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Taking PayPal to court (help please)

Discussion in 'General Business Forum' started by hopitt, Aug 14, 2020.

  1. hopitt

    hopitt UKBF Contributor Free Member

    30 0
    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?
     
    Posted: Aug 14, 2020 By: hopitt Member since: Aug 14, 2020
    #1
  2. paulears

    paulears UKBF Big Shot Full Member

    4,468 1,176
    Too complicated for me to even understand I'm afraid - if we're talking serious money, I'd be taking some proper legal advice. I've no idea what the address bit implies - sorry.
     
    Posted: Aug 14, 2020 By: paulears Member since: Jan 7, 2015
    #2
  3. Mr D

    Mr D UKBF Legend Free Member

    24,305 2,949
    Sit down with a solicitor and all the paperwork including the agreement you made with PayPal to sort out the problem.
     
    Posted: Aug 14, 2020 By: Mr D Member since: Feb 12, 2017
    #3
  4. Mitch3473

    Mitch3473 UKBF Regular Free Member

    1,138 286
    In a nutshell and in English, what's it about, basically.
     
    Posted: Aug 15, 2020 By: Mitch3473 Member since: Aug 25, 2011
    #4
  5. Socio South West

    Socio South West UKBF Enthusiast Free Member

    987 254
    .... and how much money is involved?
     
    Posted: Aug 15, 2020 By: Socio South West Member since: Mar 24, 2013
    #5
  6. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

    5,169 1,764
    hundreds and thousands

    Another mad idea
     
    Posted: Aug 15, 2020 By: JEREMY HAWKE Member since: Mar 4, 2008
    #6
  7. Mark T Jones

    Mark T Jones UKBF Big Shot Free Member

    4,802 1,815
    Either pay for professional legal advice. Or push on regardless

    or move on and get on with your life.
     
    Posted: Aug 15, 2020 By: Mark T Jones Member since: Nov 4, 2015
    #7
  8. JEREMY HAWKE

    JEREMY HAWKE UKBF Legend Full Member

    5,169 1,764
    If the OP loses the case could he or she be liable for the costs of the other party
     
    Posted: Aug 15, 2020 By: JEREMY HAWKE Member since: Mar 4, 2008
    #8
  9. Mark T Jones

    Mark T Jones UKBF Big Shot Free Member

    4,802 1,815
    not in small claims
     
    Posted: Aug 15, 2020 By: Mark T Jones Member since: Nov 4, 2015
    #9
  10. Darren_Ssc

    Darren_Ssc UKBF Ace Free Member

    1,242 382
    Read the post, it was one item.
     
    Posted: Aug 15, 2020 By: Darren_Ssc Member since: Mar 1, 2019
    #10
  11. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    11,861 2,465
    You most likely fell foul of one of their rules and they have many

    Paypal is now totally separate from EBay, but they do work together

    Only real option is to wait for your money and spend some time reading both sets of rules and see if you can find where you went wrong
     
    Posted: Aug 15, 2020 By: Chris Ashdown Member since: Dec 7, 2003
    #11
  12. Mr D

    Mr D UKBF Legend Free Member

    24,305 2,949
    So somewhere between one pound and 30 grand.
     
    Posted: Aug 15, 2020 By: Mr D Member since: Feb 12, 2017
    #12
  13. Darren_Ssc

    Darren_Ssc UKBF Ace Free Member

    1,242 382
    Yes, likely 30 grand in the world of Mr D. So what's the legal advice then based on this information, or is it the usual round of fantasy dragon's den?
     
    Posted: Aug 15, 2020 By: Darren_Ssc Member since: Mar 1, 2019
    #13
  14. Mr D

    Mr D UKBF Legend Free Member

    24,305 2,949
    No, simply the OP didn't state. Hence a lower figure and upper figure was used.
    Could be half the lower figure, double the higher figure.
    The point is one sale doesn't tell you anything about amount. A sale of a Tesla 3 is different than a sale of a sticker set.
     
    Posted: Aug 15, 2020 By: Mr D Member since: Feb 12, 2017
    #14
  15. hopitt

    hopitt UKBF Contributor Free Member

    30 0
    The amount is for £1,300.
     
