Taking PayPal to court (help please)

[Digital-Marketeer]

I've followed advice from an old thread on here I can't post the link due to account restrictions but here is where im at.

so far I started legal proceedings against "PayPal (Europe) S.à r.l. et Cie, S.C.A" and served legal notice to their 2 Whittaker House address.

Firstly a company called "Womble Bond ****son" acting on behalf of "PayPal (Europe) S.à r.l. et Cie, S.C.A"

I've today received a draft order stating two things:

The claimaint's claim is set aside, persuant to CPR 11.6(a)

The claimant do pay the defendant's costs of the application in the sum of: {£ ] (its blank)

and then in further in the packs I've received they're trying to dispute my claim based on be serving the claim to 2 Whittaker House who "forwarded" it and that Whittaker House does not carry any business activity for the "defendant".

Something about how I should have regards to CPR 6.33 6.34 and 6.40 and that here is a contractual provision of service, yet if they have terminated their relationship with me by suspending my account from a singular ebay sale the first time I've ever sold something on eBay and withhold my money for 180 days when the buyer of the item has also left extremely good feedback on the eBay and the item was delivered within a couple of days.

Any advice on how I counter this?

Legal proceedings should be the very last resort against a bank, basically what PayPal is. Having said that small claims are a pain in the arse to them, so their first line of defence seems to be to hide their UK office, like we don't live here etc.
If they don't respond to a court case, the most likely outcome is a ruling in your favour. Hopefully the address is valid enough for bailiffs to gain access to.
You say you started "legal proceedings", which I assume is just sending them a letter, and hence the response you had. Only an actual court can set a claim aside, although the other party can ask the judge to do this or strike it, he or she should set a hearing to do this.
The preferred way to tack a bank is the Banking Ombudsman. So although their office is in Luxembourg, they still have to answer to the UK Ombudsman and the first approach should be to their relevant officer answering to the Ombudsman. They should treat your complaint a bit more seriously here as they are obliged to pay for the Ombudsman when an issue is raised.
Presumably after brexit they will have to use a UK head office more instead of lurking in Luxembourg.

 

[Mr D]

Legal proceedings should be the very last resort against a bank, basically what PayPal is. Having said that small claims are a pain in the arse to them, so their first line of defence seems to be to hide their UK office, like we don't live here etc.
If they don't respond to a court case, the most likely outcome is a ruling in your favour. Hopefully the address is valid enough for bailiffs to gain access to.
You say you started "legal proceedings", which I assume is just sending them a letter, and hence the response you had. Only an actual court can set a claim aside, although the other party can ask the judge to do this or strike it, he or she should set a hearing to do this.
The preferred way to tack a bank is the Banking Ombudsman. So although their office is in Luxembourg, they still have to answer to the UK Ombudsman and the first approach should be to their relevant officer answering to the Ombudsman. They should treat your complaint a bit more seriously here as they are obliged to pay for the Ombudsman when an issue is raised.
Presumably after brexit they will have to use a UK head office more instead of lurking in Luxembourg.

A UK office is needed in the same way that all the UK companies trading into the EU will need to open EU based offices?

 

[Chris Ashdown]

I don't think PayPal is registered as a bank but just's acts as one so the Bank ombudsman may not have any remit though the financial services may

 

[Digital-Marketeer]

I don't think PayPal is registered as a bank but just's acts as one so the Bank ombudsman may not have any remit though the financial services may

I did tackle them in this way a few years ago. They managed to produce some factotum in their Luxembourg office who sorted the problem out. Certainly they provide financial services and in that respect they are supposed to be regulated. So possibly under Financial Services.

 

[Digital-Marketeer]

A UK office is needed in the same way that all the UK companies trading into the EU will need to open EU based offices?

They have a UK address to are economical it's function.
There does not seem to be any great activity for the internet giants to move their UK operations to London. Even if the Euro HQs remain in the two favourite tax havens of Dublin and Luxembourg, substantive business in done in the UK. At one point these two places were raking in rucks of otherwise UK VAT and helped Luxembourg achieve almost twice the GNP of the next highest country in the EU. Presumably now the UK share will have to go through HMRC. Perhaps a few threads on what is happening here over the next few months to Brexit would do well.

 

[Mr D]

They have a UK address to are economical it's function.
There does not seem to be any great activity for the internet giants to move their UK operations to London. Even if the Euro HQs remain in the two favourite tax havens of Dublin and Luxembourg, substantive business in done in the UK. At one point these two places were raking in rucks of otherwise UK VAT and helped Luxembourg achieve almost twice the GNP of the next highest country in the EU. Presumably now the UK share will have to go through HMRC. Perhaps a few threads on what is happening here over the next few months to Brexit would do well.

So no more requirement for them to have a UK head office than for UK companies to have an EU head office.

And disadvantage of UK share is that we lose all those other places share....

 

[hopitt]

Not had a chance to update this.

Had my hearing, long story short the judge decided in my favour, monies owed was paid out Friday just gone.

Thanks.

 

[Countrymun]

Not had a chance to update this.

Had my hearing, long story short the judge decided in my favour, monies owed was paid out Friday just gone.

Thanks.

Great outcome - well done!

 

[NickGrogan]

Not had a chance to update this.

Had my hearing, long story short the judge decided in my favour, monies owed was paid out Friday just gone.

Thanks.

Have you got a link to the judgement?

I imagine 1000's of people would be interested in this.

 

[MikeCC]

Have you got a link to the judgement?

I imagine 1000's of people would be interested in this.

Have you got a link to the judgement?

I imagine 1000's of people would be interested in this.

Small Claims Court - judgment not published.

 

[Accounting Controls]

Hi
I feel for you, PayPal do seem to do their own thing regardless of T's & C's. In a similar situation I advised my client through to the financial ombudsman who were incredibly helpful and did raise a case with PayPal. Paypal eventually paid out but they do have some strange ways sometimes which cause pulpatating frustrations!!!
Jane