Paypal - Judgement by default against them!!!

[djrichie_t]

Righty, just thought i'd share my paypal experiences with you. Basically, they froze my account about 5 hours after i transferred the £175 that was in there to my bank account. As a result, my account became 'limited' and they stopped the transfer to my bank, reversed it back into my paypal account.

 

So I thought i'd phone them to see whats going on. After using the sneaky trick of pressing wrong buttons to confuse the calling system computer, I got put through to someone (yeah, a REAL person!)

 

I explained that my account had been froze, and I wanted my money ass it was useless in an account that I couldnt use. They said it was froze because of a 'linked transaction' (???) - Being rather annoyed I told them I will be sending a letter to them, asking for my money.

 

They gave me a PO box address in ireland, but I didnt trust it, so i decided to look on companies house and got their real registered UK address....

 

Paypal (Europe) Limited

Richmond Upon Thames

1 Heron Square

Hotham House

Surrey

TW9 1EJ

 

Sent them a letter (recorded delivery) which gave them 14 days to respond or I start court proceedings. They replied about 10 days after, by email acknowledging my letter. About another 7 days later I got a letter from them outlining silly terms and conditions with them basically saying they froze my account because of a chargeback a few years ago from another account... the chargeback was due to someone paying me with a dodgy cred card but i withdrew the money in time, leaving a neg balance (and left it at that - they tried getting debt people to get the balance from me but i stood firm and said no, been there done that got the t shirt....)

 

Anyway, I thought i'd try my luck. Went on moneyclaim.gov.uk, entered the details about my current paypal account, added the court charges and issued a claim.

 

I got no reply!! No admittance or defence was filed within the given time - deadline was 2nd April, so at like one minute past midnight today (3rd April) i managed to enter judgement by default! - I now given 14 days for them to pay me the whole amount

 

Now if they dont, whats the best thing to do? shall i send the bailiffs in?

 

all this excitement i cant sleep hehe!

[blacksheep1979]

ah send the bailiffs in - people like that deserve it and it also gives them less chance to try get it set asside.

[fbnts]

Wow! I can't belive they just ignored the court papers! good luck! It would be great to see headlines in papers in two weeks time "Bailiffs sent to the biggest online payment processors"

 

Tom

[borisbeaver]

Get the bailiff's to seize their routers.

[Gingerheid]

Might want to do some research before sending the bailiffs in; I think all their staff are actually in Dublin. I'm not sure what there actually is in the UK!

 

Unless you can find out that there are real staff and assets there I would write to them to notify them that you have judgement and to threaten that if they don't pay in, say, 14 days, you will apply to court to have one of their directors ordered to attend court to give information about Paypal's assets and the reason for their inability to pay you £xxx.

 

PayPal Forums might be a really good site to visit. Also, I'm sure they'll raise a few cheers for you if you tell them that you got a judgement!!!

[djrichie_t]

Might want to do some research before sending the bailiffs in; I think all their staff are actually in Dublin. I'm not sure what there actually is in the UK!

 

Unless you can find out that there are real staff and assets there I would write to them to notify them that you have judgement and to threaten that if they don't pay in, say, 14 days, you will apply to court to have one of their directors ordered to attend court to give information about Paypal's assets and the reason for their inability to pay you £xxx.

 

PayPal Forums might be a really good site to visit. Also, I'm sure they'll raise a few cheers for you if you tell them that you got a judgement!!!

 

 

Yeah, I sent the warning letter to paypals address in surrey by recorded delivery, that got signed for no problem so i think they do have something or someone there... but yeah, oral examination sounds good to me

 

has anyone got their dublin address (the proper one, not the PO box) ?

[MollieUK]

I have never had a problem with Paypal until recently. I have an account with them just used to pay for things.

 

The other week I was on a music/dvd download site and was thinking about signing up and paying the low monthly fee for the privilege.

 

I started the transaction through Paypal then remembered that a payment was due out of my account the next day and paying for this would leave me short. I closed the window before completing the transaction, before confirming anything.

 

However, when I went online to check my bank account, the money had been taken by Paypal. I was furious to say the least and immediately contacted Paypal and the site's bankers who use Paypal to collect payments and demanded my money back as they had acted without my confirmation.

 

I had no reply from them but my money did appear back in my account about 3 days later!! Be warned.

[sequenci]

a default judgment isn't a *real* success, they could still get that quite easily set aside, but i hope they don't!

[Pliny the Penuriosus]

Sit tight for about 28 days then instruct bailiffs to attend the UK address.

 

As they give that address whoever is there will have to prove they are not conected to paypal & that any goods or money on the premises is not theirs otherwise the bailiffs will snatch it.

 

Also let the press know what's happening

[djrichie_t]

Well... i applied for warrant of execution to be started, paid the fee and it got rejected.... couple days later (today) I received notice that it has been set aside as they say they did not receive the original claim (I know dam well they did, its a blag alot of people pull to try get away from a judgement) - it also says that its been transferred to my local (weymouth) court...

 

So whats the next step? do i wait and see if a hearing comes up? Luckily I sent a recorded letter to them at the same address warning them that if they didnt pay I would be starting court action. They responded to that so I know the address is correct.

 

Seems like im in limbo now :-/

 

Edit: I forgot to mention, in the letter it says paypal even paid the court £65 to have it set aside!!!! - Also, if there is a hearing in Weymouth that means a legal representative of Paypal would have to be there... so if anyone else wants to meet them outside and give them a good talking to be my guest! lol - no violence though, even though it would be very tempting!

[Guest Bert52]

a default judgment isn't a *real* success, they could still get that quite easily set aside, but i hope they don't!

