is it possible to open a small claims case against paypals c.e.o

jazmac
Contributor
Contributor

hi all.

Paypal have decided against me in a case i feel i have been robbed off.Is it possible to open a small claims action through the u.k courts against paypals chief executive officer? unsure if they have to be from the uk to open a case against them.Cheers

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17 REPLIES 17

kernowlass
Esteemed Advisor
Esteemed Advisor

You have up to 10 days to appeal a case, click on closed cases and appeal.


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jazmac
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I have done exactly as it says in the topic paypal disputes(new)but it does not give me the option to appeal,the ruling against me was today so i am well within the ten day rule.the only bits it lets me click on are the case id,the amount paid and,below the word action,it only gives me the option to view.there is nothing there with the word appeal.am i doing something wrong?.cheers

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kernowlass
Esteemed Advisor
Esteemed Advisor

Copied from paypal pages, if you don't have it then call paypal and ask them to open an appeal for you and see if they can.

 

 

 

 

Step 5: Appealing a Claim

If a claim is found in favor of the buyer, you may be able to appeal the decision, especially if one of the following is true:

  • The item was returned to you, but not in the same condition as it was when the buyer first received it
  • No item was returned at all-just an empty box
  • The wrong item was returned to you

You can file an appeal in just a few steps:

  1. Log in to your PayPal account
  2. Go to the Resolution Center
  3. Select Closed Cases from the drop-down menu
  4. Click the Appeal button

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PayPal_lucy
Moderator
Moderator

Hey there,

 

The only reason why it would not let you appeal is if the item is something that PayPal don't actually cover under buyer protection.

 

For example, intangible item or vehicles. Say for example you were purchasing a car, as we do not cover cars once a case has been closed it cannot be appealed.

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jazmac
Contributor
Contributor

thanks for the reply,it was a vehicle,which is not covered under paypal rules,but it is covered under the united kingdom trading standards distance selling rules,was at my lawyers yesterday and he is contacting somebody in luxembourg regarding it.dont know why paypal make it so difficult to get contact details of people you want to sue,surely the buyer should have more protection than this.thank god  the uk have got trading standards or i would have lost all my money going by paypals policies

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kernowlass
Esteemed Advisor
Esteemed Advisor

Paypal provide some seller and some buyer protection.

 

But the onus is on you to read up on that protection and make sure you are covered before going ahead with the transaction. 


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jazmac
Contributor
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exactly as you say,provide some protection,in other word they do not provide adequate customer protection,next time i will spend 5 or 6 hours reading all the rules and trying to remember them all before i put a bid in on ebay.we are paying paypal for protection yet we are better provided by consumers rights,which costs nothing.

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kernowlass
Esteemed Advisor
Esteemed Advisor

You don't have to read all the rules.

 

When i started buying I just clicked on "buyer protection" and read this.

 

When am I not covered by PayPal's Buyer Protection?                 :               

                                :               
There are some transactions that we do not cover including but not limited to payments for services, real estate, businesses, vehicles, custom made items, airline flight tickets, eBay classified advertisements, licenses and most intangible items.
In addition, items prohibited in the PayPal Acceptable Use Policy are ineligible for coverage.

 

 

Then when i started selling i did the same for seller protection.

Like all policies you have to check how you are covered.


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jazmac
Contributor
Contributor

here is a statement from the key payment and service infomation,under paypals terms of agreement when you first join.

  • Our Buyer Protection Policy assists buyers of goods who send payments via the Service to recover a certain amount of funds from sellers.
  • It applies when the above mentioned sellers, under certain circumstances, do not send the promised goods, or deliver goods which are 'significantly not as described'.                                                                                                                 
  • Cant see any info about excluded items there?
  • here is another statement from paypals key payment and service information
  • Where we cannot resolve a dispute, a User may either complain to the UK Financial Ombudsman Service following completion of our internal dispute resolution process or sue us in the courts of England and Wales (or your local Court if you are a consumer). You may also complain to the European Consumer Centre (ECC-Net). You may obtain further information regarding the ECC-Net and how to contact them at (http://ec.europa.eu/consumers/redress_cons/) You may access and obtain information regarding the Financial Ombudsman Service at http://www.financial-ombudsman.org.uk. You may also refer an unresolved dispute in writing to our regulator, the CSSF at the following postal address: Commission de Surveillance du Secteur Financier (CSSF) 110, Route d’Arlon L-2991 Luxembourg.
  • why do paypal not give people this information when they have a dispute against paypal
  • according to paypal my dispute is resolved in the sellers favour.paypal are well aware that i am not happy with the outcome,so why have they not provided me with this information.
  • i am paying a lawyer to deal with this but i was never informed by paypal that i could complain to the financial ombudsman first.
  • or is it worded so as to confuse people to think that because paypal have resolved the dispute the loser cannot complain to the ombudsam (Where we cannot resolve a dispute, a User may either complain to the UK Financial Ombudsman Service)?
  • the email i recieved  says that my solicitor or the police can get in contact,no mention of me being able to write to paypals regulator(You may also refer an unresolved dispute in writing to our regulator, the CSSF at the following postal address: Commission de Surveillance du Secteur Financier (CSSF) 110, Route d’Arlon L-2991 Luxembourg)
  • paypal make it so difficult and do not give out this kind of information
  • i am sure that they try to make people just give up.
  • anybody else reading this that are having problems with paypal please dont give up
  • it only costs £75 for a raise a small claims action.go to your local court and open one,its easy.
  • a solicitor will fight your case for free if you have a good chance of winning.
  • check with trading standards,you have more rights with them than you do with paypal.
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