Taking on Paypal

oscardog

Will try and keep it short!!

Bought an item from a guy in Germany - was broken so I raised a dispute via Paypal and returned the item.

I go away for a few weeks where I could not access the web and when I came back, the seller did not refund me and Paypal closed the issue as I had not "raised" the matter to a claim within 20 days.

I am now plenty of cash down (over £150).

Paypal were a brick wall so I issued a small claims summons against them (was only £25) which is in the system at the moment.

I just want my day against Paypal as they just do not care as long as they get their fees and have been complicit is defrauding me out of my cash. They have confirmed by email that the payment was never refunded and I have proof of postage. Terms and conditions do not over-rule the laws of the land!!

Unsurprisingly, the seller has disappeared off the planet!!

LET'S ROCK :mad:

chemical.galaxy

Contact the Ombudsman - it's free...
I am also currently in dispute with Paypal over something and the Ombudsman are on the case!

Oliver14

you did not adhere to the set timelines (as you admit) so you haven't a leg to stand on. It's not paypals fault you never escorted escalate the claim in time.

MyOnlyPost

Oliver14 wrote: »

you did not adhere to the set timelines (as you admit) so you haven't a leg to stand on. It's not paypals fault you never escorted escalate the claim in time.

Sorry Oliver but you are wrong. It has to be tested in court as to whether Paypals T&C are lawful first. No company can over ride your consumer rights, regardless of T&C

zenseeker

Did you return the item via a trackable method? Do you have proof that the seller has received the item back?

Strapped

Why are you not suing the seller?

bris

The problem you may have is that paypal are only the third party in this who handle the payment. Their terms and conditions are over and above you statutory rights. You failed to meet their deadline so your fight is now with the seller. You may have to sue them instead.

oscardog

Lovely to hear all replies but as I said, the seller is in Germany and gone off the grid!!

My request to Paypal is simple - allow me to escalate and we are all happy. They say no so sod them.

It is possible I will lose but I think £25 is a small price to pay to make them jump through a few hoops for a change. I may even get my day in front of the judge and he can decide things.

As a couple have said, T&Cs can be challenged as unlawful if they contravene consumer law.

Do you think that Paypal would risk losing a judgement challenging their T&Cs? That would send a bit of a shockwave through Ebay..............

Anyway - back to Xmas champagne and excess!!

vax2002

I salute you.
Go for it, they have bullied ling enough.

the_lunatic_is_in_my_head

"Do you think that Paypal would risk losing a judgement challenging their T&Cs?"

Small claims cases rarely set a precedent, their lose would cost them very little so I doubt they would roll over through fear of their T&Cs having to be changed. In order to win I think you'd have to prove that their failed to adhere to their User Agreements and the legal agreements within this.

You can still sue the seller, there is a small claims procedure for members of the EU, you may however find yourself without a Paypal account soon rather than the option to escalate a case.

gavjbrown

You do realise you will have to fork out some more money if it gets to the stage before booking a small claims hearing?.

Out of interest, do you have online trackable proof the seller received the item back