I want to take legal action against Ebay and Paypal to recover my item

mrsiasy

Dear OnceUponeADream, If you book a shipment with UPS International Express, it is guaranteed 2 days delivery. Go online and check it out. Cheers

Dear Desert, thank you for your post.

mrsiasy

I just wanted to add this info which may or may not be of interest to users.

Apparently, a new procedure "European Small Claims Procedure (ESCP)" has come to effect from 1st January 2009 to provide consumers and businesses debt recovery process for low value claims in cross-border cases.

This may sound silly, but I am too confused to even think straight. who do I need to submit the claim against?

A) - The actual buyer who purchased the item on Ebay and whose address is registered on Ebay and appears on the "ITEM SOLD" notification. OR

b) - The person, whose name and address was given by the buyer for the delivery, and where the item was actually shipped to?

Any helpful comments would be truly appriciated.

mrsiasy

The information for European Small Claims Procedure (ESCP) can be found at the following link:

http://www.hmcourts-service.gov.uk/infoabout/claims/eu_cross_border_claim/index.htm

Cheers

Andy2342

Have to claim against b) the name and address you sent it to. But like everyone else has said you're wasting your own time and more money. Just cos you get a judgement in your favour doesn't mean you'll be able to recover the money, it's hard enough trying to get money from a judgement in the UK if the person doesn't own property etc let alone trying to get some debt company in Lithuania to recover money from what is probably a false name at some drop off address.

frivolous_fay

Andy2342 wrote: »

Have to claim against b) the name and address you sent it to. But like everyone else has said you're wasting your own time and more money. Just cos you get a judgement in your favour doesn't mean you'll be able to recover the money, it's hard enough trying to get money from a judgement in the UK if the person doesn't own property etc let alone trying to get some debt company in Lithuania to recover money from what is probably a false name at some drop off address.

Have you turned over a new leaf?

ixwood

Can he claim from his credit card company as mentioned earlier?

soolin

ixwood wrote: »

Can he claim from his credit card company as mentioned earlier?

He has no basis for a claim. he used a company (paypal) failed to follow their guidelines and procedures and fell for the most commons scam going. The payment taken from the credit card was as per paypal agreements, I think this would be wasting good money to try and persue this one via a credit card issuer.

Andy2342

He can get his money back from paypal via a chargeback because he never withdrew to that card or authorised payment to them. Obviously paypal will them persue him by other means for the money so he'd need to close the bank acc but the CC comp will do a chargeback for the unauthorised payment they took via his card and not the account he wihdrew too.

custardy

but doesnt that depend on the T&C's on agreeing to use PP?
if they agreed to allow PP to take funds from that card then whats unauthorised?

StaffsSW

custardy wrote: »

but doesnt that depend on the T&C's on agreeing to use PP?
if they agreed to allow PP to take funds from that card then whats unauthorised?

That's already been mentioned, but ignored