Fake sale/Hacked seller account.

[Bellissimo_]

Hello,

I recently purchased a "Digital good" being Xbox Live Gold subscription from a seller on eBay.

I received a message from the seller a few hours later with them stating that their account had been hacked and a fake listing created, and that if I had paid for the item in the listing, it hasn't been sent to their PayPal account. 

What can I do to get my money back? I contacted eBay and they say I'm not eligible for Buyer Protection since it is classed as digital goods which doesn't conform to their guidelines. They suggested I contact PayPal since I used that platform to pay for the item and the "seller" had received the money through PayPal also.

I appreciate any replies!

[kernowlass · Accepted solution]

@Bellissimo_

File for non receipt of item via the ''resolve a problem''  link lower left of your paypal summary page > put in ALL the information that you have before escalating to a claim when you get that option.

[Bellissimo_]

Hi there. 

Would that be listed as "Non-receipt dispute" ?

I have disputed a transaction in the PayPal resolution centre and that is listed as the reason.

@kernowlass

[kernowlass]

@Bellissimo_

Yes.

[Bellissimo_]

@kernowlass

Ah thank you very much. I have also added in the message I received from the account holder. 

Unfortunately I'm not able to escalate this dispute for several days and by that time I fear it may be too late. 

[kernowlass]

@Bellissimo_

Why too late??

Once escalated, if paypal find in your favour you will get a refund under paypals ''buyer protection'' as the seller can't or won't refund you.

Then they chase that person for their money to reimburse themselves (paypal).

[Bellissimo_]

@kernowlass

I can escalate the dispute in 7 days. 

Since the sellers account had been compromised and the person who gained access to this account used a throw-away paypal account to receive payment for the fake listing, will there be any problem because of these circumstances?

Also, do you have any knowledge of the Paypal buyer protection? Does my circumstances make me eligible to have this protection since I purchased digital goods?

[kernowlass]

@Bellissimo_

Since the sellers account had been compromised and the person who gained access to this account used a throw-away paypal account to receive payment for the fake listing, will there be any problem because of these circumstances?

No because that is not your problem and by paying with paypal you get buyer protection.

Also, do you have any knowledge of the Paypal buyer protection? Does my circumstances make me eligible to have this protection since I purchased digital goods?

Paypal does offer buyer protection for digital goods, they just don't offer seller protection.

From paypals user agreement > buyer protection >

You may be reimbursed under PayPal Buyer Protection for a problem with a purchase only if all of the following requirements are met:

1. Your purchase is an eligible purchase. Purchases of most goods and services are eligible (including travel tickets, intangible items such as rights of access to digital content and other licences),

Just put in as much info as possible before you escalate including  ebay i.d's and transaction numbers and ebays response etc etc.

Family dragging me out for a walk now so can't reply but will check back later if you have any other queries.

[Bellissimo_]

@kernowlass

Thank you for the vast amount of information, I greatly appreciate it!