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It looks as though i am taking Paypal to court, I will be starting Legal Proceedings next week.

 

Paypal do still have two address in the UK, Also they can be investigated by the Financial Ombudsman Service, therefore they can be sued.

 

Their address is:-

 

Paypal (UK) Limited, Whittaker House, Whittaker Avenue, Richmond, Surrey, TW9 1EH.

 

Their Head Office is:-

 

Paypal Europe Ltd, Hotham House, 1 Heron Square, Richmond Upon Thames, Surrey, TW9 1EJ.

 

I have sent a letter to both of these address, They were sent recorded and have been signed for as i have tracked them.

 

Bascially they are witholding money in two accounts, £97.07 in my account and £40.39 in my partner's account and they are not allowing me to withdraw the amount which maybe classed as theft as the money belongs to me and not them.

 

There are no disputes on any account as any disputes have been resolved.

 

If i take them to court what charges can i add on top? I understand that i can add my court fee's on top as well as 8% interest, Is there anything else i can add on top of that?

 

I am determined to fight them all the way, They have no responded to my letters so i presume they want to go to court, I'm not sure whether they will defend the claim as it will be for less than £200, Is it worth them defending the claim?

 

Cheers.

Edited by thecookiemonster
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Probaly not. But is it worth spending the additional money without any guarantee of success? They could easily shpw that they are domiciled within the EU (Luxembourg) and as such, to be competent, your action will have to be in its 'home' country. Just because they have an address in the UK/Ireland doesn't make them accountable - as I discovered when I tried in Dublin.

 

Next, even if you got a judgement by default, they still could ignore it and when you pay more to send in the Bailiffs, they'll show evidence of their exemption and you're back to square one. Legal Services 1 - Punters 0.

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Probaly not. But is it worth spending the additional money without any guarantee of success? They could easily shpw that they are domiciled within the EU (Luxembourg) and as such, to be competent, your action will have to be in its 'home' country. Just because they have an address in the UK/Ireland doesn't make them accountable - as I discovered when I tried in Dublin.

 

Next, even if you got a judgement by default, they still could ignore it and when you pay more to send in the Bailiffs, they'll show evidence of their exemption and you're back to square one. Legal Services 1 - Punters 0.

 

I'm not going to let this drop, I am going to fight them all the way, Paying £30 to take the matter to court is worth every penny, What they are doing is wrong and they should not continue to get away with it!

 

I have found out the following information:-

 

Court

Your contract with PayPal UK is with PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th Floor

22-24 Boulevard Royal, L-2449, Luxembourg, As above, you may file a claim in your local court.

 

The courts MAY also want to see PayPal (Europe) Ltd or PayPal (UK) Limited (money claim online limits claims to 2 defendants) as a second defendant on your claim paper, both registered with Companies House at Whittaker House, Whittaker Avenue, Richmond, Surrey, TW9 1EH.

 

If you are unsure whether your claim may be successful and do not wish to risk court, complain to the Financial Ombudsman Service (FOS). Although no longer regulated by the FSA (since their move to Luxembourg) they are still caught by the FOS which will be able to consider almost ANY complaint you may have with PayPal, up to and including poor customer service. Complain here. Some have suggested on blogs that PayPal are charged £300+ for each FOS complaint. While FOS can make this charge, it’s unlikely where the company is voluntarily (as a non-UK company) adhering to FOS’s decisions.

 

FOS could deal with, for example, claims that PayPal were unreasonable with their deadlines for seeking information from you to resolve your claim. If PayPal have acted unreasonably in freezing your account the FOS can request Paypal to compensate you for lost interest and may also consider your wasted time in trying to resolve the matter, so be sure to include these consequential losses in your claim.

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Who knows? If you're spending £30 in the expectation of a resolution, you may be wasting you money.

 

If you look upon it as a speculative attempt to make them notive you, it might work. But as I noted earlier, you cannot enfoce an English Court Judgement on a non-domiciled entity. Having an English office doesn't cut it. I spent around €200 and didn't achieve much, so don't build your hopes too high.

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I have sent a letter to Paypal Europe S.A.R.L in Luxembourg today informing them that unless they allow me to withdraw my money within the next 7 days i will be suing them.

 

They have no good reason to hold my money for 6 months and it could be classed as theft as the money is my property and they are holding it.

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Thanks for that link for the European Small Claims Court Application Form, Maybe i will have a good chance of beating them in court.

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Eurpean SC seems to ft the bll, but ths is a farly recent nnovaton and I have no experence of t. My issue wth PP wasn't fnancial. Some nutter had places libellous comments on their 'About Me' page regardng a transacton and I couldn;t get them to remove t.

