WARNING, Paypal just made me lose $20 THOUSAND dollars from a scamming buyer

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OP, first call the Cali AG. Then do this:

Here is what I would write to PayPal:

At their corporate address:

Attention: Gary Marino, Senior Vice President of Credit Products and Risk; John D. Muller, Vice President of Legal, General Counsel; Leonard Shen, Chief Compliance Officer

Dear Sirs:

I am writing to notify you of my intent to initiate legal action regarding destruction of my property on or around [date]. I was contesting a decision by PayPal that my Hermes Birkin bag was counterfeit. PayPal has allowed a scammer to steal $11,000 from me and has illegally given permission for the scammer to destroy my property. As I have attempted to remediate the situation through lower channels, I have been told "Paypal always takes the buyer's word" and "Your loss is the cost of doing business."

This is unacceptable.

It is therefore my position that:

1) PayPal has caused the destruction of my property.
2) PayPal is disinterested in seller protection.
3) PayPal is disinterested in ever truly settling a dispute related to counterfeit items because the buyer is always right. I was told "PayPal does not take Seller evidence into account."
4) It is illegal for PayPal to order the destruction of property that does not belong to them.
5)It is at best unethical and probably illegal for PayPal to order the destruction of property by the party opening the dispute.
6) It is poor business practice to only examine evidence from one side of a dispute.

I expect reimbursement for my property at the purchase price. I am providing 30 days for PayPal senior leadership/risk management to respond, and then I will file a lawsuit in Santa Clara County. I have already complained to the California Attorney General.

Sincerely,

OP
OP Contact info

be sure to add in here about the official, legal, document from Hermes that proves the bag to be real, you submitted that as your evidence, and it wasn't taken into account. They knowingly destroyed property that was legally deemed to be authentic.
 
According to the supervisor, they said they only need one piece of paper from a "verifiable" source that the bag is not authentic. They would not even LISTEN to me when I explained she could have submitted a fake bag!

He just kept repeating that they only could go by what the buyer submitted......they just won't LISTEN to anything!


Oh dear, I'm so sorry. :sad:
 
Just a little tinkering....

I expect reimbursement for my property at the price agreed to by the Buyer in the dispute. I am providing 30 days for PayPal senior leadership/risk management to refund my money. In the absence of this resolution, I will file a lawsuit in Santa Clara County. I have already complained to the California Attorney General.

And I agree with the PP about stating you have substantial legal evidence that the bag was authentic.
 
I don't really think that's true. All you need to say is that it is PayPal policy not to release last names, as long as you have the time and date of the call and a first name, it's possible to find out who they are.

Don't listen to receptionists. They're not the lawyers.


agree here.. get a first name if they have a contact extension

get that as well... personally, feel that they are going to give you

the run around to discourage you from going further.. every phone

call seems like a dead end.. they are not giving any pertinent info..

they now need to wear you down so that you won't be making any

more phone calls.. just speak with an attorney see what your options

are and be as encouraged & diligent as you can be.. wouldn't it be

interesting if a major newspaper in Ca could cover this paypal

mess...
 
^well, there is nothing wrong with a newpaper... she's looking for

EXPOSURE..however, she gets it, she should get it... it could peak someone's

interest to go further... you never know who comes out of the woodwork to help!!!
 
To all the lawyers here...a curious question for you. Whose law rules in this case? Where OP is from? Where the "buyer" (thief, more like it) is from? US vs Canada? Or does it matter? Laws surrounding spoiling of personal property, destruction of inauthentic items, is this international law or something? Is this some sort of law, the ability to destroy something that deemed inauthentic?

this is a jurisdiction question that is iffy...jurisdiction would be where the transaction occurred or the place where the plaintiff resides....however since this is an electronic transaction, i'm not sure how jurisdiction works...any other lawyers know?

in my opinion, since PP authorized her to destroy the evidence and deemed her letter of disproving the item's authenticity valid, they are the ones who should be sued for not having a valid system in place and just taking a signed document from the buyer which states that the item is unauthentic. they need to have someone on their end who is responsible for signing off on these things. KWIM? an actual person needs to be held accountable by going through checks and balances, i.e. evidence!

sue PP for bad business practices! this is your best bet since suing the buyer is going to be a lot of $$$. plus if you win, then it would make PP change their rules/user agreement! oh and you may be able to get other damages on top of just restoration...
 
Just a little tinkering....

I expect reimbursement for my property at the price agreed to by the Buyer in the dispute. I am providing 30 days for PayPal senior leadership/risk management to refund my money. In the absence of this resolution, I will file a lawsuit in Santa Clara County. I have already complained to the California Attorney General.

I don't know if this is strictly for Paypal's convenience, but while poking around on that Paypalsucks website, I found this tidbit:

A Federal Court had already found that their User Agreement was unconscionable under California law. Referring to the provisions of the User Agreement the court said ". . .these provisions made the User Agreement unconscionable, and appear to represent an attempt by PayPal to insulate itself contractually from any meaningful challenge to its alleged practices."

Was posted by a guy who sued them in an LA small calims court, and won (even thought it was for only $150) Maybe there is hope?

Read article here:

http://www.paypalsucks.com/SuePayPal-1.shtml
 
...and maybe why they suggest you file in Santa Clara county is because they have all those judges in their back pocket. Just a thought.

The attorneys can weigh in on this but it's the county you are in and where you do business that has jurisdiction. They must have some other operations in Omaha. You can get a venue change, though, if you go to trial.
 
Just a little tinkering....

I expect reimbursement for my property at the price agreed to by the Buyer in the dispute. I am providing 30 days for PayPal senior leadership/risk management to refund my money. In the absence of this resolution, I will file a lawsuit in Santa Clara County. I have already complained to the California Attorney General.

And I agree with the PP about stating you have substantial legal evidence that the bag was authentic.
Do you think I should write anything about going public with what they have done? I mean, it would be a shock to the senses of most people if they saw it on a blog or the consumerist, etc.
 
OP, I know you said you've been all over the paypalsucks site, but I want to bring this to your attention as well as to HarperCassidy's:

http://paypalsucks.com/PayPalFormerEmployee1.shtml

It answers a lot of our questions. About why being a good customer means nothing. And also addresses what we have suspected about dishonest employees. It's why I will NEVER give them my SSN if they ever require me to confirm my identity. They can't legally ask for it (they are not a banking institution). I would instead close my PP account.
 
The attorneys can weigh in on this but it's the county you are in and where you do business that has jurisdiction. They must have some other operations in Omaha. You can get a venue change, though, if you go to trial.
I am "lucky" in one regard.......I live 45-60 minutes away from Paypal corporate in Santa Clara County.

I want to show up at their office but I would probably have to be escorted out by security, LOL.
 
^well, there is nothing wrong with a newpaper... she's looking for

EXPOSURE..however, she gets it, she should get it... it could peak someone's

interest to go further... you never know who comes out of the woodwork to help!!!

Agreed.

However, the bloggers are much more immediate and definitely drive more social pressure than newspapers do these days. That was my only point. More is obviously better.
 
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