Paypal and small claims court

Sam1224

Time is now over for PayPal to respond, I still haven’t received anything from the Small Claim Court and I am not sure whether PayPal has actually received the case or not.

Now, before I request a hearing date from the court, this will cost £80, shall I get in touch with PayPal!

waamo

If you have lodged a claim then I see no mileage in further mail ping pong. IIRC a "live" claim form expires after 4 months so it is possible (although unlikely) that dragging things out lets the claim expire.

Sam1224

So shall I proceed with the case and request a hearing date without calling/emailing PayPal!
Thanks

DoaM

Why not contact MCOL/the court and ask them to clarify the current status?

waamo

Sam1224 wrote: »

So shall I proceed with the case and request a hearing date without calling/emailing PayPal!
Thanks

After you have checked the status as per DoaMs advice then really it's either proceed or drop it. What you do is your call.

Sam1224

Hi,

Just checked the claim status and it says that PayPal hasn’t responded to my claim and I can go ahead and request a County Court Judgment (CCJ) against them.

The court will make an order asking them to pay the money. It does not guarantee that they pay it. Does this mean that PayPal may not comply to the court order!

I am really confused!!!

DoaM

You raise a request for judgment. This then applies a default CCJ against Paypal. Once the payment period expires (28 days I think) without payment you can then engage Bailiffs (or High Court Enforcement Officers if the claim value is >£600 ish) to collect the payment. (After this period the CCJ is then also registered against Paypal's credit record - whether they'd be bothered or not is another matter).

(HCEOs have more powers than Bailiffs, so it might be worth escalating to an HCEO - the cost of the HCEO is added to what's recovered).

waamo

Get the judgment. Do it ASAP, today if possible. Once a default judgement is entered it strengthens your hand significantly. The only caveat being unless an error in process has been made. There has been a batch of letters sent out recently where the claim form was omitted from the envelope so fingers crossed that yours wasn't one of the affected ones.

Having gained judgment it leaves PayPal in the position of either risking enforcement action (they may well not realise until baliffs turn up) or trying to obtain a set aside. A set aside will cost them £255 and they have to show a good reason why they didn't respond to the paperwork. Such a reason may be the paperwork never arrived, you put the wrong company name or similar things.

A judge will only grant a set aside for an acceptable reason. They can't get one just because they ask nicely.

At a cost of £255 it may not be commercially justifiable to risk that money compared to just paying you.

Sam1224

waamo wrote: »

Get the judgment. Do it ASAP, today if possible. Once a default judgement is entered it strengthens your hand significantly. The only caveat being unless an error in process has been made. There has been a batch of letters sent out recently where the claim form was omitted from the envelope so fingers crossed that yours wasn't one of the affected ones.

Having gained judgment it leaves PayPal in the position of either risking enforcement action (they may well not realise until baliffs turn up) or trying to obtain a set aside. A set aside will cost them £255 and they have to show a good reason why they didn't respond to the paperwork. Such a reason may be the paperwork never arrived, you put the wrong company name or similar things.

A judge will only grant a set aside for an acceptable reason. They can't get one just because they ask nicely.

At a cost of £255 it may not be commercially justifiable to risk that money compared to just paying you.

Many thanks for your valuable information.

I have requested a County Court Judgement already and will keep you guys updated.

I raised the case against: PAYPAL (EUROPE) LTD, 5 New Street Square, London, EC4A 3TW, I am sure they have received the claim paperwork, so the company name and address shouldn’t be the issue.

Sam1224

Updates:

I just received an email from the court stating that the claim paperwork has been returned back to the court by someone at PayPal registered address: 5 New Street Square, London EC4A 3 TW, the person wrote “BACK TO SENDER” on the envelope without opening it, they know the paperwork was sent by the court.

Spoken with the court help desk and the lady said that the claim will be processed as normal but someone from PayPal has to be there in order to recover my money when using enforcement.

Now guys, what happens if PayPal registered address in London does not even exist? Has anyone been there recently!

Thanks