Paypal Issue

DigitalDaz_2

Hi all,

I hope I have chosen the right forum to ask this question in.

I have a problem with Paypal in that I am disputing a transaction with them. They are saying I owe them, I am saying I don't. I have told Paypal that I am quite happy to pay them if they can show me in writing how I owe them the money and how they met their side of the contract.

The problem I have is that they have now passed the debt to a company called EOS. I have told this company EOS, exactly what I told Paypal and said I do not owe Paypal anything. They insist that I do because Paypal told them I do and they continue to send even more threatening letters.

Is there anything I can do to stop EOS doing this, I do not want them to obtain some sort of judgement against me without me being able to defend this. My dispute is with Paypal.

Where do I stand?

TIA

Daz

Tixy

Have you written to them for proof of the debt at all or just asked them to provide something by phone?

What sort of transaction was it and as it something that never happened at all/ie you knew nothing about it or just that you dispute they did it correctly?

I would write to EOS saying you dispute the debt and asking for proof - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

DigitalDaz_2

Tixy,

No, I have never asked for a proof of debt in writing, only over the phone, thanks for the link, that letter is great.

The dispute arose when I sold something last year it was a piece of IT equipment, a server.

I had reinstalled all the software etc as I was legally allowed to on its OEM license. The software could only run on that server because of that license.

I shipped the item and a few days later, the guy who bought it emailed me and asked did I have the original disks. I told him no I didn't, it was a clean install exactly as described and that to supply him the discs would be illegal.

A few days later I received another email saying that if I did not supply the discs he would dispute the transaction. I didn't and so he did. The reason he used was that the item was "significantly not as described". I was infuriated with this as it was exactly as described. It was a good deal and I believe he was never interested in the hardware, just the licenses.

Paypal found in his favour and when I asked why I was told because it was a PC issue and they were not experts thay had just found in his favour anyway. I was even more annoyed by now as the shipping had cost me £43 as it was very heavy.

Paypal said that the goods needed to be returned to me and that they had to receive shipping information by a certain date from the buyer or he would not get a refund. The day after the expiry of this date, the buyer shipped the goods.

When I received the server back it was badly damaged, it would not start up and there was paint missing of the front of the case even the the box ewas intact. This showed that the damage was not done in transit. In fact the whole drive case was twisted. It had been dropped probably and dropped quite hard, it was a HP Proliant server and the cases on them are very sturdy. This makes me even surer they were not interested in the hardware.

I told Paypal that I had received the goods damaged but they insisted that in order to appeal I had to pay what they decided I now owed them because I had received the goods. I also pointed out at this time that the goods had been shipped AFTER the deadline they themselves had set. Once again the said I could dispute it after I had payed them the money thay had now paid back to the buyer. I told them that I didn't own them anything, they had paid the buyer back erroneously.

And here we are today

This is definitely not about money, its about Paypal totally ignoring the interests of the seller, I did everything I was asked, I even declined a private offer made to me by another buyer during the auction.

I had been using Ebay at this time for a year or so and had spent a good couple of grand on there, I also had a Paypal prepaid Visa which I used to use to buy goods and services from abroad with, they stopped that too. I also had a business account that I had and was just nearing the end of setting up an online business which they also stopped because it was a 'related account'.

It was truly a horrible experience, I don't think I will ever sell on Ebay again. I had had great feedback too for both buying and selling, all that of course went.

To add insult to injury, my mum had an Ebay account that I used to manage for her, one day I thought sod this, I can't be bothered keep logging on to her email so I added my email as an additional one for notifications. Paypal soon saw this as a 'related account' and blocked my mum's Paypal account and her Paypal prepay Visa too.

All in all, a hideous nightmare. I would happily give the amount they claim I owe to charity but the are not getting a penny!

adfax

I can sympathise with your problems with Paypal - I had a similar issue with a laptop that I sold. They only send standard replies to letters, they believe the buyer more than the seller, and they act as judge, jury and executioner!

Where my experience differs to yours is that they did in the end find in my favour.

As far as where you stand with this debt, as far as I am aware Paypal debts are not enforceable as at no point do you enter into a credit agreement with them.

Stick to your guns with the DCA and dispute that you owe the money - it is likely they will eventually return the debt to Paypal.

The only thing that you might have done differently which would have put you in a stronger position would have been to refuse delivery of the returned item - you can do that and the courier will return to sender.

Sorry I can't be any more help - Paypal makes my blood boil everytime I see something like this!

DigitalDaz_2

I was going to refuse to accept but then they said they would rule against me, if I had of opened the box I probably would have done!

I actually mentioned this on the day the seller dispatched the goods, at the same time I also pointed out that it was past their deadline. That is why I wanted to refuse delivery.

DarkConvict

I agree with your decision to hold your ground.

Throw this back at the debt collector - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
h. ignoring and/or disregarding claims that debts have been settled or are
disputed and continuing to make unjustified demands for payment

False representation of authority and/or legal position
2.3 Those contacting debtors must not be deceitful by misrepresenting their authority
and/or the correct legal position.
2.4 Examples of unfair practices are as follows:
f. pursuing third parties for payment when they are not liable

Tell the debt collectors to back off, or you will report them to the OFT.

If paypal wish to pursue this further then they should take you to court, at which point you will bring forth full evidence that you upheld your contract and supplied the goods that were described. Further more the return goods were severely damaged, as such you have no intention nor requirement to pay paypal any money. If paypal have mistakenly credited the buyer with funds when they should not have done so, then they should pursue them instead.