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    • The OP could call Express to see if they will withdraw the claim if she restarts her claim and just pay the court issue fee.    Then everyone is a winner! 
    • Hi Stormy   I do wish you good luck but I'd urge you not to get over-optimistic about a letter from your GP having any bearing on the outcome of this.  I do not share London1971's view that such a letter will assist you in defending the claim against you - unless you are suggesting that the diagnosis is so bad that you aren't functioning - in which case you probably ought not to be working.  Is your GP going to say that you can't be held liable for a breach of contract, but that you're perfectly OK to continue working and to make significant decisions in other areas of your life?  I don't know.   Also, I'm uncertain where the question of bullying and harassment first surfaced in this thread.  You engaged them on a NWNF basis to pursue a claim for you.  Apparently they contacted (or attempted to contact) you a lot - certainly more than you felt necessary or were comfortable with, and you ended up deciding to discontinue the case.  But were they harassing you?  Again, I simply don't know because I wasn't there - only you were.  Most people complain that they don't have enough contact from their solicitors, not that they are being harassed by being contacted too often.  [EDIT:  I also think most people would associate "harassment" with behaviour that is in some way harmful or damaging to the recipient, and not with a situation where the alleged harasser is trying to act in the other person's interest and to their benefit].    And I'm not sure where the bullying comes from?  They're suing you because they think you are in breach of contract and that you owe them the costs and expenses they've already incurred - and that they cannot now recover from the other party because you decided to discontinue the case.  I'm no particular supporter of law firms but, unlike some people, I don't have "anti-lawyer" as a default setting.  If they've genuinely incurred costs acting on your behalf and in your interests, then I think they've got a more than fair case to recover those costs.  Threatening to sue you or actually suing you isn't necessarily bullying.   I honestly think your best chance of success is questioning the level and extent of costs and expenses they claim to have incurred and try to reach a mutually acceptable settlement.   As I've said before, I'm not intending to be critical of you in any way and I'm really sorry that all this (the original accident, hassle with the lawyers and now them suing you) seems to have contributed to all the stress you have to bear.  I'm really just interested in ensuring that you can see this problem from all points of view and that you don't place too much reliance on an approach that I think has only very limited chances of success.  (But of course - as London1971 has pointed out - there's no harm in getting a GP's letter anyway AND preparing a legal defence like BankFodder is suggesting AND preparing to think about settling.  They aren't all mutually exclusive and you should keep as many irons in the fire as you can.  Use belt and braces and don't just rely on one).   Anyway.  Good luck.  I'm frequently wrong and you may win outright!
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    • Hi  I don't have an issue going all the way - The only question I would have would be whether I could expect to recover the resale value or whether it would be best to concede this is unlikely. I can prove to some extent the expected resale value but not as readily as the prices originally paid. 
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deathbycrayons

Paypal - trying to issue refund with a negative balance..

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I sold something on ebay that the buyer paid for with paypal. £70, I transferred the money to my bank and sent the goods.

 

Now she's saying she hasn't received it and has opened a dispute. This means that paypal have now put my account balance £70 negative.

 

I'm trying to issue her a refund (no luck with tracking the item, so I'm having to just agree to a refund) but paypal won't allow me to as my balance is negative - so in order to ensure she gets a refund, it would mean paying £140 into paypal!! Help!!


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Just await their unfreezing, and you'll be able to credit as normal. It's normally best to leave the money in PayPal until the recipient has the goods

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They won't unfreeze it untill I issue a refund. But I can't as my balance is negative and I can't afford £140 (double the transaction amount).


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Just await their unfreezing, and you'll be able to credit as normal. It's normally best to leave the money in PayPal until the recipient has the goods

 

HHmm..Not sure I agree with that, as you leave yourself open to all sorts of fraud then, Paypal will grab that money from your Paypal account (or card or bank account if you are foolish enough to have them permantly added in Paypal), if the other party makes a complaint wether its justified or not.

 

Andy

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I sold something on ebay that the buyer paid for with paypal. £70, I transferred the money to my bank and sent the goods.

 

Now she's saying she hasn't received it and has opened a dispute. This means that paypal have now put my account balance £70 negative.

 

I'm trying to issue her a refund (no luck with tracking the item, so I'm having to just agree to a refund) but paypal won't allow me to as my balance is negative - so in order to ensure she gets a refund, it would mean paying £140 into paypal!! Help!!

 

The important bit here is the tracking, why do you say you have had no luck ?. how did you send it ?

 

How did you try and refund ?. If a dispute has been raised then all you have to do is agree a refund (as part of the dispute process) this will be the negative £70 that Paypal are 'holding' NOt a further £70, it sounds to me that you are trying to send a further £70, don't do that.

 

Andy

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Right so if I just 'agree' to the refund, then the buyer will be refunded the amount that is being held?


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It won't let me issue the refund as it says my account is in negative balance.


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It won't let me issue the refund as it says my account is in negative balance.

 

Are you doing this as part of the dispute process ?.

Paypal are 'holding' the money untill the dispute has been decided if they decide in the buyers favour then they will just send them the money and if you don't pay the £70 into your account then they will set a DCA on you to try and get the £70 back.

 

You may wish to phone them, don't expect any easy answers the whole dispute proces is a mess and they dont seem to know what they are doing half the time !

 

Andy

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It was part of a dispute - not a claim. So paypal weren't deciding in anyones favour, it hadn't got to that stage. The buyer and myself worked out that the only way around it were for her to trust me and close the dispute, thus 'unfreezing' the funds so I could send her a refund off of my card. That was the only way. Luckily the buyer trusted me and it's all sorted now.

 

If the buyer hadn't trusted me and closed the dispute, I would have had to pay funds into my account and wait 7 days for them to clear before being able to use my paypal again or issue the refund.


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