Paypal and small claims court

Sam1224

You can amend the defendant name and ask the court to give permission to serve your claim out of the jurisdiction and then you can use the Luxembourg address.

Matz01952

Sam1224 wrote: »

Great news guys, PayPal are now offering me a full refund for my lost payment plus the court fee in order for me to discontinue with the claim against PayPal S.A.R.L et CIA, they are now listening to the power of court.
They still claiming that they followed the right procedure when closed the case in the seller’s favour. But what really makes me laugh that they are offering me a full refund plus the court fee as a gesture of goodwill with a condition of keeping the offer confidential and not to share my experience in resolving the issue with others.
I still want to continue with the claim for the fact that they don’t want to admit making a mistake and miss-treating me for the past few months plus I will proof them my innocence and teach them a good lesson and force them to pay me back my money.

What do you guys think!

Thanks in advance

It would be great if you could detail what happened from the last post where you mentioned any action to help others as it does seem they run the same action to get it thrown out of court based on the name of the company.

nnm

yes please tell us step by step how did you issue the claim against the correct paypal entity?
im also stuck in their musical chairs game of shell UK companies and unsure who to sue..
did they use any lawyers

Sej31

Hi everyone,
I'm new to this but need ur help.
So I sold my phone Ebay where the person paid just under £500 for it. I wasn't aware of the PayPal coverage at the time and delivered it to him in a petrol station. We had communication via emails and phone prior to this and he sent an email saying that he has received the phone via the ebay emails and the transaction is complete. A few hours later I got a chargeback from Paypal saying that the buyer did not order this phone and some one has hacked into his account. I was able to contact Ebay who informed me (of the record) that the buyer has not reported fraudulent activity which them but has directly contacted Paypal for a charge back. I am awaiting the outcome of this but from what I have read I am not covered and I need to find out what is the best way to sort this out. Ebay were really supported but explained that the buyer seems to know the system - he would have been alerted of fraudulent activity/spending alert and clearly. I went back to the Petrol station that advised me that they are likely have footage with everything but need a police request to release it. I will report with the police tmrw but please advise what I can do to get my money. From these forums it seems Paypal favours the buyer. I feel violated but its the principle of the situation, I read it seems to be happening far too often and Paypal don't seem to have a process in place for it. Please advise best course of action - I am expecting a long process but its the principle of this and I don't want anyone else to feel like I do.

soolin

Sej31 wrote: »

Hi everyone,
I'm new to this but need ur help.
So I sold my phone Ebay where the person paid just under £500 for it. I wasn't aware of the PayPal coverage at the time and delivered it to him in a petrol station. We had communication via emails and phone prior to this and he sent an email saying that he has received the phone via the ebay emails and the transaction is complete. A few hours later I got a chargeback from Paypal saying that the buyer did not order this phone and some one has hacked into his account. I was able to contact Ebay who informed me (of the record) that the buyer has not reported fraudulent activity which them but has directly contacted Paypal for a charge back. I am awaiting the outcome of this but from what I have read I am not covered and I need to find out what is the best way to sort this out. Ebay were really supported but explained that the buyer seems to know the system - he would have been alerted of fraudulent activity/spending alert and clearly. I went back to the Petrol station that advised me that they are likely have footage with everything but need a police request to release it. I will report with the police tmrw but please advise what I can do to get my money. From these forums it seems Paypal favours the buyer. I feel violated but its the principle of the situation, I read it seems to be happening far too often and Paypal don't seem to have a process in place for it. Please advise best course of action - I am expecting a long process but its the principle of this and I don't want anyone else to feel like I do.

Firstly ask the board guide on this board to move this to the eBay board (see my signature).

Unfortunately you gave up your seller protection when you failed to adhere to the seller requirements that PayPal advise of on all their emails and transaction history.

I'm on a mobile and can't cut and paste easily, but the transaction in your PayPal account t states:

Seller protection
Eligible
Eligible when you...
Send to the address on this page.
Save your tracking or delivery information.

The email notifying you of payment is even clearer on the requirements of seller protection:

Thanks for using PayPal. You can now ship any items. To see all the transaction details, log in to your PayPal account.
It may take a few moments for this transaction to appear in your account.
This item is eligible for Seller Protection.

Don't forget to:
Send the item to the shipping address below within 7 days.
Please note:items delivered in person or to a different address are not cover by Seller Protection.
Use a trackable proof of delivery.
Find out more about Seller Protection

Unfortunately that leaves you in a very difficult position. You gave up PayPal seller protection and cannot therefore defend a chargeback of any sort. It's a shame as a claim for fraudulent use is normally the easiest thing to defend as it only requires proof of postage. Your only hope is a good will payment from PayPal, but I wouldn't hold your breath , it's always worth a try though.

If I were you I would also be looking into the address given on PayPal, it is unlikely that it is really the scammers address, but you have nothing to,lose by doing a bit more research to see what you can find out.

Definitely report it to the Police as although it won't get your money back at least they know this rather old scam is still going on and they can remind people about it at their community events again.

Sej31

Ok thanks for that,
Can I check do Paypal have any kind of security liability? I mean I live in London as does the scammer but the owner of the account that was hacked into (supposedly) lives in Bristol, Should that not have set off triggers to prevent the transaction from occurring in the first place or even logging into the account?

Bermonia

OP I’m afraid you appear to be clutching at straws here.

As already advised the liability falls on you to adhere to their policy to receive their protection - to suggest that they have been negligent is quite frankly ridiculous and a waste of time, your best bet is to appeal to their better nature and hope for a GOGW - any suggestion they were at fault will merely get their backs up.

Bermonia

**Edit** apologies my comment was in response to Sej31 not the OP

soolin

Sej31 wrote: »

Ok thanks for that,
Can I check do Paypal have any kind of security liability? I mean I live in London as does the scammer but the owner of the account that was hacked into (supposedly) lives in Bristol, Should that not have set off triggers to prevent the transaction from occurring in the first place or even logging into the account?

None at all, there is no requirement to even have the item sent to your home address- all that matters- as per the paypal warning, is that you send to the address that they give you. So for example, my own paypal had a number of addresses in it when my mother was alive and my sons at university, I was just choose the address I wanted the item to go to when I checked out and that became the 'safe address' for the seller. I sell a lot, on many occasions the name I send to is nothing at all like the name on the ebay account - especially before Christmas when people buy things to be sent as a gift elsewhere.

If I were you I would be trying to keep paypal sweet here and hope for a good will gesture of some sort.

Winston66

Hello,
I am trying to access £400 of my money from a PayPal closed account. I have opened a new account and have supplied Paypal with the requested documentation to make the transfer. It was confirmed by a PayPal representative that the money was available in the closed account. As this has gone on, I have just been in formed by one of the numerous representatives I have had to deal with, that there is in fact no money in this closed account. I have sent all the eBay confirmations on the monies paid into the closed account. I was promised a transfer within 72 hours at one point. This has gone on for almost 6 months and I have finally realised I need to change tact.

Please can someone advise the correct information I will need to raise a small claims against this faceless company.

I understand from previous posts that I need to claim against - PayPal (Europe) S.A.R.L et CIA S C A”
Please can someone confirm the correct Uk legal representative address and company registration number
Plus anything else I might need.

Many thanks for your help :-)