| | | lumberjack | 12-12-2010 10:52 AM | Is it possible to take Paypal to small claims court? they limied an account and I am curious if it was possible to take paypal to the small claims court in the UK or is that not possible? To get my money back, I know it says wait 180 days but its 6 months...
Thanks! |
| slapped | 12-12-2010 11:25 AM | I Really do Not Know how the Law works in the UK,,,,But I Have to Believe that you can File some type of Grievance (Case) against Paypal,,,After all they are NOT Above the Law,,,Although a Lot of People think so,,, |
| oompaloompa | 12-12-2010 12:45 PM | forum member says they did it and won, that member was bode (short for Cambodian as he is so skinny!)
if pp cannot give a justified explanation to hold your money, a court is unlikely to uphold their side. |
| jeffweico | 12-12-2010 01:14 PM | My GUESS is that PayPal would claim they had a reasonable belief that you had sold defective or counterfeit merchandise and therefore the risk of chargebacks being filed was high. So, under the terms of the user agreement, they are holding your money for 180 days until the possibility for chargebacks has expired.
Here in the US there are a few class action lawsuits pending, but PayPal usually settles them before a ruling can be issued.
The one thing to remember about PayPal (or any other large company) is that they have attorneys that look at every aspect of their operations and advise management of any risks being taken. They are called "Compliance Officers" and they make sure that everything is legal and unlikely to result in any liability for the company.
Still, if the amount of money is relatively small, then they may decide it is better to release your funds than to pay to fight this in court.
There is a website in the USA called FindLaw.com which discusses legal issues, and reports on victories and losses for certain types of cases here. That won't apply to the UK, but maybe there is a similar site in the UK that does the same thing? If there is, then you might want to look at any settled or pending lawsuits against PayPal to see what their status or the outcome is.
If Oompa feels you have a chance, then I have to believe it is true. Oompa is extremely knowledgeable about such things in the UK and is also one of the nicest people I have met online. And the cat thinks so too... |
| Melissa1971 | 12-12-2010 01:54 PM | If they don't show to Small Claims Court, you automatically win
Even if you win, it may not be paid. It somehow costs to pursue it to follow thru, my Dad won recently against an insurance man who stole money from him, and provided boggusinsurance cards. He was never covered. Yet The guy is still a practicing Insurance Agent in California.
Also Contact your Attorney Generals office. File with them
Good luck! |
| lumberjack | 12-12-2010 03:29 PM | Quote:
Originally Posted by jeffweico
(Post 189562)
My GUESS is that PayPal would claim they had a reasonable belief that you had sold defective or counterfeit merchandise and therefore the risk of chargebacks being filed was high. So, under the terms of the user agreement, they are holding your money for 180 days until the possibility for chargebacks has expired.
Here in the US there are a few class action lawsuits pending, but PayPal usually settles them before a ruling can be issued.
The one thing to remember about PayPal (or any other large company) is that they have attorneys that look at every aspect of their operations and advise management of any risks being taken. They are called "Compliance Officers" and they make sure that everything is legal and unlikely to result in any liability for the company.
Still, if the amount of money is relatively small, then they may decide it is better to release your funds than to pay to fight this in court.
There is a website in the USA called FindLaw.com which discusses legal issues, and reports on victories and losses for certain types of cases here. That won't apply to the UK, but maybe there is a similar site in the UK that does the same thing? If there is, then you might want to look at any settled or pending lawsuits against PayPal to see what their status or the outcome is.
If Oompa feels you have a chance, then I have to believe it is true. Oompa is extremely knowledgeable about such things in the UK and is also one of the nicest people I have met online. And the cat thinks so too... | There is no word of "counterfeit, ⊗⊗⊗⊗, replica and etc" on the dispute account on paypal or on ebay feedback and etc or anything related to that word or meaning. That is why I think they are at risk not account in question.. and that is why I think it may be worth taking them to the small claims court, because they are more risk than I am because of the action they did. Of course there is disputes now because they are stating that ebay suspended the account, but not related to the merchandise which they purchased.
I do not blame paypal for what they did, to be honest I would do the exact same thing to limt the account, because the account owner withdraw the money asap and he said "im not making much money" and "i want to make more money" {greed} and "i want to buy THIS and i NEED this money for my car and for my GIRLFRIEND present" and etc etc ... I said to him not to touch the new money it will cause problems, due to no feedback from the merchandise we sold and its fresh money... he ignored my advise and then withdraw the new money.
I knew he was a hish-risk when I deal with him... because he seems to take everything by chance, not plan or use strategy and I had to resolve everything for him, you cannot strategist everything but you can limit the chance of risk.
Like the saying goes, a fool and his money are soon parted.. |
| waterproof | 12-12-2010 03:46 PM | Good point and makes sence! Quote:
Originally Posted by oompaloompa
(Post 189554)
forum member says they did it and won, that member was bode (short for Cambodian as he is so skinny!)
if pp cannot give a justified explanation to hold your money, a court is unlikely to uphold their side. | |
| oompaloompa | 12-13-2010 08:31 AM | I dont think they have a chance one way or another, as I dont have full facts, all I know is bode testifies to it, maybe pm him..
you did not mention it was NOT your account, so the account owner would need to potentially turn up to court or at least file it, and as for counterfeit stuff, well thats a risk, dont know validity of what you sold, paypal cannot prove that unless they have your goods in their hand, which they dont, but if you sold alot, then the evidence against you would stack up and it might not be worth fighting this in case they try and refer you to other agencies (again no proof but do you want to go there?)
aww jeff, Im nice? aww, my cat is trying to boss me around though, I think I may update my mutt cat thread ... |
| GreenBean | 12-13-2010 08:40 AM | Bode is not on this forum any longer.
wtf are we having a discussion if a third party is involved?
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