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  • FIRST POST
    • danleo
    • By danleo 24th Jul 18, 3:53 PM
    • 5Posts
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    danleo
    Paypal and small claims court
    • #1
    • 24th Jul 18, 3:53 PM
    Paypal and small claims court 24th Jul 18 at 3:53 PM
    In February my Paypal account was hacked into and 7 fraudulent transactions took place, 3 of which were refunded by them and 4 were not. I paid to take them to the small claims court and have just had a letter from their solicitor today they want the claim struck out. They stated that my claim was made against Paypal and not Paypal Europe. I can pay an extra £100 to the court (non refundable) to change the name to Paypal Europe my concern is that they would want the address changing aswell to Luxembourg in which case i cannot take them to court here. Has anyone experienced this before?
Page 4
    • Sam1224
    • By Sam1224 30th Oct 18, 7:20 PM
    • 35 Posts
    • 1 Thanks
    Sam1224
    Firstly, I am so sorry to hear what you went through with PayPal.

    As far as I know you won’t be able to take any legal action against PayPal in Luxembourg, you must use a UK address, use the Richmond address instead of the London one since they won’t accept any court paperwork sent by post to the registered London address.

    Wish you the best of luck in retrieving your funds.
    • koray
    • By koray 30th Oct 18, 7:40 PM
    • 8 Posts
    • 2 Thanks
    koray
    The judgment you win in a court of England and Wales can be enforced in any EU state. The European Union has ensured that judgments obtained in one EU country can be recognised and enforced in any other EU country.


    Am I wrong?
    • Sam1224
    • By Sam1224 30th Oct 18, 8:28 PM
    • 35 Posts
    • 1 Thanks
    Sam1224
    The judgment you win in a court of England and Wales can be enforced in any EU state. The European Union has ensured that judgments obtained in one EU country can be recognised and enforced in any other EU country.


    Am I wrong?
    Originally posted by koray
    Not sure, but deeply wish that I can enforce the judgment in Luxembourg to teach PayPal a good lesson.
    • koray
    • By koray 30th Oct 18, 8:48 PM
    • 8 Posts
    • 2 Thanks
    koray
    europa.eu/youreurope/citizens/consumers/consumers-dispute-resolution/formal-legal-actions/index_en.htm

    Please read here and let me know what you think?
    • Sam1224
    • By Sam1224 30th Oct 18, 9:07 PM
    • 35 Posts
    • 1 Thanks
    Sam1224
    I think you are right, I also found this info:
    https://ec.europa.eu/info/law/cross-border-cases/judicial-cooperation/types-judicial-cooperation/mutual-recognition-judgments_en

    Well, I will get in touch with PayPal one more time once I get the judgment in hand. If no response I will be going for a short visit to Luxembourg.
    • koray
    • By koray 30th Oct 18, 9:53 PM
    • 8 Posts
    • 2 Thanks
    koray
    Try Whittaker house address.

    phone seems to be : Telefon: +44 843 504 0223

    By the way, do you get a form of judgment by mail? and if yes, when?
    Last edited by koray; 30-10-2018 at 10:20 PM.
    • Sam1224
    • By Sam1224 31st Oct 18, 1:50 AM
    • 35 Posts
    • 1 Thanks
    Sam1224
    Try Whittaker house address.

    phone seems to be : Telefon: +44 843 504 0223

    By the way, do you get a form of judgment by mail? and if yes, when?
    Originally posted by koray
    I have requested a County Court Judgement, if successful I will be receiving a hard copy by post.

    Do you know whether PayPal has any assets at Richmond address!
    • Sam1224
    • By Sam1224 10th Nov 18, 3:57 PM
    • 35 Posts
    • 1 Thanks
    Sam1224
    Got it, got the judgment today by post.
    Now, shall I contact PayPal!
    Your help guys will be much appreciated.

    Thanks
    • waamo
    • By waamo 10th Nov 18, 4:27 PM
    • 4,704 Posts
    • 6,079 Thanks
    waamo
    Low value claims are notoriously difficult to enforce. Nobody wants the bother of chasing a small debt.

    I would seriously consider if you would be throwing good money after bad. You now have a ccj against them. It might be worth just sitting tight for a couple of months and see if they notice. Alternatively you could write to their office in Luxembourg and tell them. It would be cheap and quick.

    Enforcement action could cost significant sums with no guarantee of success. Have a think about things before you act.
    Originally posted by waamo
    This is what I suggested a short while ago. What you do is really your choice. Contact them, send baliffs or send a statutory demand.
    This space for hire.
    • Sam1224
    • By Sam1224 10th Nov 18, 4:37 PM
    • 35 Posts
    • 1 Thanks
    Sam1224
    Many thanks Waamo for your quick response.
    The debt is less than £700, can I still serve a statutory demand!
    Thanks
    Last edited by Sam1224; 10-11-2018 at 4:44 PM.
    • waamo
    • By waamo 10th Nov 18, 4:56 PM
    • 4,704 Posts
    • 6,079 Thanks
    waamo
    It needs to be for £750 or more. Baliffs fees may push your costs up. It may not be an option for you though. Like I said small value claims can be very hard to enforce.
    This space for hire.
    • Sam1224
    • By Sam1224 10th Nov 18, 7:47 PM
    • 35 Posts
    • 1 Thanks
    Sam1224
    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.
    Last edited by Sam1224; 11-11-2018 at 7:31 AM.
    • Sam1224
    • By Sam1224 14th Nov 18, 8:08 PM
    • 35 Posts
    • 1 Thanks
    Sam1224
    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
    • By waamo 15th Nov 18, 12:02 PM
    • 4,704 Posts
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    waamo
    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.
    This space for hire.
    • DoaM
    • By DoaM 15th Nov 18, 12:29 PM
    • 5,308 Posts
    • 5,212 Thanks
    DoaM
    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.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Sam1224
    • By Sam1224 15th Nov 18, 6:41 PM
    • 35 Posts
    • 1 Thanks
    Sam1224
    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
    • By DoaM 15th Nov 18, 8:20 PM
    • 5,308 Posts
    • 5,212 Thanks
    DoaM
    We did warn about this possibility waaaay back in the thread.

    Which company did you contract with? That's who your claim is against.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • waamo
    • By waamo 15th Nov 18, 8:55 PM
    • 4,704 Posts
    • 6,079 Thanks
    waamo
    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.
    This space for hire.
    • Sam1224
    • By Sam1224 15th Nov 18, 8:55 PM
    • 35 Posts
    • 1 Thanks
    Sam1224
    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
    • By waamo 15th Nov 18, 9:02 PM
    • 4,704 Posts
    • 6,079 Thanks
    waamo
    It would seem odd they they claim to be a different company but sign their emails off with the name of the Luxembourg company.
    This space for hire.
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