General Business Forum Brought to you by Salesforce

Taking PayPal to court (help please)

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

  1. fisicx

    fisicx It's Major Clanger! Staff Member

    33,308 9,850
    Back to where we started.

    The OP send the letter to the wrong address. If they followed the instructions on the PayPal website they would have a better chance of getting a result.
     
    Posted: Aug 19, 2020 By: fisicx Member since: Sep 12, 2006
    #61
  2. Mr D

    Mr D UKBF Legend Free Member

    24,306 2,949
    Sorry, why would I read the NCP terms and conditions? Pretty sure the nearest NCP car park is one I have never been in.
     
    Posted: Aug 19, 2020 By: Mr D Member since: Feb 12, 2017
    #62
  3. hopitt

    hopitt UKBF Contributor Free Member

    30 0
    So if the general consensus is I'm "wasting my time" how do I withdraw my claim. At the moment it's in a "transferred" state which I'm assuming is to stop any judgements being made while paypals defence documents regarding the wrong address being received by all parties.
     
    Posted: Aug 20, 2020 By: hopitt Member since: Aug 14, 2020
    #63
  4. hopitt

    hopitt UKBF Contributor Free Member

    30 0
    I have my court date on the 23rd. Hearing via telephone.

    All PayPal are attempting to do is contest jurisidiction, but regardless of the address I sent the papers too, they're an entity in the UK which is where I reside. I have a legal right to face and confront my adversaries in a court of law.

    Surely if serving papers to their European address would mean I wouldn't be able to see them in court?

    Any advice defending against their jurisidiction defence?
     
    Posted: Sep 16, 2020 at 1:05 PM By: hopitt Member since: Aug 14, 2020
    #64
  5. MY OFFICE IN CHINA

    MY OFFICE IN CHINA UKBF Legend Full Member

    5,605 1,317
    1. Don't answer the phone.

    2. Answer the phone, have your defence ready and expect to lose the case.
     
    Posted: Sep 16, 2020 at 1:20 PM By: MY OFFICE IN CHINA Member since: Nov 16, 2011
    #65
  6. hopitt

    hopitt UKBF Contributor Free Member

    30 0
    Why would I lose the case? What would be the particulars?

    Would it be worth making a new claim and serving the papers to their EU address?
     
    Posted: Sep 16, 2020 at 1:22 PM By: hopitt Member since: Aug 14, 2020
    #66
  7. MY OFFICE IN CHINA

    MY OFFICE IN CHINA UKBF Legend Full Member

    5,605 1,317
    Wait for the 180 days and for them to release your funds.
     
    Posted: Sep 16, 2020 at 1:25 PM By: MY OFFICE IN CHINA Member since: Nov 16, 2011
    #67
  8. fisicx

    fisicx It's Major Clanger! Staff Member

    33,308 9,850
    Because they have better lawyers than you
    Yes. Because that's what they tell you do to on their website.
     
    Posted: Sep 16, 2020 at 1:26 PM By: fisicx Member since: Sep 12, 2006
    #68
  9. hopitt

    hopitt UKBF Contributor Free Member

    30 0
    Surely in cases like this it makes no difference how good of a lawyer you are law is law. They don't actually have a legal right to hold my funds when they can't and haven't proved or given any actual reason behind why they are doing it.

    Also the vibe on this site is very weird. Presents its self as a forum in which you can ask a more experienced community on legal advice and yet the entire thread all I've received is comments from people as such as yourself that type in a way that seems as if you're looking down on someone for trying to get help and advice.
     
    Posted: Sep 16, 2020 at 1:30 PM By: hopitt Member since: Aug 14, 2020
    #69
  10. hopitt

    hopitt UKBF Contributor Free Member

    30 0
    They said they'd do monthly reviews of my account every 30 days yet I've not received any information for the last 90 days my accounts been "limited".

    Worth bringing up at the hearing?
     
