Paypal Dispute

[shellfishb5]

I am having a big arguement with paypal at the moment absolutely disgusted, sold some goods on e-bay about £70 worth buyer delayed paying for said goods then eventually paid by paypal goods were packaged and posted by parcel i got proof of postage, buyer was e-mailn after 1 day wanting to know where his parcel was, then after 5 days he logged a dispute with paypal, who then decided in favour of the buyer so i have lost goods and paypal had already removed funds from my account, paypal said that buyer had provided information which is why they went in his favour, i sent in proof of postage that didnt count, so basically if you buy something from e-bay that is dear and it comes by normal post then just claim that you didnt receive goods and paypal will refund your money RESULT buyer gets goods and money poor old seller just gets shafted, another thing i asked paypal was what happens if the post office finds parcel they will send it to the buyer and of course the first thing he is going to do is contact me/paypal to arrange to pay me YEAH RIGHT OK. i have put a claim in with the post office for lost parcel so hopefully they will pay up, dont get me wrong i am not saying buyer is dishonest, but i have gone to a lot of trouble to build up good feedback and never had any problems bfore just feel that paypal are calling me a liar and am upset about that and losing goods and money, sorry rant over

[Guest]

Re: Ebay RipOFF

If you have proof of postage then send that, along with a covering letter to the address in post #4.

Explain in your letter that you require repayment in full of the sum they deducted from your account or you will issue a claim against them in Court.

DO NOT email them DO NOT telephone them.

[shellfishb5]

Re: Ebay RipOFF

Cetelco
thanks for that i will try writing to them they have had proof of postage and they said it needs to be trackable online blah blah.
So just threaten to take to small claims court then will that cost money to take them to a small claims court?

[Guest]

Re: Ebay RipOFF

Nonsense. This is typical of paypal and precisely what I wrote in post #4.

You can prove you posted it, therefore you have done as much as you can do and they have no right to remove money from your account. Give them 14 days to return the money and if they do not, issue a claim against them for the full amount, plus costs and interest.

[travelgirl]

Re: Paypal Dispute

i was sorry to read this i bought of a person she got my money and i never recived the goods then she said she overlooked it and shall repost i never did get the parcel so she coaqme of ontop and me a loser yes i did everything this was last yr lol so i think i have left it as a oh well i will learn. she to was a seller in ebay
tg

[sam]

Re: Paypal Dispute

Paypal will not repay any money unles you sent the item recorded delivery. It is in their terms and conditions. I have also just been in contact with donsumer direct about paypal and ebay.

I dont agree with their terms, but unless you abide by them you are not covered for lost.

[shellfishb5]

Re: Ebay RipOFF

Nonsense. This is typical of paypal and precisely what I wrote in post #4.

You can prove you posted it, therefore you have done as much as you can do and they have no right to remove money from your account. Give them 14 days to return the money and if they do not, issue a claim against them for the full amount, plus costs and interest.

Cetelco
I wrote to PayPal as you said threatening with small claims court in 14 days that date was up on 09/09/08 and nothing has happened i had also written to Ombudsman and they have replied saying they are looking into the matter for me. What do i do now?

[Guest]

Re: Paypal Dispute

If you told them that you were going to sue them if they did not repay you, you sue them.

[sam]

Re: Paypal Dispute

Sorry to dissagree Cetelco, but I have had the same problem which is why I refused to use paypal for some time. I tried reporting them ect and was told that its in their t and c's ect. Only ever send something via normal mail if its under £36. then after 3 weeks you can claim for it. If its over £36 then reccorded is the best way. Then the buyer has to sign and if its lost, you get your money back. Dumb thing is, when I phonned paypal about it, even the staff are aware that people con there system.

All in all shell, you have to right it off and claim the £36. I assume it was one parcel? If it was £70 in two parcels then you can claim for both.


I should add, im more than happy for someone to prove me wrong and tell us how they got paypal whos t and c's seem airtight to pay up. I dont agree with it at all.

[Guest]

Re: Paypal Dispute

Terms and conditions, howsoever written, do not supersede English Law.

In this instance, paypal unlawfully removed funds from a customer's account. Therefore, the customer should sue for the return of the money.

Following is their address for service. They will argue and then wimp out, they always do.

PayPal Europe Ltd
Hotham House
1 Heron Square
Richmond upon Thames
Surrey
TW9 1EJ

They seem to believe that they are above the law and that these things are not issues that they need to take responsibility for.

Unless you sue them, they will fob you off with automated email replies. Stop wasting time and issue a claim - they cannot answer that with an email robot.

