Can Paypal keep money after 180 days?

[paypaltotallysucks]

Right here is the story.......................................................

 

Back in early June 2009 my Paypal account became limited apparently due to suscipious or high risk activity, No explanation was given, I have challenged them regarding this but nothing has ever been said.

 

A few months ago I started a claim in the small claims court, I later abandoned this action because firstly Paypal kept challenging the Court saying that they could not be sued in the UK as they were based in Luxembourg, Also they managed to worm their way out of it with the 180 day rules with regards to witholding someone's money.

 

However, My money is due to be released shortly as next week it will be 180 days since my account was limited.

 

So what I want to know Is do Paypal HAVE to release the money after 180 days? Surely It would be a breach of their own agreement and illegal if they still did not release the money?

 

I keep getting emails from them but they are a load of crap, One person says your funds will be released on this date and another email says they will be released a day later than the other person said on the other email.

 

I have done some research and i believe that i could maybe take the matter to a european court for a small fee and they will not be able to use the Luxembourg excuse then.

 

But I am just wanting to know whether once the 180 has lapsed do they have to make my money available for withdrawal?

 

Thank you for your time.

[ashmk]

I cannot answer your question but I do feel the same as you about Paypal.

They are the worst company to have dealing with, I have even ceased trading on ebay because I refuse to deal with Paypal.

[paypaltotallysucks]

I finally got my money back from Paypal after 6 long months, I Informed them that keeping It any longer than 180 days would be Illegal and I would take them to the European Court and wipe the floor with them.

[Paypaldoessuck]

I finally got my money back from Paypal after 6 long months, I Informed them that keeping It any longer than 180 days would be Illegal and I would take them to the European Court and wipe the floor with them.

 

I am having the very same problem , only started last week , no explanation or findings about suspicious activity just closed my account even though I provided everything they requested . I thought it was due to having another Paypal account , and when I asked them this they said no , however they have now put a limited access on my second account that I willingly gave them details of . What is going on with Paypal , I have been with them for at least 10years , does that not mean anything .

I too keep getting conflicting info from them , latest is I sold an item posted it , its been signed for & Paypal have refunded the buyer . I'm on with this now , its taken them 3 days to escalate it even though Tracking Number was given that shows its been signed for .

[Conniff]

A few months ago I started a claim in the small claims court, I later abandoned this action because firstly Paypal kept challenging the Court saying that they could not be sued in the UK as they were based in Luxembourg, Also they managed to worm their way out of it with the 180 day rules with regards to witholding someone's money.

 

They can't use the 'another country jurisdiction' excuse in the EU.

 

The cross border regulations allows a small claims in the country you are domociled in (in this case England) and it is binding on a company in any of the other EU states.

 

In other words you put in a small claims through the English courts exactly as you would if it was a local trader. It is a fixed fee and no lawyers are required.

[buzby]

Sorry - no. There is a specific requirement to raise a competent action for the country of the defender. If you tried to sue me, I have every right to reject your claim of jurisdiction and you would have to either (a) raise the action in my own country - which would probably require proper representation, or (b) Instigate the proper EU-designed action.

 

With Paypal, prior to their move to Luxembourg, I raised an Irish Small Claims action in Dublin and this was competent.

 

To which 'cross border regulation' do you believe apply - and if they did, why was there a need to institute the EU-wide proceedure if it was ultimately a duplication?

 

See this: http://www.hmcourts-service.gov.uk/infoabout/claims/eu_cross_border_claim/index.htm

Edited July 22, 2010 by buzby

[buzby]

I've been with eBay for nearly 10 years - as a Private seller, if I reach my annual max limit of transactions, my account becomes limited until I complete more hoops to leap through. I have to do this every year IF (and only if) I break the limit which is set by Paypal. They could just as easily argue this prevents accounts being hijacked, and who are we to complain?

 

This information Is available on the sites, and what you need to do to lift the restrictions. If they didn't, they'd be accused of facillitating fraud (or more fraud that they have at the moment) so its no win for all.

[mlog]

Anybody Tried eBid Online Auctions - Buy & Sell in our Fee Free Internet Auctions for United Kingdom .. I have used them in the past and they seem ok.

[perplexity]

I looked into this some years ago and found that the situation with regard to Luxembourg and European law is extraordinarily devious.

 

While one may indeed begin an action against a company registered in Luxembourg by way of a court in the UK, the risk is then that a not so well known provision of the law allows the company to insist that the case is tried in Luxembourg, which is to anticipate that the argument over that could drag on for months if not years before the chance to air the original issue, if so lucky.

 

This is especially tricky because the law is in a state of flux.

