Notice of Pending Legal Action from Paypal

wirralite

I have read some of the other posts on here about the Paypal "parasites" with grave concern. Some of the comments on other posts have been "just pay"; how can we live in a society where these bas--rds can just chase us for money we dont owe and expect us to pay.

How can paypal/ebay be a law unto themselves. I still need to use ebay on occassion but I now refuse to receive payment via paypal; I will only sell items for cash on collection.

But that doesnt help my current situation.

I sold a kitchen sink in March 2006. I had bought it and found it was 2" too big for my kitchen. It was bought by someone in Hungary. I initially thought it was odd that someone in Hungary would buy a heavy, expensive item from UK, but thought as long as I shipped it AFTER transfering the payment from paypal to my bank account I would be covered.

I shipped the sink by registered courier with insurance.

The buyer initially claimed no to have received the sink. Paypal requested proof of delivery from me. 1 day after requesting the proof I email the link to the tracking information. I still have the email.

Paypal replied that they could not confirm delivery from the link I sent, so I got a copy of the signed waybill from the courier, faxed and emailed it to paypal and the buyer.

The buyer told me, in an email, that the sink WAS received but was damaged. He sent me photos of a box that was destroyed, and yet he accepted the delivery, signed for it, and did not note the damage on the waybill. Upon contacting the courier, I was instructed to get the rceiver to instigate a claim for damages. I passed the details to him, but he never put in a claim.

So, I sold an item; and I shipped the item. The buyer received the item and must have damaged it after receiving it then tried to claim it back from me. Paypals communication is poor, so the right people never dealt with my responses to their inquiries. Now they want £142 from me.

How do I fight this? It has been going on for 2 years.

Enterprise_1701C

Surely the person signed for the goods and therefore accepted them. He never instigated the claim for damages. He therefore has more or less admitted that the sink was OK when he got it.

Have you got legal insurance with your household insurance? Have a look , they may well be able to help you on this if you have. If not, I still would let it go to court and let a judge say what you have said. If the item was damaged then any person in their right mind would see that helping with the claim would help speed everything up.

It's about time someone did something about Paypal - I have several items I would love to sell including a high value item, but the best place to sell is Ebay and I do not want to be forced into being paid by Paypal in case I lose it.

Just one other thing - normally Paypal ask the person to return the damaged item as proof, why has that not happened here?

soolin

You've posted this before under a different name but I assume you didn't like the answers you got that time?

EDIT: Just to put that if you don't understand the rules you need to be more careful about using online sites. For instance you are going to get banned from selling completely by refusing to accept paypal, or maybe you forgot to read the terms and conditions, again.

wirralite

Yes. I have posted this before.

But Paypal have raised the bar now, by instigating legal action.

I must have missed a few posts on the old thread, I am going to submit a complaint to the Financial Ombudsman this afternoon after speaking with citizens advice, and my solicitor.

I have also just realised, after speaking with Paypal this morning, that the refund was £250, not £142. Apparently, paypal have already claimed £108 from me, which I never noticed. I will instigate my own action to reclaim that money.

Can I sue for lost earnings and stress related compensation? I have spent HOURS, if not days trying to sort this out with Paypal.

As for "forgetting to read the terms and conditions", I forgot that Ebay now force you to use paypal. I have not used ebay for a while. I really dont care if they ban me!

wirralite

Regarding paypal: If I MUST accept paypal; is there anything in their terms and conditions to prevent me adding a surcharge (ie.£25) for anyone wanting to pay via paypal. This should pass their rules but encourage people to pay cash on collection.

mustrum_ridcully

wirralite wrote: »

Regarding paypal: If I MUST accept paypal; is there anything in their terms and conditions to prevent me adding a surcharge (ie.£25) for anyone wanting to pay via paypal. This should pass their rules but encourage people to pay cash on collection.

If you mean in an ebay auction then NO, this was banned by ebay several years ago.

emweaver

did they chase you for payment before taking legal action?

i have a similar situation from a year ago but not heard anything from paypal about it

wirralite

emweaver wrote: »

did they chase you for payment before taking legal action?

i have a similar situation from a year ago but not heard anything from paypal about it

Not that I want to frighten you....but I did not hear anything for well over a year. I assumed it was dead and buried. THen I started getting calls from a debt collector.

Everytime they called I explained that I didnt owe the money; that I satisfied everything they asked for, and sent every proof they needed of the delivery in plenty of time for them to make a decision. Still every time they called me, thy simple requested payment and had no recollection of the previous conversations.

Finally last week, after receiving a notice of intended legal action, I phoned, and they agreed to return it to Paypal as a "refusal to pay". sooner or later I know this will end up in court as I am simply NOT paying £150 extortion money to Paypal.

I am taking someone elses advice and complaining to the Financial Ombudsman too, as at least this will cost Paypal some time, money, and grief.

emweaver

I am getting worried now I had a email last July to say it was being passed to debt collectors but have heard nothing since! What debt collectors do they use?

mullett

Hi they use. NCO Europe limited. I had a similar chargeback THREE years ago and heard nothing about it until two days ago when I recieved a debt collectors letter!!! Nice.

Hintza

You can sue for whatever you like. The question is how much is all the legal action going to cost. If you think it is worth it and your solicitor agrees then go for it. But what happens if you lose?