NSW Seller of vehicle claiming Osko /PayID payment hasn't been received

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MaitlandGirl

Member
16 September 2020
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0
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Sorry, this is a bit long but it's a ridiculous situation that seems to keep going round in circles without any way we can see to resolve it.

My daughter bought a car 2 weeks ago, private sale, and paid for the car with PayID. The seller provided her mobile phone number and when it was entered into the CBA new payee bit it came up with a PayID registered in the sellers unusual name so my daughter transferred $5500 to the PayID. She sent a screenshot of the payment to the sellers phone number and the seller received the screenshot straight away. The seller gave my daughter the rego documents and we left with the paperwork and the car (and all keys).

The next day the seller completed the online disposal notice for the car and my daughter registered it in her name. The following day the seller sent a text to my daughter claiming she didn't have the money yet. My daughter has been chasing this every day with her bank and today they told her they won't recall the payment as they're satisfied it's a "valid and legitimate PayID in the name of the seller". The seller is now demanding my daughter pay for the car again or she'll come and get her car back. Due to the way the paperwork was filled out and then given to my daughter the only information the seller has is my daughters name, mobile number and drivers licence number so we're satisfied she's not going to steal the car in the middle of the night as she doesn't actually know where we live.

All text messages my daughter has received have been sent from the phone number registered as the PayID (so the number my daughter sent the payment to).

The seller has refused to speak to her bank about the 'missing' payment, send a nominal payment to my daughter via PayID to prove it's not her PayID or send screenshots of her bank account to prove she doesn't have the payment. My daughter has sent screenshots of bank messages confirming the payment is valid and finalised, that it hasn't been returned to her, contacted the CBA everyday to double check there wasn't a glitch in the system at that time and the payment was misdirected and is now going to the police as a result of the last few texts demanding she pays again.

Is there anything else she should be doing? We're constantly being reassured that the account with the PayID must be the sellers (as the names match and she's texting from that number) and that its up to the seller to prove she doesn't have the money and launch a civil claim but my daughter is really upset - she's only 19 and still thinks the best of people.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,714
708
2,894
Sydney
Sometimes, with Osko payments, the sending bank will withhold a large or anomalous transfer amount until they can check with their customer.
But, they will almost never do this until the sending customer contacts them first.
Without the account holder's permission, your/ your daughter's bank won't speak to him, on basic privacy grounds.