Taking on Paypal

qaz179

Good luck to you oscar.
I personally have had paypal roll over on a decision when threatened with the oimbudsman - all their decisions are totally arbitary , they are a complete cowboy outifit . They know they are winging it and consequently can be leant on. However you are the buyer whom they ordinarily favour so you may in this instance just have missed the bell - regardless of anything i would say take paypal to court just for the hell of it.
Obviously absolutely no point it taking your seller to court (or any private individual) you just dont want to go there so dont even consider it, but paypal yes - and any terms of agreement or contract can be challenged in court but yours is more a case of just missing the boat i fear. Anyway keep the faith.

QuackQuackOops

Paypal havent broken any consumer laws though, have they?

Their T&C's are nothing to do with consumer law.

lovinituk

oscardog - which consumer laws have Paypal breached? I'd be genuinely interested to know. And you will need to know this if you get to court (unless you are hiring legal council who should know on your behalf).

tightwadman

Also, small claims cannot leave legal costs to any party (winning or losing). Oh yes they can.
Generally they don't, but that's not the same as saying that they can't.
If you read the Gov't website on the small claims procedure, they make this clear.
http://www.adviceguide.org.uk/index/...all_claims.htm


Quote:
In most cases, the court will not order solicitors’ costs to be paid by the losing party in a small claims case, and if you instruct a solicitor you will have to pay the costs yourself

Your quote proves the point - losers cannot claim back court costs and if you bring the case yourself all you have to lose is a small sum of money. Big companies cannot claim back their solicitors/ barristers fees so in small sums like this its not even worth defending and they
usually back down.

Good luck with this , we need a test case because paypal just dont listen, dont care and are simply impossible to deal with.

lovinituk

*edit* ignore me!

forgotmyname

What are the costs for the small claims? eg this case £150 + a bit extra i guess for time and postage costs.

Can you get them to pay money to the courts instead of yourself?

oscardog

Have now received their defence and obviously I am not giving out the details but I am more and more confident as a result.

Their defence is their T&Cs - nothing else.

More details when I have them.

the_lunatic_is_in_my_head

Their defence is their T&Cs - nothing else.

What is your argument against their T&Cs?

QuackQuackOops

Pals T&C's are in addition to your rights as a consumer, not instead of.

You dont have any chance with Paypal whatsoever as they have not done anything wrong. Your issue is with the seller. You ought to be sueing them (if they are in the wrong), not Paypal.

I feel you are blowing hot air because you messed up yourself and are looking for someone to blame. You came here looking for confirmation of that and havent got it, yet you somehow seem to miss all the posts that say "Paypal have done nothing wrong".
Maybe your problem is more to do with reading and understanding?

lovinituk

oscardog wrote: »

Their defence is their T&Cs - nothing else.

That's still more than you appear to have! You seem to be ignoring all the requests asking what exactly you are basing your argument on!

The fact that Paypal have entered a defence shows they are not just going to roll over as some have suggested here.