 

I went to ther Dubln HQ (who London report to) and got the run around, so I rased an action in the Dublin Distrct Court, but t didn;t get past the paperwork stage. In the event, I did manage to get t removed wth a smple letter from an Irish Solicitor (!) but the court acton was a waste of space.

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  • 1 month later...

I would be very interest to know how you have been getting on cookiemonster...

my situation is this...

ive been using PayPal for a couple of years as the predominant means of taking payment on an ecommerce site. Recently several charge backs appeared on my account after the goods had been shipped, my account was left with a negative balance until PayPal helped themselves to my own credit card! They also decided to put on hold other transactions on my site and have accused me of not being who I say I am over the phone so won’t giving me the money! They have also suspended my account.

I’ve followed there online procedure for supplying all the evidence that I had the items shipped them and they were delivered and signed for. All the items were marked in PayPal as 'seller protected'

One of the things PayPal asked for was my driving licence, my passport or a national ID card. I supplied my drivers licence then got an email telling me my appeal was denied.

After speaking to customer service I was told that my signature on my driving licence wasn’t mine! How crazy is that! ive also sent them my passport as well.. Yet still they won’t reactivate my account or give me back my money.

I so want to take them to court the way they are behaving I find atrocious! I thought PayPal was ok until all this happened.

 

i wonder what i ca do next other than try and sue them... the total value im down runs into the £1000's

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What is the exact reason Paypal are with holding on you?

 

I too have been dealing with them for years, they are a really annoying company. I once went into negative and had debt collector letters within weeks, eventually the only way I could satisy them was by sending a bankers draft to an address in Ireland. I have had chargebacks and account frozen twice while they verify the same bank account for what seemed like the 100th time and re verified my address and the debit card, even though that was for the account that had already been verified numerous times.

 

In each case, although not exactly quick each problem did get solved by following procedures online, trying to speak to a person is a waste of effort. When I was chargebacked after supplying all the transaction details, auctions numbers etc all info they already had they finally confirmed the buyer did initialize the transaction and returned the funds.

 

Either way i doubt it would be worth trying to take them to court, you may be able to claim court costs but the run around they could give you could end up costing you alot more then they owe you and if everything is legit on your account then just supply them what they want and you will eventually have your account restored.

 

As much as I hate to say it when trading in certain places to not offer paypal only costs you sales and money.

 

jjme88, did they definitly take the money from your card? The reason I ask is because during all the verification processes you set up a variable direct debit. If the money was took off your card I would go to your bank. As this transaction would not have been verified by the chip and pin system the bank will take you seriously, just insist you did not authorize this transaction and you should get the money back.

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hi thanks for that yea i'll contact my card company and try to cancel the funds they took back off me.

Ive doe my utmost to supply all details of the transactions including any emails i exchanged with the buyers i was even able to give there IP addreses etc...

ive also spotted that on my orginal email order confirmations the transactions had 'confirmed' addresses yet in paypal they now show as 'unconfirmed'... strange me thinks.

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  • 2 weeks later...
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  • 1 month later...

I put some money into my teenage child's account and without my knowledge they opened a Paypal account and paid for an item off ebay worth £250 and the account has been limited and my money is stuck in there, Surely they can't make me wait 180 days to get it back?

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are you syaing the ebay transaction has been cancelled an you are waiting for the funds to be returned?

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if your child has 'bought' something from ebay - they have paid for it so where does the funds you are waiting for come from?

 

unless you are syaing paypal have put a hold on the funds to pay the seller?

 

sorry I cannot make any sense of the post.

 

normlly they only withold funds for 180 days when you have sold something and they think the transaction is at risk - normally this clears when the purchaser has left feedback.

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Thing is the normal procedure would be to contact the seller, explain, apologise and ask them to send an amicable transaction cancellations request and then they could refund you, If being held for 180 days something is up. Is the ebay acct in your name or childs matters also.

 

Sellers get a little peed off with these issues and dont be suprised if they suspect it is buyers remorse, if for example child is 18 or childs account is accesible to them as in adults responsibility to make sure account secure.

 

You could end up out of pocket on this if you are not careful, best to answer all questions and more accurate advice will follow. Have you tried the discussion boards on ebay also, buyers forums get quite a lot of feedback.

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Just one more thing, if this money was savings in a childs account, why so panicked to get your money as you say. As soon as it is sorted if you are entitled to any monies they would refund, so as this was not money in a purse needed for day to day but savings, surely no need for anxiety on length of time to retain it. Ebay do seem to be on a go slow on most things, weeks to find a resolved case of mine is still showing as open which was resolved in november:madgrin: They arnt in a hurry these days!!!!

 

Also if your child has the item and used it you will be liable for the cost anyhow as childs parent.

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