    Posted: Sep 16, 2020 at 1:31 PM By: hopitt Member since: Aug 14, 2020
    #70
  11. MY OFFICE IN CHINA

    MY OFFICE IN CHINA UKBF Legend Full Member

    5,605 1,317
    Nope.

    You have no case.

    The more you push it, the longer you'll wait for your money.

    Accept 'defeat' and move on . . . . . . . never using PayPal again.
     
    Posted: Sep 16, 2020 at 1:33 PM By: MY OFFICE IN CHINA Member since: Nov 16, 2011
    #71
  12. Newchodge

    Newchodge UKBF Big Shot Free Member

    14,388 3,834
    What is your legal reasoning for this statement?
     
    Posted: Sep 16, 2020 at 1:42 PM By: Newchodge Member since: Nov 8, 2012
    #72
  13. NickGrogan

    NickGrogan UKBF Ace Full Member

    2,515 598
    They said that they'd do reviews, they didn't say that they'd tell you what the reviews were.

    When you lose, PayPal will probably be awarded costs. Have you budgeted several thousand for this?
     
    Posted: Sep 16, 2020 at 1:43 PM By: NickGrogan Member since: Nov 15, 2012
    #73
  14. NickGrogan

    NickGrogan UKBF Ace Full Member

    2,515 598
    Imagining for a second this is true, what specific law have PayPal broken?
     
    Posted: Sep 16, 2020 at 1:45 PM By: NickGrogan Member since: Nov 15, 2012
    #74
  15. hopitt

    hopitt UKBF Contributor Free Member

    30 0
    PayPal won't and can't be awarded anything. Their counter claim/defence has no amount in that they're seeking.

    It's also a small claims court, the worst that could happen is I have to pay for the hearing which would be roughly £100.
     
    Posted: Sep 16, 2020 at 1:49 PM By: hopitt Member since: Aug 14, 2020
    #75
  16. hopitt

    hopitt UKBF Contributor Free Member

    30 0
    They're unlawfully withholding access to my funds. Someone writing something in the terms and conditions of a website doesn't make what they're doing lawful.
     
    Posted: Sep 16, 2020 at 1:49 PM By: hopitt Member since: Aug 14, 2020
    #76
  17. fisicx

    fisicx It's Major Clanger! Staff Member

    33,308 9,850
    No they aren't. Their T&C have been tested many times in court.

    You agreed to these terms. Nobody forced you to use PayPal.

    If you lose you will have to Pay all their costs. Lawyers on no doubt thousands of pounds per day.

    And you will lose.
     
    Posted: Sep 16, 2020 at 2:00 PM By: fisicx Member since: Sep 12, 2006
    #77
  18. NickGrogan

    NickGrogan UKBF Ace Full Member

    2,515 598
    Not always

    "As a caveat to the general rules on costs, it must be stated that if a party brings an unreasonable small claim that obviously fails, or defends a claim by acting unreasonably and subsequently loses, the court has discretion to make a punitive order for that party to pay the other side's costs."

    https://www.fosters-solicitors.co.uk/news/litigation/the-small-claims-track-who-pays/651
     
    Posted: Sep 16, 2020 at 2:02 PM By: NickGrogan Member since: Nov 15, 2012
    #78
  19. NickGrogan

    NickGrogan UKBF Ace Full Member

    2,515 598
    Actually when they are the terms and conditions for the service and you have specifically agreed to them, then it does.

    Unless the terms were clearly unlawful, which PayPal's are not.
     
    Posted: Sep 16, 2020 at 2:04 PM By: NickGrogan Member since: Nov 15, 2012
    #79
  20. hopitt

    hopitt UKBF Contributor Free Member

    30 0
    It isn't an unreasonable claim, it's a filling error regarding the address and that can be argued that it isn't easy to find their trading address and I have logs of me asking PayPal on multiple occasions where I serve court papers too, to which they didn't not answer and gave me automated responses.
     
    Posted: Sep 16, 2020 at 2:11 PM By: hopitt Member since: Aug 14, 2020
    #80