Paypal and small claims court

Sam1224

Many thanks again for your quick response.

PayPal decided a case in the seller favour even though I didn’t receive my item, the seller compromised an eBay account with high feedback to scam me, he told Paypal that the item was for collection in person and provided them fake messages between two numbers that I never heard of. Ebay confirmed in writing that the seller story is fake and I didn’t provide my phone number or asked for the item to be collected in person and the listing was for delivery, yet Paypal took the scammer side and gave him my payment.

Had a very hard time with PayPal trying to retrieve my money back but they just don’t want to know and limited my paypal account.

Now, would I be entitled of getting a compensation from them in addition to my original payment!

Thanks

DoaM

Sam1224 wrote: »

Now, would I be entitled of getting a compensation from them in addition to my original payment!

Thanks

Only what you can quantify. (e.g. claim filing and hearing fees, court appearance loss of earnings [capped at £95 per day], parking fees and fuel mileage expenses, or bus/train fares). If you're meaning a claim for stress etc. then forget it ... very hard to justify in the SCC.

Sam1224

Just found this online.

PAYPAL (UK) LIMITED
Company number 05468033

I am confused, shall I use this title or use the PAYPAL (EUROPE) LTD!

Please confirm.

Thanks

waamo

Sam1224 wrote: »

Just found this online.

PAYPAL (UK) LIMITED
Company number 05468033

I am confused, shall I use this title or use the PAYPAL (EUROPE) LTD!

Please confirm.

Thanks

Who is your agreement with? It's usually PayPal (Europe) Ltd.

Sam1224

waamo wrote: »

Who is your agreement with? It's usually PayPal (Europe) Ltd.

Not sure.
When I signed up to use their service, I received an email from PayPal to confirm my own email address, it was from Service@paypal.co.uk, however, at the bottom of the email, it says:
PayPal (Europe) S.à r.l. et Cie, S.C.A. Soci!t! en Commandite par Actions Registered Office: 22-24 Boulevard Royal L-2449, Luxembourg RCS Luxembourg B 118 349

So shall I use the PayPal UK or PayPal Europe!

Thanks

waamo

As it say PayPal (Europe) I would use that one.

eddddy

Sam1224 wrote: »

PayPal decided a case in the seller favour even though I didn’t receive my item, the seller compromised an eBay account with high feedback to scam me, he told Paypal that the item was for collection in person and provided them fake messages between two numbers that I never heard of. Ebay confirmed in writing that the seller story is fake and I didn’t provide my phone number or asked for the item to be collected in person and the listing was for delivery, yet Paypal took the scammer side and gave him my payment.

Had a very hard time with PayPal trying to retrieve my money back but they just don’t want to know and limited my paypal account.

So what is the legal basis for your court claim?

Is it breach of contract, misrepresentation or negligence?

If it's negligence, remember that you are not going to court to prove that you were scammed.

Instead, you're going to court to prove that PayPal's negligence resulted in you being scammed (on the balance of probabilities).


And bear in mind that their t&cs say:

1.1 PayPal is only a Payment Service Provider.

... PayPal does not have control of nor assumes the liability or legality for the products or services that are paid for with our Service. We do not guarantee the identity of any User or ensure that a buyer or a seller will complete a transaction. Please note that there are risks of dealing with underage persons or people acting under false pretence.

https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full

Sam1224

eddddy wrote: »

So what is the legal basis for your court claim?

Is it breach of contract, misrepresentation or negligence?

If it's negligence, remember that you are not going to court to prove that you were scammed.

Instead, you're going to court to prove that PayPal's negligence resulted in you being scammed (on the balance of probabilities).


And bear in mind that their t&cs say:

My case will be based on a negligence.
I made a payment on eBay, used my PayPal balance then noticed that the seller has sold the same item 3 times within an hour, disputed the transaction on PayPal stating that the seller stoped responding to messages and that he sold the same high value item 3 times.

Seller then commented on the case with an absolutely fake story saying that I messaged him on eBay asking fo the item to be collected in person and sent him my phone number, and then according to his story, I got someone to pick th item up off him. Well this his fake story.

He then provided PayPal with iMessage between 2 numbers that I never heard of before, PayPal closed th case in his favour and stated the reason that my payment is not under buyer protection and violate PayPal Terms, when I called them and asked why my payment wasn’t covered, I been told is because the item was for collection, I told them that the item was for delivery.
I then received an email from PayPal saying that the seller provided a tracking info and they were able to confirm delivery even though it was no tracking information provided at all.

eBay then provided me via live chat and emails confirming that the seller story is utterly fake and I did not share my contact details with him no I requested the item to be picked up, yet PayPal didn’t want to know.

eBay then messaged me stating that the eBay account was compromised by this fake seller, I forwarded the info to PayPal but again they were not interested and they limited my account and froze my balance, it was over £900 for 2 months but I was able to transfer my balance afterwards.

I have lost big payment because of PayPal didn’t follow their own guidelines.

So what do you think!

eddddy

Sam1224 wrote: »

My case will be based on a negligence.
I made a payment on eBay, used my PayPal balance then noticed that the seller has sold the same item 3 times within an hour, disputed the transaction on PayPal stating that the seller stoped responding to messages and that he sold the same high value item 3 times.

<snip>

Negligence means that they didn't act in a reasonable way.

I think you need to focus more on the actions that PayPal took that were negligent.

e.g.

PayPal did x. This is unreasonable because....
In these circumstances, a reasonable company would have done y, because....

So instead of doing x, Paypal should have done y.

Sam1224

As you can see that I have been scammed only because PayPal didn't follow their guidelines, no tracking info was provided at all yet they sent me the email stating that the seller provided the tracking info and they used that tracking info to confirm delivery.

PayPal also closed the dispute in the scammer's favour based on nonsense stating that the item was listed on eBay for collection, I forwarded the original listing in two different formats (mobile & computer versions) showing that the listing was for delivery via Royal Mail Next Day Delivery, eBay also backed up this by emails and live chats, yet Paypal ignored all of this and followed the notes on the case where the first Paypal repetitive stated that the item was for collection.

The scammer only provided PayPal fake made up imessages between his number and another one which I never heard off, it wasn't my eBay nor PayPal registered phone number, PayPal didn't even bother to check with me whether this imessages were genuine or not.

In addition to all these, PayPal also ignored the confirmation emails from eBay proving that the seller story about me contacting him to arrange for collection is all fake and still closed the case in the scammer's favour.

The only thing that I worried about is, PayPal T&C as they don't have to offer the buyer protection on all transaction as its complimentary service, so would this affect my claim!

Also, I will be including the seller as well as Paypal so the case will be against both of them.

Please guys, any comments/help will be highly appreciated.

Thanks