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Paypal and small claims court

15681011

Comments

  • Sam1224
    Sam1224 Posts: 41 Forumite
    Third Anniversary 10 Posts
    edited 11 November 2018 at 8:31AM
    I am gutted!!! My claim is just under £750 so serving a statutory demand is not going to be an option.

    Does anyone know of PayPal’s Richmond address whether they have an actual office there or not! I don’t want to pay the bailiffs fees without being sure that there will be assets there.
  • Sam1224
    Sam1224 Posts: 41 Forumite
    Third Anniversary 10 Posts
    Updates )))

    I have got in touch with PayPal and sent them a copy of the judgment.

    Today, I received a letter by post from a solicitors informing me that PayPal has appointed them to act on their behalf on the claim.

    The letter already stated the Court claim number, so they have received the copy I sent them by email.

    Now, the solicitors acting on behalf of PayPal saying that PayPal can’t locate the claim form nor the application in relation to the claim. How is this possible if they already have the CCJ number as I sent them a copy already!

    They are now asking for a copy of the claim form and subsequent application to be sent to them, I thought they are not allowed to contact me and they should get in touch with the Court!!

    I will call the Court tomorrow to find out whether it’s legal for them to contact me or not.

    What would you guys suggest!

    Many thanks in advance.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Yes it is legal for them to contact you. How can they sort it out otherwise?

    I would, at this point, cooperate with them as it may hurry things on a bit.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    By all means cooperate ... but also remind them that you're looking to enforce the judgment - if they wish to avoid the CCJ being registered then they should effect payment of the judgment ASAP. ;)
  • Sam1224
    Sam1224 Posts: 41 Forumite
    Third Anniversary 10 Posts
    Hi guys,
    Firstly, many thanks for your help and support, much appreciated.

    I have sent paypal’s solicitors an email which they responded asking for a copy of the claim form, I then called the court and asked whether to pass this over to them or not, the gentleman over the phone said that should be fine.
    An hour later, received another email from the solicitors informing me that they will be challenging the court decision as the company name which the claim was issued to PAYPAL (EUROPE) LTD is wrong, they are claiming that it’s not a branch of paypal europe s.a.r.l. et cie s.c.a and PayPal Europe doesnt provide any payment services and it has no relation with PayPal users.
    Now, they are asking for the CCJ to set aside and the claim to struck out.

    Is this true that PayPal Europe LTD is not responsible for any payment in the UK?

    What are your thoughts guys!
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    We did warn about this possibility waaaay back in the thread.

    Which company did you contract with? That's who your claim is against.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    I would reply telling them that you would object to any such application. Remind them a set aside costs them £255 with no certainty that this will be refunded to them even if they should obtain a set aside.

    Furthermore the company was given ample opportunities to respond to and defend the claim. The fact they have a ccj against them is down to their tardiness is responding to the claim.

    You would suggest to them that their client may wish to pay the amount promptly purely as a commercial decision and thus avoid a ccj being registered. If they act promptly and settle then a ccj will not be registered on the official register which may well happen should they attempt a set aside.

    Remind them the legal fees alone could exceed the value of the claim and these could not be recovered. It may be in their clients best interests if they advised them to settle promptly.

    You never know they might just give in for a small value claim.
  • Sam1224
    Sam1224 Posts: 41 Forumite
    Third Anniversary 10 Posts
    Well, the email I received from PayPal after registration it was from service@paypal.co.uk, at the email footer, it says PayPal ( EUROP) S.!.r.l. eat Cie.S.C.A

    I thought PayPal Europe in Luxembourg is the same as the one here in the UK which is PAYPAL (EUROPE) LTD, is it not??
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    It would seem odd they they claim to be a different company but sign their emails off with the name of the Luxembourg company.
  • waamo wrote: »
    I would reply telling them that you would object to any such application. Remind them a set aside costs them £255 with no certainty that this will be refunded to them even if they should obtain a set aside.

    Furthermore the company was given ample opportunities to respond to and defend the claim. The fact they have a ccj against them is down to their tardiness is responding to the claim.

    You would suggest to them that their client may wish to pay the amount promptly purely as a commercial decision and thus avoid a ccj being registered. If they act promptly and settle then a ccj will not be registered on the official register which may well happen should they attempt a set aside.

    Remind them the legal fees alone could exceed the value of the claim and these could not be recovered. It may be in their clients best interests if they advised them to settle promptly.

    You never know they might just give in for a small value claim.

    According to the email I received today, they have already applied to the court, but will confirm tomorrow with the court.

    I am so disappointed, PayPal made injustice decision and they don’t want to admit it, they gave a scammer my payment even after eBay confirmed to them that the seller has lied about the whole thing and he compromised the eBay account to scam me and others, yet PayPal don’t want to pay out of their own pocket as the scammer already vanished with the cash.

    I have the rights to claim my money back from this awful company, in the worst case scenario, what would be my option if my claim struck out?
    Thanks
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