Paypals uk registered address for court procedings please??

martindow

Vomityspice wrote: »

An Irish address is absolutely fine. Thanks to the wonders of the European Union, individuals can claim upto €2000 via a small claims procedure.

Do a google search and all will be revealed.

Not according to this - service address needs to be in England or Wales

http://www.hmcourts-service.gov.uk/onlineservices3/important_info/claim_criteria.htm

Maybe EU claims can only be started at a court office?

If you did use an EU address, could the defendant ask for the claim to be transferred to their local court? In many cases a claim would not then be worthwhile and you might have to attend court and use a foreign language! Might be best for the OP to use the Richmond address.

Vomityspice

martindow wrote: »

Not according to this - service address needs to be in England or Wales

http://www.hmcourts-service.gov.uk/onlineservices3/important_info/claim_criteria.htm

Maybe EU claims can only be started at a court office?

If you did use an EU address, could the defendant ask for the claim to be transferred to their local court? In many cases a claim would not then be worthwhile and you might have to attend court and use a foreign language! Might be best for the OP to use the Richmond address.

You should rarely use MCOL as there isn't enough space to fill if full particulars of claim. Do it the old fashion way and it will be fine.

Look at:

http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l16028_en.htm

and

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

specifically http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=1048

martindow

Vomityspice wrote: »

You should rarely use MCOL as there isn't enough space to fill if full particulars of claim. Do it the old fashion way and it will be fine.

Look at:

http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l16028_en.htm

and

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

specifically http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=1048

I've learned something today - thanks!

Do you run the risk of the defendant putting in a defence and asking for the case to be transferred to a local court? If so it could well not be economic to pursue and you could find yourself in a court using one of the many EU languages. An interesting experience but tricky to succeed in your claim.

patman99

Surely the claim is against the delivery company (in this case, DHL), they incorrectly delivered the item when it was returned to you.
Paypal are simply a money transfer agency. Their role in life is to accept a payment from a buyer and pass it on to a seller. The fact that they also offer dispute resolution is a bonus. A lot of similar companies do not offer such a service.

fishingcinema

patman99 wrote: »

Surely the claim is against the delivery company (in this case, DHL), they incorrectly delivered the item when it was returned to you.
Paypal are simply a money transfer agency. Their role in life is to accept a payment from a buyer and pass it on to a seller. The fact that they also offer dispute resolution is a bonus. A lot of similar companies do not offer such a service.

Hi all

Just to update you to what has happened since my last post.
Went down to DHL on more than one occasion and got them to change the tracking info as it was showing as delivered but was not.

Phoned paypal as i had this new info and was told it had already been escellated to a higher dep even though they had already paid the money back to the buyer.

For once the guy was great and gave me an email address so i could email him over the new evidence and it would be attached to the case.

Will have to wait and see now.

I see what you are saying that surely i should be claiming against the courier but hopefuly you can see from my point of veiw.

Buyer wants to return item
I say fine return for a refund no problems
Buyer emails saying where is refund
I email to say i have not got item but as soon as i have i will refund
Buyer opens paypal claim
Buyer wins claim and is refunded.

I never receievd my item back, no signature was obtaind from me for the item and i was under the ompression that if you return something over a certian value you need a proof of signature.

Also there is now nothing stopping the buyer making a claim against the courier as they know the item is missing so they get a £212 refund courier compensation and i get nothing.

Also the courier did say i could claim to stop her doing as above but i said could you honestly stand there and tell me that dhl would pay out £212.00 as i am sure they the buyer would have not insured it for that.

Hopefuly this makes some sense as to why i am so angry with paypal

Vomityspice

martindow wrote: »

I've learned something today - thanks!

Do you run the risk of the defendant putting in a defence and asking for the case to be transferred to a local court? If so it could well not be economic to pursue and you could find yourself in a court using one of the many EU languages. An interesting experience but tricky to succeed in your claim.

Its a small claims.....no chance of getting the venue changed. Remember you are making a claim for damages so the venue is where you file. Also no need to worry about the language, again you have issued the claim so the case will be conducted under English Law. The fact that this might not be their native tongue is not your problem.

However, unless you never want to sell/buy on Ebay again, serving them with a claims form, even though you are entitled to do so, might not be the best idea. Better to attempt to resolve the dispute at the lowest possible level , only escalating if it is not resolved. Frankly, taking Paypal to court is really a last resort scenario.