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PayPal and small claim court

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  • PayPal and small claim court

    Hi everyone,

    unfortunately I have been scammed.

    I made a payment on eBay, used my PayPal balance then noticed that the seller has sold the same item 3 times within an hour, disputed the transaction on PayPal stating that the seller stoped responding to messages and that he sold the same high value item 3 times.

    Seller then commented on the case with an absolutely fake story saying that I messaged him on eBay asking for the item to be collected in person and sent him my phone number, and then according to his story, I got someone to pick th item up from him. Well this his utterly fake story.

    He then provided PayPal with iMessage between 2 numbers that I never heard of before, PayPal closed the case in his favour and stated the reason that my payment is not under buyer protection and violated PayPal T&C, when I called them and asked why my payment wasn’t covered, I been told it’s because the item was for collection, I told them that the item was for delivery and provided screenshots of the original eBsy listing.

    I then received an email from PayPal saying that the seller provided a tracking info and they were able to confirm delivery even though it was no tracking information provided at all.

    eBay then provided me via live chat and emails confirming that the seller story is fake and that I didn’t share my contact details with him nor I requested the item to be picked up, yet PayPal didn’t want to know.

    3 days later, eBay messaged me stating that the eBay account was compromised by this fake seller, I forwarded the info to PayPal but again they were not interested and they limited my account and froze my balance, it was over £900 for 2 months but I was able to transfer my balance afterwards.

    i have contacted the Ombudsman service but they just checked PayPal’s T&C to see whether they have followed it when they dealt with my concern or not. According to PayPal T&C the buyer protection service is not guaranteed on all transaction and it's down to Paypal themselves to make a final decision once a case is raised by a buyer.

    The lady from the Ombudsman service told me over the phone that my other option is to raise a small claim court case as the court will have more power than the Ombudsman.

    I have been trying to resolve the issue with PayPal for over three months now with no joy, they are not willing to help or cooperate.

    I would like to start a small claim court case against two parties, PayPal and the seller who scammed me, I have PayPal‘s address but only have the seleer’s name and email address, I have requested the seller address but PayPal are refusing to provide it.

    my question is, will I be able to start the small claim court case using the seller name and email address without his UK address in addition to PayPal UK address!

    Any tips or help will be much appreciated.

    many thanks in advance.
    Tags: None

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