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Timeline:
Items purchased: March 13/14th 2013
Items received March 22 2013
Buyer feedback left April 8th 2013
Paypal dispute opened June 3rd 2013
Credit Card Chargeback take out July 1st 2013

Basic Summary: I am writing to warn other artists, particularly on etsy, of a buyer (Brooke Allison Kutik or AllisoninWonderland8 on etsy) who purchased two items from me and then initiated a fraudulent credit card chargeback through paypal claiming she never received the items. The buyer had previously told me via etsy message that she had received the items, and she left me feedback on etsy. Initially, paypal closed the disputes in my favour at the beginning of June 2013, however in July the credit card company ruled in the buyer's favour for one of the items and the fees were deducted from my account. Paypal gave me back part of the fee but I was still out about $200.




Before I get into details I would like to state that I have spoken at length to paypal on the phone, with 3 different representatives, and feel I have exhausted all my options with them. I am posting this to warn other artists, not for advice on what to do with the current transaction.

Let's get into it.

On March 13th, 2013, user "Alisoninwonderland8" on etsy purchased an item from me for $240 plus $40 shipping. She also messaged me on March 14th asking about purchasing a second item and combining the shipping. Our messages back and forth are as follows:
Etsy receipt for item #1: http://i888.photobucket.com/albums/ac81/evanescenceable/Paypal%20Dispute/invoice_zps0c0370d3.jpg
Etsy Listing for item #2: http://i888.photobucket.com/albums/ac81/evanescenceable/Paypal%20Dispute/item2_zpsc59f0420.jpg
Payment for item #1: http://i888.photobucket.com/albums/ac81/evanescenceable/consonancepayment_zpsb0616917.jpg



She sent me the payment for the first etsy item on March 13th, and the second payment for the discussed amount for the second item on March 14th.
Payment for Item #2: http://i888.photobucket.com/albums/ac81/evanescenceable/Paypal%20Dispute/isoblepayment_zps4b2615be.jpg

On March 22nd, 2013, the buyer messaged me on etsy to tell me she had received the items and was happy with them, and we talked about getting a custom at some point. On April 9th I messaged her about the commission but got no response and assumed she had changed her mind and thought nothing of it (see below for convo). However, it might be worth mentioning that on April 1st she commented on one of my in progress photos on facebook mentioning interest in purchasing that particular item. So, at this point I had no reason to believe she had been unhappy with our transaction in any way. The buyer left me positive feedback on etsy on April 8th. The message I sent on April 9th was the last time I have contacted the buyer.

Comment on facebook: http://i888.photobucket.com/albums/ac81/evanescenceable/Paypal%20Dispute/kirin_zps927884fb.jpg
Feedback on etsy: http://i888.photobucket.com/albums/ac81/evanescenceable/Paypal%20Dispute/feedback_zps000e2646.jpg



Around June 3rd 2013 (paypal has since removed this transaction so I don't have the exact date) I was notified by paypal that two disputes had been opened on my account for the two transactions (one for $280 and one for $175). I was surprised, and proceeded to provide paypal with tracking information and our conversations. Paypal ruled in my favour for both transactions, and the funds were returned to my account.

Disputes on paypal: http://i888.photobucket.com/albums/ac81/evanescenceable/Paypal%20Dispute/disputes_zpsb77e17f1.jpg

On July 1st 2013, $280 and $10 in fees were deducted from my account. I was not in the country at the time and didn't notice until paypal called me a week later about my negative account balance. I talked to a representative who told me that the credit card had ruled in favour of the buyer, but ONLY on the transaction for $280, and not the one for $175. I explained that that made no sense as they were shipped together. After talking to them, I was basically told that paypal could do nothing and if I wanted to pursue further action I would have to go through the court system.

I called paypal again when I was back home and more settled. This time, the representative explained that the reason I was ruled against was that for transactions over $250, they require both tracking AND signature confirmation as proof of delivery. This is why I was ruled against for the $280 transaction and not the $175 one; tracking was sufficient proof for transactions under $250. My account was at a negative of $83 at this point and paypal ended up refunding me that "because you've never had issues with your account before and have been a member for a long time". However, the extra balance of about $197 was not recovered.



To Summarize: the buyer initiated fraudulent credit card chargebacks on items she had received and left feedback for. Paypal ruled in my favour for both transactions. The credit card company ruled in my favour for the $175 transaction but against me for the $280 transaction because they apparently require signature confirmation and tracking for transactions over $250, and I only had tracking. The chargeback of $280 left my account with a negative balance of $83, which paypal refunded as a kind gesture. In total I was robbed for about $197. I have not contacted the buyer at all and don't see what good that would do, since the case seems pretty cut and dry to me. Once again, I am posting this to warn people about this buyer, especially since there were zero red flags during the transaction. In addition, make sure to always send things with tracking and signature confirmation, especially on higher priced items. I think that if people want to find a way to steal from you they will, and paypal will always find a loophole to side against you, but cover your bases as much as possible just in case.


Thanks for reading. If I left anything out just let me know.
Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
https://artistsbeware.info/

Comments

( 24 comments — Leave a comment )
neolucky
Aug. 9th, 2013 12:02 am (UTC)
Hi! I've approved your post however a couple edits need to be made:

Screenshot: Payment for Item #1 does not work
Screenshot: Payment for Item #2 needs to have the customers email censored.

-----------

One word of advice: When a buyer mentions they want to send cash as a "gift" please do not accept it. Gift is not an acceptable way to send cash over Paypal, as it is for services/items, and you or the buyer are then no longer protected by PP's policies. This may be why PP ruled out of your favor. You should have corrected the seller, and asked them to send it as "service" instead. Something to know for the future. PP is a service that makes it's money off the fee it charges from sellers using them. Sending money as a "gift" to sidestep those fees hurts the buyer and the seller in the end.
scenceable
Aug. 9th, 2013 12:10 am (UTC)
I've fixed all the links, sorry about that!

