Paypal debt collection

GraceCourt

easyhost wrote: »

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.

But they don't operate within the UK! Have you never spotted that their FSA licence as an "electronic money issuer" expired in 2007 when they moved to Luxembourg, and that all UK communications are to and from the Luxembourg company?

I asked them six times - each in writing, in a vain attempt to recover losses that, in England & Wales, could be sought in the County Court - to provide the registered office of the Paypal subsidiary in the UK that would accept the service of legal process on behalf of the Luxembourg-based operation (notices of claim in Part 27 proceedings in respect of payments made by Paypal from the UK to Northern Ireland).

Paypal simply ignored every single request... the responses were boiler-plate responses outlining how to use the "Paypal assurance policy".

See here.

Kather1ne

Thanks for all the responses.

I originally was selling it on ebay, gave a full description with pictures, I said it was working as I'd just had the battery replaced although I did say it wasn't sent to Cartier for the battery replacement. The watch had stopped ticking about a year before and so it had been sitting in a box so I decided to sell it and I took it to a jeweller and they replaced the battery. After the battery was replaced it was working perfectly again so I thought it was in fit condition to sell. It worked no differently when the battery was replaced to when it was working originally and I'd worn it for 5 years continuously so I would have noticed if there was something wrong (since getting it back I still can't find anything wrong with it, ticking away nicely, winder seems to be working perfectly).

Since I had the issue with paypal I've done a lot more research and apparently you're supposed to replace with Cartier only batteries. Cartier will do a full service including battery change for £450 which is what they told the buyer they would do, I really don't know what the problem with the winder was as the watch is still working but Cartier hadn't quoted anything extra to the buyer to 'fix' this, it was just included in the service price. I 'think' what they meant was that their batteries are specialist battiers so the watch doesn't have all its special functions unless you use one of their batteries but I have no idea what is supposed to be not working.

The ebay description was accurate, the watch is about 6 years old and I said it had never been sent off to Cartier, just that I'd replaced the battery at a local jeweller.

I think I'd probably be miffed as well if I was the buyer at having to pay for a service. The buyer obviously took it to Cartier to check it's authenticity which they confirmed it was authentic, had it been left at that then fine but Cartier went on to say it needs a service. When they asked for a private sale, their only concern was that it was genuine which is why all the invoice said was genuine Cartier watch, model number and then I specified it was non refundable. A lot of people have mentioned 'sold as seen', I didn't mention anything like that as I'd given them all the information beforehand, all I can say is that information hasn't changed.

I'm not after the watch and the money, that wouldn't be fair and as Paypal found in the buyer's favour, I appealed, they found again in their favour, I appealed and then they said it was case closed. One of their advisers told me on the phone that she couldn't understand why it was refunded and I made that point in my appeal but they just said it was up to them to decide what was 'materially not as described' so they couldn't comment further.

I just want to get it sold, I've had another e-mail from Paypal giving me an 0208 number for someone called Fabio so I'll call them tomorrow and explain that it will be paid but I just need some time to get it sold. I'm taking it to a local jeweler on Monday and just hope they offer me a reasonable price and then I'll have to pay the balance when I get paid next, I hope it won't go to debt collection as it sounds scary.

I'm going to go to the financial ombudsman as well and see where that takes me. It seems clear from all your responses that there's nothing I can do to stop Paypal. I've been using them for so long, didn't realise I would end up on the wrong side of them but I've learned my lesson.

Thanks again for all the advice given, hope I've covered all the questions some of you had but happy to provide more info if you think it would help.

tomwakefield

bris wrote: »

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.

One can lie by omission, although I don't know where that would stand legally.