    Posted: Aug 15, 2020 By: hopitt Member since: Aug 14, 2020
    #15
  16. fisicx

    fisicx It's Major Clanger! Staff Member

    33,306 9,850
    First sale for a high value item. PayPal are suspicious and holding your money pending investigation. They can do this - it's all detailed in the Seller T&C.

    A court case will cost you far more than the value of the item.
     
    Posted: Aug 15, 2020 By: fisicx Member since: Sep 12, 2006
    #16
  17. Aniela

    Aniela UKBF Regular Free Member

    329 41
    Without even needing to know any more details, you're wasting your time.

    Paypal can terminate your account for whatever reason they want. Read the agreement you signed with them, rather than just being mad at what happened.

    If you do want further assistance, which is likely the same advice as above, you need to explain what led to this situation, which you've missed out. You've left the most important details of the situation out.

    You sold an item via Paypal on eBay, got good feedback but then Paypal closed down your account? Did the buyer setup a claim or anything similar?
     
    Posted: Aug 15, 2020 By: Aniela Member since: Mar 28, 2020
    #17
  18. ExoPaul

    ExoPaul UKBF Contributor Free Member

    91 35
    New PayPal user, sells something for £1,300, PayPal suspends the account until it investigates for fraudulent activity.

    Was the PayPal account a business or personal account? The reason I ask is there are limits on how much money you are permitted to receive to a personal account.

    What was the item that you sold for the high amount. Was it a prohibited item? PayPal may suspend payments until they have investigated whether you were trying to sell a firearm or narcotic, etc.

    With regards to the CPR 6.3 etc, this may be useful to you: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

    The best way is not to take them to court in my view, but contact PayPal support and request how you can speed up the availability of funds. That you have already received confirmation of delivery and positive feedback from the buyer so how much more evidence is needed, and why they have taken the decision to suspend your account for 180 days.
     
    Posted: Aug 16, 2020 By: ExoPaul Member since: May 26, 2018
    #18
  19. hopitt

    hopitt UKBF Contributor Free Member

    30 0
    Okay so to clear a few things up.

    This wasn't a new paypal account, I've had it for over 2 years and I've made plenty of transactions on it in terms of purchasing things, just never sold anything.

    I sold a gaming laptop, the laptop was delivered and received by the buyer within 3 days of them purchasing and me receiving the money. eBay initially put a 21 day hold but then released the money 24 hours after delivery had been confirmed by the courier and the buyer leaving positive feedback.

    It's now been 2 months since this date and the buyer is still happy with the item, no claims/chargebacks have been opened.

    PayPal suspended my account and said that they no longer would be able to do business with me or no longer wanted to do business with me and that my funds could be held for up to 180 days.

    I should also add that eBay actually put a hold on the initial buyer to begin with to verify that the buyer themselves had actually paid for the item and I was informed by eBay not to dispatch until they had confirmed this, 24 hours later it was confirmed and I dispatched the laptop and it was delivered the next working day. This same day is the day the buyer left good feedback.

    I sent multiple requests to PayPal asking for explanations as to why they have closed my account and why they are withholding my funds to which they have no legal right to hold. Their terms and conditions don't trump law, I have a tracking reference which clearly shows the item as being delivered to the buyers address, the buyer has not raised any disputes, I provided my passport, driving license, proof of address and proof of purchase/receipt to PayPal which was all accepted by their systems and my account limitations were lifted until 24 hours later I get the email notification stating they've decided to indefinitely close my account.

    I don't see how I'm wasting my time because at the end of the day if this goes to a hearing in court I can prove exactly where the laptop came from, how it was purchased, why it was sold, who it was sold too, when it was delivered, proof of it being delivered and so far over 2 months of the buyer having no issues/complaints.

    The thing is their main counter/arguing point is that Whittaker House apparently conducts no business for PayPal which is obviously false as that is where they are registered on Companies House in the UK. Evidently this is an attempt at misleading the court and what seems to be a purposeful attempt at misrepresenting themselves.
     
    Posted: Aug 16, 2020 By: hopitt Member since: Aug 14, 2020
    #19
  20. hopitt

    hopitt UKBF Contributor Free Member

    30 0
    A small claims court isn't going to cost me anymore than the £70 I've already spent setting up the claim.
     
    Posted: Aug 16, 2020 By: hopitt Member since: Aug 14, 2020
    #20