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I am taking paypal to small claims court

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Gabeseg

New Contributor
Dec 11, 2010
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I am taking paypal to court. I am so fed up with them. I made a purcahse on ebay. What the seller sold to me didn't match with what they advertised on their auction page. I contacted paypal multiple times to file a dispute and paypal denied my funds back. I am so fed up with their practices that I am taking them to court win or loose. For all you who have paypal, be very careful with paypal. I have closed my account with them. I will never use them again. I work so hard for my money. And these people do not care. There are so many horrible stories of people that got screwed by paypal. I am one of them and I am taking them to court. It takes only one person to make a change. I will fight witn or loose.
 

DeletedUser394

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Wouldn't the fault rest with the person who sold you the item (the person who misled you in the first place).

Paypal didn't do anything wrong, so why should they refund you?

Edit: Never mind, I just read something about how paypal will refund you in a situation like this. I think it's stupid quite frankly.

Less and less responsibility on the buyer to perform proper due diligence before making a purchase on the internet.
 

kurtyordy

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Aug 28, 2007
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Wouldn't the fault rest with the person who sold you the item (the person who misled you in the first place).

Paypal didn't do anything wrong, so why should they refund you?

paypal offers peace of mind buyer protection, so they do have a stake in this
 

DeletedUser394

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Mar 24, 2008
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paypal offers peace of mind buyer protection, so they do have a stake in this

That's hilarious. Then obviously the OP is entitled to his money. But how could/would paypal be able to verify such a claim in the first place?

Seems pretty dumb.
 

Gabeseg

New Contributor
Dec 11, 2010
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Because whenever you make a purchase with Paypal, if the seller refuses to issue a person back a full refund, the only way I can get my funds back is to file a dispute with paypal, which is what I did. I have conatcted the seller multiple times via email and asked him back for a full refund becasue what he sold to me doesn't match with what was listed on his auction page. The seller did not reply back to any of my emails. I have contacted paypal and put in a dispute and a week later paypal sent me an email stating " After their investigation, they are denying my despute because I do not enough evidence. I am taking them to court. I have heard too many stories of paypal practices. If paypal will not hear from the little guys like myself, hopefully they will listen when i do take them to small claims.
 

kurtyordy

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Aug 28, 2007
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That's hilarious. Then obviously the OP is entitled to his money. But how could/would paypal be able to verify such a claim in the first place?

Seems pretty dumb.

seems like a long shot. I would be curious as to why they said they turned him down. I think he would need to name both parties in the suit, but hey, I am no attorney.
 

kurtyordy

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Aug 28, 2007
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Because whenever you make a purchase with Paypal, if the seller refuses to issue a person back a full refund, the only way I can get my funds back is to file a dispute with paypal, which is what I did. I have conatcted the seller multiple times via email and asked him back for a full refund becasue what he sold to me doesn't match with what was listed on his auction page. The seller did not reply back to any of my emails. I have contacted paypal and put in a dispute and a week later paypal sent me an email stating " After their investigation, they are denying my despute because I do not enough evidence. I am taking them to court. I have heard too many stories of paypal practices. If paypal will not hear from the little guys like myself, hopefully they will listen when i do take them to small claims.

obvious question- what proof did you provide?
 

Bozigian

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Oct 13, 2010
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If you go to google and type paypal without pressing enter then a list saying paypal horror stories will show up lol.

Even on the first page of google for 'paypal' their is a website that says paypalsucks as the domain name. LOL
 

Bozigian

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To be specific, what did you buy and how was it listed on the description?
 

CEBenz

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Apr 16, 2011
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Paypal has been rapidly alienating users for a while now. Just 2 weeks ago, a friend of mine had funds yanked from his account "for investigation" despite no complaints on either end of the transaction. The merchandise the customer ordered had already been shipped and delivered, nonetheless, Paypal insists they are holding the funds until their "investigation" is complete.

There have been increasing issues with hacked Paypal accounts as well. Jut look at MJs post a while back about people who have their bank accounts cleaned out because they connect the account to paypal.
 

CEBenz

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Actually, I'd think that eBay would be the party you'd complain to if they handled the auction.

I know they own Paypal, but they are two separate entities.

Whenever I've had an issue with eBay, it was handled satisfactorily.


Bob

That's a valid point Bob. I'd overlooked that side of it.
 

mayana

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There isn't enough information about the poster's problem to really make a decision here about who is correct in the dispute.

I am glad that I read this, however. Perhaps it is better to keep PayPal at arm's length...
 