[sam]

Re: Paypal Dispute

I hope that it works for shell, but as my account has been in a state of flux for 3 years doing the same thing, I wouldnt hold my breath. I have not found anywhere where someone in this country has won against paypal. The States took them to court and got somewhere but it was done as a large group.

[Guest]

Re: Paypal Dispute

I won against them.

Last year Paypal lied to me regarding supposed "European Union Anti-Money Laundering regulations" that they needed to comply with. There are no such regulations. Over a period of several months, they sent me various emails insisting that I set up bank funding on my Paypal account.

Essentially, Paypal attempted to hold onto my money unless and until I agreed to let PayPal access my bank account. Paypal's so called “bank funding” service is, in practice, a direct debit in favour of Paypal.

The procedure is that Paypal sends two payments to the registered bank account. The customer then has to check the bank statement between 3 and 5 working days after the instruction is instituted at the Paypal bank account and then the customer logs onto the Paypal website, enters the amounts of the payment and then – and only then – finds out that Paypal wants the money back and that in order to get it back, it requires that the customer provides a direct debit authorisation.

This means that, in the event of a chargeback, paypal have unrestricted access to the bank account in order to remove money, practically at will.

I was not prepared to tolerate that.

I sent them the following letter. They capitulated and transferred the money in my paypal account to my bank account within days of receiving that letter.

If you have a dispute with them – then tell them that you will sue them and mean it.

PayPal Europe Ltd
Hotham House
1 Heron Square
Richmond upon Thames
Surrey
TW9 1EJ

Dear Sir

Re: Bank Funding – PayPal account for xxxxxx@xxxxxx.com

LETTER BEFORE ACTION

Since September of this year I have been receiving emails regarding the setting up of bank funding on my PayPal account.

The various reasons given for this are that PayPal must comply with “European Union Anti-Money Laundering regulations” and the “the European Union Anti-Money Laundering law” and that it will be more convenient and secure and safer etc.

In fact, there is no such thing as "European Anti Money Laundering Regulations" There are three Directives (one of which is not yet in force) but they are not "Regulations" therefore, for the avoidance of doubt, kindly provide me with the lawful reasons by reference to statute or any Common Law case why I must do as you keep insisting that I must.

Notwithstanding this, PayPal is not bound by those Directives: under EU law, countries are bound by directives and must pass local law to meet the obligations thereunder. Each country passes its laws as it thinks fit despite the obligation to make compliant law. In fact the laws differ from country to country. In each case, however, PayPal would be bound by the law of the countries in which it operates and not by European law per se. There is nothing in either EU or English law that places any additional due diligence burden in relation to payments which, in aggregate, reach £4500.

My PayPal account already has a debit card, which is funded from my bank account, assigned to it. Further integration is not necessary. Furthermore, the argument that the bank account will act as a back-up funding source is also entirely redundant as my PayPal account is funded via a Maestro card, which is linked directly to my bank account and therefore cannot be a back up funding source for my card as it is the only funding source for my card.

I now learn that my PayPal account is frozen and as a result of that my EBay seller fees are overdue and my EBay account has been frozen. This has resulted in considerable inconvenience to me.

In order that we may be quite clear on this I will state now that I am not going to set up bank funding.

Given that I have contacted your company on at least nine separate occasions and made my position quite clear, I believe that I have discharged my obligation under the Civil Procedure Rules to pursue a settlement without recourse to litigation.

TAKE NOTICE therefore that you have seven days from the date of this letter to remove the restrictions placed on my account and enable me to remove the funds contained in that account or to send me a cheque for the full amount in my account or I will issue a claim against you in the County Court. If recourse to legal proceedings is necessary then my claim will include Court fees and interest pursuant to statute and in addition, I reserve the right to seek compensation for the inconvenience and nuisance that you have put me too.

[sam]

Re: Paypal Dispute

Thats good to hear. Well done on that. I have a bank account linked at the moment. After reading that I may change it.

But with the charge back for item not recieved where in law do people stand? I found a little info yesterday that said its the senders responcability to ensure items arrive (no that wasnt from paypal) IF that is English law then it really is down to us who send things to make a choice.

[Guest]

Re: Paypal Dispute

The legal position is that it is the person who send the goods who has the contract with the carrier. Therefore, when there is a dispute regarding a missing item, it is up to the sender to pursue a claim. Goods do not become the property of the recipient until they actually receive them.

In this case, paypal acted to remove money from the senders account, despite proof of postage being obtained. In this instance, they should send a Letter Before Action and give paypal 14 days to repay the money. If they did not, then sue them for the sum they removed, plus interest and costs.

[EXC]

Re: Paypal Dispute

Paypalsucks.com is a good resource for finding out how others have dealt with the uncompromisingly loathesome Paypal.

http://www.paypalsucks.com/
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