Ebay username impersonisation/identity theft fraud

Hi there. This is a long complicated issue. I will attempt to summarise. But I could really do with some help and direction. 

The situation
- A year ago received contact from a debt agency regarding unpaid debt to eBay
- Apparently 'I' had sold an iphone on eBay that never arrived with buyer. 
- Buyer complained to eBay, eBay refunded buyer and then tried to claim costs from me. 
- I only found out about this when the debt collection agency tracked me down. 

- I have continued to use my account as normal during the last year (only buying, NEVER selling)

What we now know
- Someone hacked my account. A fake eBay username was created and 'attached' to my account. (I have that fake username which is now not valid)
- They changed email address, phone number and bank account so I received no notification from anywhere about this 'sale'. 

- The contact from the debt collection agency was the first contact I had had about it. They contacted eBay back to say this was fraud but eBay replied with "no fraud, not enough to suspend SCC/ID Theft or ATO "
- It has since been passed onto another agency by eBay which is where we are now at. 
- The debt collection agencies have (correctly/incorrectly) disclosed lots of information to me during my investigations, including the fake username, the fake email, the fact that the sellers bank that received the proceeds is Santander (mine is not). 

I have advised eBay Chat, and my next step i think is the Financial Ombudsman.

eBay will NOT accept that this is fraudulent. I have contacted them personally via chat as well as through the debt collection agencies. eBay will not stop passing the debt around to different debt collection agencies. eBay will not investigate the fake seller further, despite being provided with all the details.

I am at a loss and do not know what else to do, any advice very much appreciated. Thank you. 

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Ebay username impersonisation/identity theft fraud

red_magpie
Experienced Mentor

An important point which you have not mentioned is whether this claim was made under eBay's money back guarantee, or as a result of a credit card chargeback.

 

If the claim was made by credit card chargeback it would have been made against eBay itself, and eBay would have been liable to refund the buyer. Under the terms of their user agreement, you would be required to reimburse eBay. Unfortunately you apparently didn't learn about this claim in time to ask eBay to contest it.

 

If it was a chargeback the big difficulty is that the claim was made against eBay itself it's entirely up to eBay whether to accept or challenge it. If they won't challenge it I doubt there is any way you can get the outcome altered. But you would still have to reimburse eBay as you accepted in the user agreement. If the buyer opened a case under eBay's money back guarantee there may be more scope to provide evidence that the payment was fraudulent.

 

Two other points are that unlike eBay's handling of payments, its money back guarantee is not regulated by the FCA and so not covered by the financial ombudsman. Credit card chargebacks are covered by the FCA, but the claim is between the credit card issuer and eBay.  However unfair it may feel, you are not even a party to this claim and I doubt whether the ombudsman would be able to accept a complaint from you (although you could try).

 

I'm afraid that none of the above is good news. However, as you say, this is a complicated issue and beyond the day to day trading issues on which we try to help other members. It would certainly be worthwhile consulting Citizens Advice, but if eBay is continuing to pursue recovery of an alleged debt you need to see a solicitor. Good luck, you're going to need it!

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Ebay username impersonisation/identity theft fraud

Thank you for the time spent replying extensively to this, I appreciate it. I dont know the chargeback details as eBay havent spoken to me directly about it, only via the Debt Collection agency and some rather unhelpful Chats (either was with bots or with people where English wasnt a first language, it was very difficult to get them to understand the problem in the first place, let alone a solution). Thanks again for your help. 

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