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Paypal scammed - Legal advice - Page 2

post #16 of 19
Thread Starter 
i was talking to my law school friend and he was telling me that there is no way ANYONE should be able to take money away from you. And in his opinion, he said that taking them to small claims court that most likely THEY would cave as they would have to pay an attorney ~$3-400 an hour + transportation to get down here and defend themselves, do any lawyers think my situation is worth it? Paypal basically told me I'm shit out of luck, but I think if i take them to small claims i will win, what do you think?
post #17 of 19
Quote:
Originally Posted by poly800rock
i was talking to my law school friend and he was telling me that there is no way ANYONE should be able to take money away from you. And in his opinion, he said that taking them to small claims court that most likely THEY would cave as they would have to pay an attorney ~$3-400 an hour + transportation to get down here and defend themselves, do any lawyers think my situation is worth it? Paypal basically told me I'm shit out of luck, but I think if i take them to small claims i will win, what do you think?
Well, I'll Bet they will respond only when served with a suit. And the result will be an attempt to dismiss with a request for summary judgement based on your agreement to thier terms when signing up for PayPal. As far as no one should be able to take money away from you, it happens all the time and they can get away with it provided you dont have the stamina to proceed forward with a legal claim despite thier attempts to get you to go away. Most people will bark and will not bite, they will make threats and will not follow through. That's what corp's like PayPal assume. But if you will devote the time needed and present the proper materials in proper fashion you will get thier attention, if not pack it up and go home. $300-$400 dollars an hour, baloney, they would contract the case to a local attorney and I doubt it would be at that rate. Spend money, yes I feel there would be little oportunity not to on thier part. I think if you babble on in the complaint an attorney would find something to reqest a dismissal base on yet again "summary judgement". Is this law school friend prepared to represent you Pro-Bono?
post #18 of 19
Quote:
Originally Posted by poly800rock
i was talking to my law school friend and he was telling me that there is no way ANYONE should be able to take money away from you. And in his opinion, he said that taking them to small claims court that most likely THEY would cave as they would have to pay an attorney ~$3-400 an hour + transportation to get down here and defend themselves, do any lawyers think my situation is worth it? Paypal basically told me I'm shit out of luck, but I think if i take them to small claims i will win, what do you think?

You won't win. It's not the money Paypal owes you that it's defending, it's their policy that's they're defending. So, if they must spend a few grand defending the suit, it's a cheap price to pay for their policy. The only way you can get them is through a class action. It makes the potential damage big enough to attract the good lawyers. You won't get much out of it, other than personal satisfaction that you stick it to the big business.
post #19 of 19
Quote:
Originally Posted by DarkNWorn
You won't win. It's not the money Paypal owes you that it's defending, it's their policy that's they're defending. So, if they must spend a few grand defending the suit, it's a cheap price to pay for their policy. The only way you can get them is through a class action. It makes the potential damage big enough to attract the good lawyers. You won't get much out of it, other than personal satisfaction that you stick it to the big business.

If it were me I would not get involved with a class action even if it were possible to sucessfully initiate. I would find it more rewarding to engage in my own battle with them even if I lost, I would follow every detail of the case and do proper research. If they claim I should be bound by the agreement (probably not signed) I would look to find a reason in which they breached the contract/agreement first which would effectively make it null and void.

I do not think that it should be viewed simply as sticking it to big business but should be viewed as standing up against a business that has perpetrated a wrong. And I do concede that this matter may have occured not because of some wrongdoing on PayPal's part but may have been due to fraud or just bad practice on the selling end.

Anyway, if this person elects not to take action, this matter should be taken as a lesson and a review of one's own policy regarding the safest way to sell merchandise and protect thier financial interest.

It seems that this order was made via a credit card through PayPal (which by the way makes PayPal the seller of record not the seller himself) and either this was made by the buyer and they are engaging in fraud or someone other than the buyer attampted to use the card. All it takes is for the buyer to make a purchase hoping the seller will ship to an unconfirmed address and then the buyer either files a claim with PayPal claiming non-receipt which isnt all that hard. PayPal will probably find for the buyer, if that failed going to ones own credit card company or bank will croak PayPal out faster than you can blink, PayPal will ultimatly cave and you the seller will get reamed twice.

In closing I suggest that the so called protection policies of both eBay and PayPal simply do not protect anyone and when challenged you will only receive boiler plate communications and a tuff luck ending. I am not knocking eBay as you can close many a deal both as a seller and buyer if you operate well. PayPal however, stinks and should be regulated as a bank is, and for a business to use it I would say they were off thier rocker.

The matter should be elaborated on to show what PayPal is claiming as to why they have pulled back the monies. EXA: Buyer claims non-receipt or did not order at all, was the claim initiated via PayPal or the CC company.
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