I would have told her not to but she sent it before I had a chance, luckily she either changed her mind or forgot and sent it normally for goods anyway. I don't think she would have been able to open a dispute if it had been sent as a gift. But no worries, I don't accept gift payments for my products :)
neolucky
Aug. 9th, 2013 12:33 am (UTC)
Good to know! Thanks for clarifying =) I realize some folks just don't know any better, but it's always great to hear those who do, hah!
varethane
Aug. 9th, 2013 03:32 am (UTC)
Just a note (I don't disagree with you on the whole 'don't let people send in Paypal payments as gifts' thing), but in this specific beware I think OP said that Paypal had in fact ruled in their favour and the chargeback was done via the buyer's credit card issuer?
varethane
Aug. 9th, 2013 03:33 am (UTC)
....Ah, wait, read through it more carefully and caught the paragraph I'd missed. Doh!
breakspire
Aug. 9th, 2013 12:27 am (UTC)
could you link to their profile on etsy? I'm having trouble finding it
breakspire
Aug. 9th, 2013 12:38 am (UTC)
thanks! sorry you had to deal with that :/
spiralhorn
Aug. 9th, 2013 12:36 am (UTC)
Is it possible to block people on Etsy and keep them from purchasing anything from your shop?

I would like to do that. Just in case.
scenceable
Aug. 9th, 2013 12:46 am (UTC)
I actually checked, and it's not. Which is pretty stupid, it'd be inconvenient to have to refund people who you don't want purchasing your stuff. Ugh :/
duster
Aug. 9th, 2013 01:22 am (UTC)
Oh no, Brooke Kutik. I'm sorry you had to run into her.

She has a ten year history of scamming in the My Little Pony collector's community. She has several "bewares" against her on My Little Pony Arena for this exact kind of fraudulent chargebacks. She also will take payment for goods on Ebay lots and not send them if she doesn't like the amount she got.

She has too many Ebay handles to list in the beware tag, but here's two topics on her.
http://www.mlparena.com/archive/Forums//viewtopic/p=3485771.html#3485771
http://mlparena.com/index.php/topic,330686.0.html
scenceable
Aug. 9th, 2013 01:25 am (UTC)
Wow -_- I really wish I had been more active on the arena so I had seen those. A friend on facebook just told me she had been robbed of over $600 from the same person.
spiffystuff
Aug. 9th, 2013 03:32 am (UTC)
I'm starting to wonder whether it would be worth it to take her to small claims court, and/or at least attempt to file charges on her for fraud DX
dinogrrl
Aug. 9th, 2013 10:28 pm (UTC)
Ah, thought this name sounded familiar. I'm not even in MLP circles but somehow I've still heard about her. Kinda sad that someone feels the need to do this nonsense for this long, and with little toy horses to boot.

I'm so sorry you got caught in this, OP. All I can say is that some day, it'll come back to bite her. Hard. Until then, the more bewares that get posted about her here and elsewhere, the better.
growly
Aug. 9th, 2013 03:22 am (UTC)
"This time, the representative explained that the reason I was ruled against was that for transactions over $250, they require both tracking AND signature confirmation as proof of delivery."

Wow, I had no idea about that... as someone who almost exclusively deals in high-priced goods, this is really important information to know, thank you for posting this. I'm really sorry to hear this happened to you, I don't know how she can sleep at night doing what she does. :(
bluewolfcheetah
Aug. 9th, 2013 04:03 pm (UTC)
I didn't know this either. @_@ Now every suit/plush/sewn item I send out will require signature...just to be on the safe side. Just sad that she went through the whole scenario to find out the hard way :( Just when I thought people couldn't surprise me any more...
kayla_la
Aug. 9th, 2013 03:48 am (UTC)
Could you report their account to Etsy? This seems like something they should be banning over.
scenceable
Aug. 9th, 2013 05:24 am (UTC)
Others have mentioned she has been doing this for ages with my little pony items, there's a ton of cases here: http://web.archive.org/web/20040617092752/www.chime.clara.net/mlp/police/bad_traders/dawn_kutile.htm Since she has so many aliases and only 4 feedback on the account she bought my stuff from I don't think having her banned from etsy would do much, she'd just make a new account.
breakspire
Aug. 9th, 2013 05:41 am (UTC)
you have a better chance of winning the lotto than having etsy take action on anything, their communication and customer service is the worst

that said, it's probably worth sending an email just in case
mekania
Aug. 9th, 2013 04:50 am (UTC)
I know that you're not asking for advice but is there anyway you can get in contact with her credit card company and dispute it directly with their reps? You have proof of her saying she received the items, I don't understand how they can just take the money like that.
scenceable
Aug. 9th, 2013 05:22 am (UTC)
Paypal wouldn't give me the credit card name. (They said I could get a subpoena from the court to get the name though) Apparently she has over 10 years history of doing this, and a bunch recently, so I'm guessing she has multiple cards to be able to keep getting away with it.
mekania
Aug. 9th, 2013 05:38 am (UTC)
I'm so sorry that happened to you but I'm really glad she wasn't able to get the full amount back. I can't believe she's gotten away with it for this long especially since it's hundreds of dollars. If there's anyway you can pursue this in court, do it. I know it's a hassle but I really think they would rule in your favor.
mekania
Aug. 9th, 2013 05:39 am (UTC)
It may also be worth looking into filing criminal charges against her rather than small claims.
breakspire
Aug. 9th, 2013 05:43 am (UTC)
how does she still have a paypal account? it seems like paypal is well aware of her behavior, I wonder if they'd shut her account?
( 24 comments — Leave a comment )

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