 

You are quite right. I discovered that a default judgment is pretty damn worthless-unless, of course, that is ignored too.

[buzby]

I was going to say your Default isn't enforceable in the Republic of Ireland, if you wanted to pursue them there, you'd need to raise an action in the Dublin court, which is something you cannot do unless you are domiciled there or you have an agent. Incidentally, their HQ is in the former eBay building within Blanchardstown Business Campus, Co Dublin.

[JonCris]

Well... i applied for warrant of execution to be started, paid the fee and it got rejected.... couple days later (today) I received notice that it has been set aside as they say they did not receive the original claim (I know dam well they did, its a blag alot of people pull to try get away from a judgement) - it also says that its been transferred to my local (weymouth) court...

 

So whats the next step? do i wait and see if a hearing comes up? Luckily I sent a recorded letter to them at the same address warning them that if they didnt pay I would be starting court action. They responded to that so I know the address is correct.

 

Seems like im in limbo now :-/

 

Edit: I forgot to mention, in the letter it says paypal even paid the court £65 to have it set aside!!!! - Also, if there is a hearing in Weymouth that means a legal representative of Paypal would have to be there... so if anyone else wants to meet them outside and give them a good talking to be my guest! lol - no violence though, even though it would be very tempting!

 

I assume their application was ex'partie.

 

Return to court 'in person' & apply for the claim to be reinstated & produce their letter of acknowledgement to your LBA which would appear to indicate they have committed perjury by stating they had not been aware of your claim.

 

Remember in order to have the CCJ set aside on those grounds someone at Paypal or their lawyers would have had to sign a 'Statement of Truth' to that affect. Oh Dear!

 

Also ask for costs for their unreasonable & possibly illegal behaviour

[ManagingDirector]

Good advice by Jon~. Co signed.

[djrichie_t]

Latest news - I got a letter from the court saying theres a hearing on 22nd may.... So all i got to do i spose is go down there with all the emails and proof that paypal did receive my original warning letter (to prove address is correct) and that they acknowledged my claim!

 

This gonna be fun!

[nat8808]

Good luck DJRichie-T!

 

I have a similar letter to write with slightly different circumstances - I had a genuine refund given to a buyer by PayPal putting my account in arrears and limiting access. In order to pay this off, I sold some hi-fi on ebay, opened another PayPal account and received more than enough to cover the arrears but of course PayPal limited my new account access within hours because it was linked to the other limited account by my name! What a farce!

 

Now PayPal owe me more than I owe them but refuse to sort it out in an intelligent manner insisting I must pay the arrears to Robinson Way and then they will hold both amounts for a further minimum of 30 days before even considering to allow me access to my other money.

 

I can't afford to have this amount tied up so I am considering doing the same as you and taking them to the small claims court. Besides, if the arrears has been sold to Robinson Way, then it is nothing now to do with PayPal surely..

 

Anyway, let us all know how you get on.

 

Nat

[nat8808]

P.S. Could you give me any advice on how to phrase the letter or if there are any good templates to use on here? What did you say?

[aisforandy]

Any news on this one?

[powelll]

Just subscribing to this thread...v interesting! Am echoing aisforandy - any news on what happened at court?

[Pliny the Penuriosus]

nat As you know your circumstances best you should write a letter, post it here & everyone can offer their suggestions until you have the letter you need. Also you should start your own thread & not highjack anothers

[nat8808]

Yes, any news? Did the hearing go ahead?

 

(Pliny - I was just giving DJ RichieT a bit of support by showing that someone else is in the same situation and that his thread is very helpful and interesting. It might also be helpful to the many others going through this to know what he wrote/how he phrased his letter, myself included. I had no intention of going any further about my case here.. I can see that my first post on this forum did look like the beginning of a hijack but I'm a regular user of other forums and well versed in forum etticate.)

 

I'm waiting with baited breath to see how it went.. (or it could be because I've only just got up after a night call...)

[djrichie_t]

Update!!!!!

 

Hearing was adjourned until 2pm today, well heres what happened...

 

Went to court hearing at 2pm and there was some foreign bird there representing paypal - she had no defense prepared!

 

She didnt have a clue what she was on about and the judge was having a right go at her, basically saying that the claim was served upon them at that address, and the fact it didnt get to paypals office inside was not mine nor the courts fault, but paypals!

 

He then turned to me and said 'ive got every sympathy for you, and i know up to now you have had alot of your time wasted' - then told paypal to get it sorted! He gave them until 4pm on 14th june to have defense served to me, if I hear nothing I can then get my judgement back.

 

So. if i hear nothing in 7 days then i gonna send the bailiffs in big stylee, along with a wasted costs order!!

[buzby]

It really annoys me that if you were a litigant in person, and had not your case prepared, the judge would have found against you whether you were the pursuer OR defender. They get another week to sort themsdelves out, and you have to waste another day in court, irrespective of the outcome. Seems justice isn't as equal as we believe!

[Shoestring]

It really annoys me that if you were a litigant in person, and had not your case prepared, the judge would have found against you whether you were the pursuer OR defender. They get another week to sort themsdelves out, and you have to waste another day in court, irrespective of the outcome. Seems justice isn't as equal as we believe!

 

VERY good point!

 

Shoestring

[Pliny the Penuriosus]

I agree with Buzby The judges are so terrified of being appealed when it comes to the CPR or abuse of process they often side with party who has clout! or at the very least fail to use their powers against them.

 

If the DJ was soooo sympathetic why not an order for indemnity costs

 

Also did the defence argue CPR 13.5 if so it's been revoked