sworn document, he would go to jail. I doubt someone in right mind would do such a thing, unless that money is matter of life and dead. I currently accept BTC as a prefered payment. I wont accept paypal over $300. I sold 7 Radeon 7950 for $2000 back in March/april. And I had that feeling something was gonna go south. But It turned out to be a legit deal. However I would not deal with a high value payment, especially from paypal.
 
If it was me, I would go after this douche. He needs a lesson, so he learns not to scam other people for their hard earned money.

There are online legal advisement places. It cost like $50 half an hour on the phone.

I have had two Paypal disputes filed against me in selling for ..., well ..., ever since PP started. Both times I had good documentation that the buyer was lying outright and PP sided with me as seller.

I have two suggestions for trying to avoid issues like this:

#1 Do not use PMs ever. When you use email there's a permanent record of the email that can be subpenaed if need be, at least that's true if you use gmail or a similar service.

#2 Don't sell 2k worth of stuff to the same person if you can help it. In this case your risk would have been substantially lower had you sold the cards to 4 different people.

#3 (bonus point) gift payments don't protect you, in fact accepting a gift payment for selling something puts your PP account at risk because it's obviously against their rules and accounts have been banned for that

Sorry this happened to you, small claims court may be an option, I'd get a consultation from a lawyer. A 30-minute consultation won't cost more than $100-$125 and will give you some idea of whether small claims court is viable.

EDIT: If it were me I'd try to settle this for 50% of the amount and be done with it before spending time=money on small claims.
 
IMO small claims court would be a waste of time and money. The other person just won't show up, so you would get a default judgment in your favor. But that doesn't mean the other person will ever pay.
 
The thing really disgusts me is how Paypal did the dispute..

...

They told me literally anything that can be digitally edited can't be used as proof.

Wow. I guess they should shut down their entire operation, then, because apparently nothing can be proven using their service since it's all digital. :rolleyes:

Fuck Paypal.
 
I was once screwed by Paypal as well. This was probably 5-6 years ago I believe, whenever the iPhone 3gs came out. Sold an excellent working condition 3gs to a buyer and 2 weeks later she came back saying it was water damaged. This was AFTER she left me a positive feedback and said her son loves it....so a case was opened on eBay. You know what was ironic? I won the case on eBay but then she did a chargeback and Paypal just didn't care about me anymore after. No matter what I provided them they sided with buyer, even after they said they would help me fight it. Had no idea what was happening back then either so I lost the $ and phone, well technically just the phone. Never shipped it back to me and ebay/paypal told me I would have to contact buyer to ship phone back to me. It was a $550 sale.....

Ever since then I have been very careful on transactions and research buyers before I sell anything to them.
 
We should create a website, keep collecting evidence and cases like this and take the paypal to class-action. They deserve this.



I was once screwed by Paypal as well. This was probably 5-6 years ago I believe, whenever the iPhone 3gs came out. Sold an excellent working condition 3gs to a buyer and 2 weeks later she came back saying it was water damaged. This was AFTER she left me a positive feedback and said her son loves it....so a case was opened on eBay. You know what was ironic? I won the case on eBay but then she did a chargeback and Paypal just didn't care about me anymore after. No matter what I provided them they sided with buyer, even after they said they would help me fight it. Had no idea what was happening back then either so I lost the $ and phone, well technically just the phone. Never shipped it back to me and ebay/paypal told me I would have to contact buyer to ship phone back to me. It was a $550 sale.....

Ever since then I have been very careful on transactions and research buyers before I sell anything to them.

I had a similar issue. I won ebay dispute, but buyer did a chargeback. I called ebay and they refunded me full amount.


I also lost a dispute once, buyer left me good feedback. Then 30 days later opened a dispute (I was offering 14 return only) stating not working. I had before pictures with date and my username. Buyer bent the pins on the motherboard and returned it, and ebay sided with that guy. It is ridiculous how they work and they still have a business.
 
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