Paypal and small claims court

waamo

Worst case would be to start the claim again but this time against the correct company.

Sam1224

waamo wrote: »

Worst case would be to start the claim again but this time against the correct company.

But what would be the company name!

waamo

The one on your agreement.

Sam1224

waamo wrote: »

The one on your agreement.

In this case I wouldn’t be able to take them to court in the UK since they don’t have an address here, their address is in Luxembourg, can I still take them to court here?

Sam1224

I have found out that I can use the European Small Claims instead.

https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/european-small-claims-procedure/index_en.htm

Could you guys advice me whether to proceed with this or not!

Thanks

koray

It seems that Paypal tries to manipulate the EU Laws.

In my humble opinion, you have the judgment against Paypal EU and it does not a matter if they are based on Luxembourg. It is still the same company; PayPal EU Ltd is the subsidiary of Paypal Pte ltd and Paypal Pte Ltd is a subsidiary of Paypal Inc (America). Furthermore, PAYPAL (EUROPE) S.A R.L. ET CIE S.C.A. is also a Subsidiary of Paypal INC (USA). Basically, they are the same company operating under the roof of Paypal INC.

If it is possible for the claimant to make a comment/dispute during “set side”, let them know that they are the same company operating as a subsidiary of Paypal Inc

I have also noticed that PayPal Europe Luxembourg adviced me to contact following UK based organizations to solve my matter with them so that means they are the same company but they manipulate the laws as it fits.

UK European Consumer Centre (ECC-Net):
Trading Standards Institute
and
- UK Financial Ombudsman Service (FOS).

If it is possible, tell that judge during the hearing or before about this.

That is not a legal advice but just my opinion from my experience

waamo

I would continue with the current claim for now. You've come this far you might as well carry on this path one way or another.

DoaM

Without having to go trawling back through the thread ... what is the value of your claim/judgment? As said earlier, a set-aside will cost them £255 with no guarantee of recovering that cost, plus legal fees (they've engaged solicitors - supposedly) again with no guarantee of success.

Remind them that it may be financially savvy for them to settle the judgment prior to the CCJ being registered, rather than incur all that additional cost with no guarantee of even getting the judgment set-aside, nevermind winning any subsequent re-hearing.

koray

Paypal has already asked the court for a set a side. so it is too late. please read whole thread before answering as it can mislead OP.

koray

Buddy, this is a ridiculous claim what PayPal makes. From the forums that I have been reading, PayPal always does that. They always claim that they are different companies.

However , is it possible for you to contact to court during set aside process and let them know that ''Paypal misleads the court since the two entities are in fact trading divisions of the same company, namely PP, or failing this the Particulars of Claim should be adjusted to include the entity PayPal EU Ltd as co defendants.'' ?

please read the following threads. paypal sued paypal in UK and they had same response but won the case regardless.

NOTE:

Assuming you have letters and emails were PP have referred to themselves as PP Europe Sarl....Gather this info for evidence for the court.

1. PP's defence on the basis of the Claimant pursuing the wrong entity should be discarded as the Claimant has correspondence by email and letter from PP in which they refer to themselves as PP Europe, furthermore they are registered at the Surrey address: PP (Europe) Ltd, Whittaker House, 2 Whittaker Avenue, Richmond, Surrey TW9 1EH where the Claimant served pre-legal notification and from where his correspondence and current legal action was acknowledged and replied to both by letter and email.

2. "PP" are registered as PPl (Europe) Ltd with Companies House, while they are also registered as PP (UK) Ltd. The Claimant maintains that he was lead to believe by the Defendant that they were PP Europe Ltd and at no time prior to entering this defence to the court has the Defendant attempted to notify the Claimant of this alleged mistake.

3. The Claimant requests that the Court seek clarification from the Defendant as to why, if their defence is true, they referred to themselves as PP Europe and not PP UK and explain how exactly the two entities are separated and who the Claimant's contract is with as it appears that PayPal are attempting to mislead the Claimant and the court by corresponding under one registered trading name then claiming that no contract exists between the Claimant and this entity despite this entity corresponding with the Claimant.

here are some threads:

ebay-and-paypal-help-advice-forums.1688300.n2.nabble.com/What-Now-td4719490i20.html#a4989478

ukbusinessforums.co.uk/threads/taking-paypal-to-court.177981