Since February I've been engaged in dispute with a buyer from Spain. Several days after receiving a painting by the Spanish impressionist Isidre Nonnel, the buyer claimed the painting was a fake.
In an email to PayPal, the buyer has said that a ‘lady expert’ recognised the painting from attending the ARCO art fair in Portugal in 1987 ago as a ‘fake’ and ‘had removed it’.
The buyer does not give the name of the expert, where she is from, or her expertise nor does he say how he traced her, why he had not shown the photographs of the painting to her before he bought the painting.
It is remarkable to me that this expert recognised a picture from 30 years ago when she must see thousands of paintings each year. It is not credible.
On the rear of the painting there are several labels including those of the Spanish art dealer Lucas Palacios (the firm no longer exists). There is also a label of the well-known firm of Andre Chenue & Fils which since 1760 has specialised in packing and transportation (domestic and international) of fine art objects. The rear of the painting has not been touched since at least 1987. I also have full provenance of the painting.
The buyer gave no evidence the picture was fake. The case went all the way through to Appeal (twice) and the case was decided in my favour each time. The case was then closed or so I thought. Up popped the buyer again (10 days ago) to say actually he had to return picture because it was received broken when he received it and this was the first time (remarkably) he had noticed it.
Setting aside his ludricrous claim, I find it remarkable PayPal can believe an obvious fraud. The buyer wasn't able to provide evidence the painting was anything other than what he had bought. He failed to provide evidence from an expert who he said had recognised the painting from 30 years ago and despite winning all the stages from dispute to two appeals, PayPal finds in favour of the buyer. And this in despite the terms of conditions saying an appeal is final and the case will be closed.
I have been a PayPal since 2009, have paid the company thousands of pounds and yet this is how I'm treated. I am consulting lawyers whether PayPal has breached its contract in providing its services and by breaching its own terms and conditions. Further news soon.
