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Taking PayPal to court (help please)

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

  1. Digital-Marketeer

    Digital-Marketeer UKBF Newcomer Free Member

    21 1
    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.
     
    Posted: Sep 18, 2020 By: Digital-Marketeer Member since: Apr 27, 2019
  2. Mr D

    Mr D UKBF Legend Free Member

    24,926 3,037
    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?
     
    Posted: Sep 18, 2020 By: Mr D Member since: Feb 12, 2017
  3. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    11,931 2,486
    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
     
    Posted: Sep 18, 2020 By: Chris Ashdown Member since: Dec 7, 2003
  4. Digital-Marketeer

    Digital-Marketeer UKBF Newcomer Free Member

    21 1
    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.
     
    Posted: Sep 18, 2020 By: Digital-Marketeer Member since: Apr 27, 2019
  5. Digital-Marketeer

    Digital-Marketeer UKBF Newcomer Free Member

    21 1
    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.
     
    Posted: Sep 18, 2020 By: Digital-Marketeer Member since: Apr 27, 2019
  6. Mr D

    Mr D UKBF Legend Free Member

    24,926 3,037
    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....
     
    Posted: Sep 18, 2020 By: Mr D Member since: Feb 12, 2017
  7. hopitt

    hopitt UKBF Contributor Free Member

    31 0
    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.
     
    Posted: Oct 18, 2020 By: hopitt Member since: Aug 14, 2020
  8. Countrymun

    Countrymun UKBF Regular Free Member

    151 16
    Great outcome - well done!
     
    Posted: Oct 18, 2020 By: Countrymun Member since: Sep 13, 2014
  9. NickGrogan

    NickGrogan UKBF Ace Full Member

    2,567 615
    Have you got a link to the judgement?

    I imagine 1000's of people would be interested in this.
     
    Posted: Oct 19, 2020 By: NickGrogan Member since: Nov 15, 2012
  10. MikeCC

    MikeCC UKBF Contributor Free Member

    46 9
    Small Claims Court - judgment not published.
     
    Posted: Oct 22, 2020 at 8:22 PM By: MikeCC Member since: Sep 25, 2013
  11. Accounting Controls

    Accounting Controls UKBF Newcomer Free Member

    9 1
    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
     
    Posted: Oct 22, 2020 at 8:32 PM By: Accounting Controls Member since: Oct 22, 2020