Paypal debt collection

arcon5

I'm 95% certain when PayPal refund a buyer they make them return the item and provide tracking information before returning the funds to them.. no?
i think its a safe assumption op ahs the watch.

ADDING: read both below mine

Op:

Who has the watch?
Was the watch as described? ie. did you sell it with faults or without faults? Do the buyers concerns about the winder carry any weight?

Its only right though somebody paying such large sums of money for a watch has it checked by a professional upon receipt.


If he genuinely can't find the money to repay PayPal and doens't have the money anymore then his best bet is to let it go to the collection agency. It usually takes months of chasing to get to court as even after getting a CCJ against the debtor they still have the gruelling task of enforcing the judgement. If op can negotiate repayments for the amount with the collection agency that will be his best bet.


I've been in a similar situation with PayPal before, it got sent to a collection agency who was very agressive in trying to collect payment. This was when I was disputing the debt with PayPal and refused to make any payments to them. In the end I caved in, telephoned them to arrange a payment plan and they was quite helpful and accomodating in trying to agree a suitable and reasonable repayment method. The point here is, in my experience as long as your showing some form of committment to repay the debt in a reasonable time frame you will get a much different response.

Either way, I hope your able to find a new buyer and get something sorted.

shaun_from_Africa

Even though the OP hasn't confirmed it, I think that from a comment in their opening post it sounds as if they have received the watch back and are now in the process of trying to resell it.

I am trying so hard to get it sold and give them the £1,250 I need to, but I haven't managed to sell it yet

tomwakefield

As there seems to be some confusion, and I don't think the OP has specified either way:

OP - did the buyer have the opportunity to inspect the goods before they paid you the money?

vax2002

The entire case rests upon who has the watch.
The Buyer can not have the watch and the money.
The seller can not have the watch and the money.
This is basic Common Law.
If the Buyer has the watch and the Seller has the money then paypal have no lawful disposition to give the seller his money back.
As said earlier Payapal are riding bumpy ground and many others have tried to get them to take them to court over similar situations, we are all waiting with baited breath for the first case .
Instead they resort to methods akin with Private Parking Ticket collectors.
We await the conformation on who has the watch.

easyhost

Norfolk_Jim wrote: »

Pay Pal live in a world of their own making.

I agree. Paypal are under the impression that any laws do not apply to them because they have policies.
Explain why the FSA refused to renew their registration so they moved to Luxembourg. It was due to their business practices

vikingaero

easyhost wrote: »

I agree. Paypal are under the impression that any laws do not apply to them because they have policies.
Explain why the FSA refused to renew their registration so they moved to Luxembourg. It was due to their business practices

PayPal remain a voluntary subscriber to the Financial Ombudsman Scheme. The OP should go through PayPals complaint procedure and then escalate the complaint to the FOS.

I agree that the issue of the current whereabouts of the watch is a crux matter. If PayPal have refunded without insisting on the watch being returned then that's their problem - how can it be fair that the OP is liable for the funds they refunded and possibly allowed the other party to keep the watch?

And Cartier would of course say that a watch needs a full service! It's £££ for them. How would the OP know that the winder is defective? What is the level of defect? A scored winder from normal use? I have quite a few premium watches and I don't service them regularly and they work fine and have done for years.

Definitely dispute the debt with PayPal to stop further collection activites. If they have already passed your account on to a debt collection agency they will probably hound you with phone calls - so write them the Protection from Harrassment letter and ask for everything in writing.

easyhost

vikingaero wrote: »

PayPal remain a voluntary subscriber to the Financial Ombudsman Scheme.

true as all financial services operating within the UK must adhere to the Financial Ombudsman Scheme (FOS)

but the Financial Services Authority (FSA) is a different organisation and this is the one that would not renew Paypals registration.

vicx

vax2002 wrote: »

The entire case rests upon who has the watch.
The Buyer can not have the watch and the money.
The seller can not have the watch and the money.
This is basic Common Law.
If the Buyer has the watch and the Seller has the money then paypal have no lawful disposition to give the seller his money back.

When a buyer opens a Paypal dispute/claim and Paypal favour the buyer, the buyer is then requested to return the item back to the seller by Recorded/Special Delivery.

Once the item has been returned the buyer enters the tracking number on the Paypal claim. Paypal use this tracking number to check the item has been returned and delivered, then they refund the buyer usually within a few days.

If the seller does not have the funds in their Paypal account, their account is on hold until funds have cleared.

The OP will now have the watch back, The buyer will have been refunded and the OP's Paypal account will be on hold.

vicx

Kather1ne wrote: »

Hi guys, I sold a cartier watch recently, originally I advertised it on ebay but I didn't sell it but one of the potential buyers asked if they could buy it privately so I said yes.

Why did you accept to sell outside of eBay? You do realise this is against eBay rules? There is a warning message at the top of every eBay message you receive which states these rules.

'Do not respond to the sender if this message requests that you complete the transaction outside of eBay. This type of offer is against eBay policy, may be fraudulent, and is not covered by buyer protection programs.' http://pages.ebay.co.uk/help/policies/rfe-spam-non-ebay-sale.html

bris

Let's get one thing clear about a private sale, DSR does not apply and it's "caveat emptor" this can be challenged if the item is mis described, if the item was bought with no lies or guarentees from the seller then no refund needs to be given, this is UK law. Paypal however are a law all to themselves and will do it their way. Under UK law paypal would lose, this is why they would never let it get to court or go to court to enforce their terms. They use bully boy tactics and threat's to get their way.