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    • MSE Amy
    • By MSE Amy 2nd Jun 15, 9:50 AM
    • 27Posts
    • 36Thanks
    MSE Amy
    Warning! Donít use PayPal to pay on a credit card
    • #1
    • 2nd Jun 15, 9:50 AM
    Warning! Donít use PayPal to pay on a credit card 2nd Jun 15 at 9:50 AM

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    • unholyangel
    • By unholyangel 22nd Sep 16, 4:02 PM
    • 9,947 Posts
    • 7,155 Thanks
    This might prove interesting reading: although perhaps poorly worded as although it provides a legal authority that section 75 protection can exist when paying via a emoney service like paypal, its not always the case and depends what capacity paypal was acting in.

    The key issues which determine the applicability of section 75 are identified very clearly in Office of Fair Trading v Lloyds TSB Bank Plc and others [2006] EWCA Civ 268 7 and the Bank of Scotland v Alfred Truman (a firm) [2005] [EWHC] 583 (QB). This is legal authority that section 75 protection does exist where one has paid on credit card for a product, via an eMoney service.
    As for the poster who thinks section 75 is evil because it holds creditors liable, I'd point out that section 75 entitles the creditor to be indemnified by the supplier for any losses they incur due to a section 75 claim. If the creditor is making so much money they don't think it worthwhile to enforce that section, well thats their call.
    Money doesn't solve creates it.
    • GraceCourt
    • By GraceCourt 23rd Sep 16, 5:07 AM
    • 178 Posts
    • 103 Thanks
    Groundhog Day???
    This might prove interesting reading...
    Originally posted by unholyangel
    It might be interesting, but unless you are offering to fully underwrite the legal costs of everyone who tries to recover their losses using Part 27 proceedings in the County Court (because Rule 27.14 CPR 1998 prevents each side claiming their legal costs from the other, except for the "fixed issue" fee), it's fairly irrelevant.

    This web site doesn't agree with you, the Financial Services Ombudsman doesn't agree with you, and as pointed out above, it looks as though PayPal (Europe) S.ŗ r.l. & Cie doesn't agree with you, given the warning that the company now clearly displays when consumers are about to use the service.

    Notwithstanding the fact that we keep going round and round and round in circles on this one, the advice clearly set out in the original post still stands and no-one - as I keep on saying - has provided details of any actual proceedings where this theory has been tested and upheld in a real, successful County Court claim. So, if you decide to take the risk, you are either mad or extremely wealthy (or perhaps both). Lesser mortals - don't pay sums of £100 or more via PayPal using a credit card because you won't have any Section 75 CCA 1974 rights. And beware unqualified legal "experts" who tell you something is safe when everyone else is telling you the complete opposite.

    How many more times does this need to be said???
    Last edited by GraceCourt; 23-09-2016 at 5:11 AM.
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