Qjet50

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Jul 26, 2007
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What Paypal offers is very similar to the type of "protection" you would receive with most credit card company transactions. But agree with Bob, a company like Paypal would want to see you try and resolve the dispute through the auction organizer first, namely Ebay.
 

Gabeseg

New Contributor
Dec 11, 2010
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have contacted ebay and they said that they are doing their investiagtion. The sad thing is that not only has the seller ripped me off, but there have been four other people who purchased the same thing I purchased that the seller also ripped off as well. The seller feedback rating has gone from 100 percent down to 62 percent. I have contacted ebay and they said they are also doing some investigation on the seller and if the seller is taking advantage of consumers like myself, they may perhaps close his account. I am so upset. I mean, fi I go to a walmart and I am not satisfied with the item I purchased, you have the right to return the item back with a 30 day time. Why all the hassle with Pay pal and ebay. I have heard too many stories but I never thought that this kind of thing would happen to me. This is a crazy world we live in. Why do some people feel like they have to scam people or rip them off to get ahead. It cost what $100 to file a claim against them and they are the one that will be shelling alot of money because they will have to pay a couple thousand dollars to bring their attorney to defend my complaint against them in small claims. Just the other day, I read about a couple who foreclosed on Bank of America because Bank of America refused to pay a judgment ordered through the court. Why do all these big corporation feel like they are invisible and that they can do as so as they please and that they are above the law? If everyone who has a bad experience filed a case in small claims with these companies, these big corporations will change their way of doing business.
 

wallstreet

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Sep 17, 2010
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Funny I was just telling my partner that I did not want to accept paypal for my company. While they do allow people to pay quickly they are very limited in the options they offer to the buyer or seller.
 

UncommonWay

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If you go to google and type paypal without pressing enter then a list saying paypal horror stories will show up lol.

Even on the first page of google for 'paypal' their is a website that says paypalsucks as the domain name. LOL

Not that I'm accusing Google of anything underhanded, but it's definitely to their benefit to have PayPal seem like a bad idea. After all, Google has a competing system, Google Checkout, to promote. So, "Hey, PayPal sucks...wanna try Checkout?"
 

BillyShears

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Jun 7, 2010
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Gabeseg - Before you go down to the court house, take a look at the terms of service for ALL users. If your claim is less than $10k, you already agreed to go to arbitration. If it is in excess of $10k, you must file in either Santa Clara County, California or Omaha, Nebraska.

14. Disputes with PayPal.


14.1 Contact PayPal First. If a dispute arises between you and PayPal, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and PayPal regarding the PayPal Services may be reported to Customer Service online through the PayPal Help Center at any time, or by calling (402) 935-2050 from 6 AM to midnight, Central Time.

14.2 Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

14.3 Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in Section 14.2 above, you agree that any claim or dispute you may have against PayPal must be resolved by a court located in either Santa Clara County, California, or Omaha, Nebraska. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California, or Omaha, Nebraska for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflict of law provisions.

14.4 Improperly Filed Litigation. All claims you bring against PayPal must be resolved in accordance with Section 14 of this Agreement. All claims filed or brought contrary to Section 14 shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to Section 14, PayPal may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that PayPal has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
 

458

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lol... their lawyers are just going to throw piles of paper at you till you run out of money. Good luck though!
 

Gabeseg

New Contributor
Dec 11, 2010
21
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9
Thanks for all your inputs. I have already filed the claim on Friday. It cost $101 total. I am fed up with paypal. Nowadays, anyone can rip you off of ebay. Before I made the purchase, I saw that the sellers feedback was 100 percent. I thought that he was a genuine seller based on his feedback. Sicne then, his feedback has gone down to 62 percent, with others buyers being duped by this guy and leaving negative feedback. I really hope that ebay does close out his account. But the reason I am suing paypal is because they are the middle man between myself and the seller. If I go to a Walmart and I make a purchase and if what I paid for didn't match or whatsoever reason, I wasn't satisfy, Walmart will issue me back my money back, no questions asked, as long as I bring my receipt and the item back. Paypal on the other hand, their business model is shady. I have heard too many stories about them but never did I think this would happen. I have contacted paypal to try to get this resolve multiple times but each time I call them, they don't want to listen to my point of view. So, instead, I will let the court decide on this. I will NEVER do business with Paypal nor Ebay EVER. I have closed both my account as I now discovered that the both work together.
 

Gabeseg

New Contributor
Dec 11, 2010
21
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Walley,
Thank you so much about this link. Some great stuffs that i am learning about Pay pal. This will definitely come in handy in deed. Great stuff. I have closed my account with them as well as ebay; I have also filed a complaint with the BBB with them. I am fed up with their business practices. They need to be held accountable for their actions.
 

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