 

To their credit, the EU Commissions have been trying to rope the maverick into the coral, so to speak, but I am not so sure of just how far they got, short of the months to spare to read it all.

 

[buzby]

Why would they bother? New legislation was enacted for all EU states as mentioned in my link; http://www.hmcourts-service.gov.uk/i...laim/index.htm

[Conniff]

That link is no longer buzby - got a new one?

[buzby]

Hang on, I'll check!

 

Use the original link in Message #6 !

[perplexity]

Why would they bother? New legislation was enacted for all EU states as mentioned in my link; http://www.hmcourts-service.gov.uk/i...laim/index.htm

 

The link leads in turn to this advice [EX725] from the courts-service:

 

If your dispute is against a person or business in a different Member State, you will

have to find out which Member States courts has the jurisdiction to deal with your case.

Jurisdiction in cross border cases is governed by EU Council Regulation (EC) No 44/2001

on jurisdiction and the recognition and enforcement of judgments in civil and commercial

matters, otherwise known as the Brussels Regulation.

----

According to Article 63 of the Brussels Regulation

 

1. A person domiciled in the territory of the Grand Duchy of Luxembourg and sued in the court of another Member State pursuant to Article 5(1) may refuse to submit to the jurisdiction of that court if the final place of delivery of the goods or provision of the services is in Luxembourg.

[buzby]

Article 63 pre dates the ECP and as such is probably now stale. From memory, changes were made in 2008 to facilitate this.

[perplexity]

The court-service advice document which especially refers to the Brussels Regulation 44/2001 appends itself:

 

EX725 Making a cross border claim in the EU [12.08] © Crown copyright 2008

 

 

The European Court of Justice recently held (Case C-147/09) that the Brussels Regulation applies to a contract for services provided to several EU member states.

 

[Paypalvictim]

Today I got the same message:

 

Dear ***********,

 

We appreciate your interest in PayPal; however, our decision to leave your account in a permanent limitation status is final.

 

PayPal reserves the right to limit access to any account reported to be involved in possible fraudulent or high risk behavior. In the event of a dispute, PayPal will seek to recover the funds from you by debiting your PayPal balance and, if there are not sufficient funds in your PayPal balance, PayPal reserves the right to collect your debt to PayPal by any other legal means.

 

Due to the potential risk of chargebacks and other risks of funds reversals, your balance will be held 180 days from the date your last payment was received. At that time, any remaining funds will be available for withdrawal.

 

 

 

 

Please let us know if you require any further assistance.

 

Yours sincerely,

Rolf

PayPal

 

Copyright © 1999-2012 PayPal. All rights reserved.

 

PayPal (Europe) S.à r.l. et Cie, S.C.A.

Société en Commandite par Actions

Registered Office: 22-24 Boulevard Royal L-2449, Luxembourg

RCS Luxembourg B 118 349

 

 

 

What happend:

 

I upgraded my private account to a business account and startet to sell some goods via my online shop.

 

In a few days time I made a turnover off almost 9500 pounds.

At that time my account was limited, because the verification process was not fullfilled yet.

 

I did not hear anything from paypal, they accepted the payments from my customers and tuesday I could verify my account, finally the debit agreement and the two deposits where visible on my account.

 

Immediately, my account was unlimited and 9500 available for withdrawal. Before the limitation was liftet, my husband logged in a few times from his work. There at work, several proxies are used, my husband can't control, he works for a big company which has an own big network and several ip's all over the world, although they are in UK and in Holland, you can have a polish, usa, uk or nl - ip.

 

At home we logged in a few times and we logged in via teamviewer on another pc because there where problems with the paypal website (monday, tuesday).

 

Via the business account I created a guest account for my german girlfriend, she should take care about the shipments, printing etc, so this IP was known.

 

Now it comes, I had to pay my supplier, he sended me an invoice a day earlier and I paid this with paypal. 10 minutes later, my account was totally blocked.

 

At the moment, nobody is able to pay via paypal, I loose an realistic overturn from round about 3000 per day. Customers raize complaints and want money back, half of them I could satisfy by shipping and paying with other money which I had available.

 

Several times I tried to explain those basterds what was and is going on and now finally I sended them a letter threatening with a lawyer and FSA.

 

I don't know what to do anymore, those basterds are destroying my future, overturns went completely down, I loose money, my customers and my future.

 

Customers start to swear and run away! A new area in my life almost destroyed!

 

Thank you Paypal! You can be aware that I will come to Luxemburg if FSA can't help!

 

For 180 days you will pay! For every single order and customer I loose you will pay!

 

Today I lost an overturn of 3000!

 

Bet on it! If I don't get you in UK, I come to Luxemburg or Germany! I will fight for my rights and my money! Bet on it Rolf!