on an item coming in to Canada worth that much, the buyer would have had to pay a significant amount of duty to Canada Customs...I wonder if they have claimed that back from them with some sort of 'proof' that the item was destroyed...I really don't see Paypal's 'affadavit' standing up with Canada Customs...wonder if there is some way it could be pursued that way???? just a thought...
WARNING, Paypal just made me lose $20 THOUSAND dollars from a scamming buyer
- Thread starter kristie
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Just spoke with one of my pre paid legal attorneys.
He said if I did file suit against PP it could only be for a matter of contract. He said his concern is that this buyer was aware of a PP loophole that leaves me hanging out to dry regardless of how wrong it is.
I have to fax him all of my info I have, he will review it and refer me to an attorney in my area. I will have to pay full legal fees as none of them work pro bono.
I am very worried.
PP contract as Cobalt posted, DOES say pp can destroy the item. However, I would think a good atty would find another loophole regarding SELLER evidence provided..... Or SOMETHING. I mean, PP cannot just DO this!
He said if I did file suit against PP it could only be for a matter of contract. He said his concern is that this buyer was aware of a PP loophole that leaves me hanging out to dry regardless of how wrong it is.
I have to fax him all of my info I have, he will review it and refer me to an attorney in my area. I will have to pay full legal fees as none of them work pro bono.
I am very worried.
PP contract as Cobalt posted, DOES say pp can destroy the item. However, I would think a good atty would find another loophole regarding SELLER evidence provided..... Or SOMETHING. I mean, PP cannot just DO this!
OP I am so terribly sorry and I really hope this works out in your favor. An absolute horror story, makes me sick reading about it 
I am seriously reconsidering removing my info with PP esp. after reading that interesting post from the former employee. So scary.
Hope all works out well, I will keep following this thread
I am seriously reconsidering removing my info with PP esp. after reading that interesting post from the former employee. So scary.
Hope all works out well, I will keep following this thread
Just read through, keep up the good effort, I know it seems daunting that you have to jump through all these hoops when you thought you were protecting yourself as best possible. I do hope for a positive outcome for you, and hope that the support from your law staff gets you a bit closer to real closure for this nightmare you've found yourself in (and unwarranted too!).
I think whatever the chances of winning the suit, you should still file because PP will be more apt to settle with you. Filing still means they have to expend money and labour to respond to the filing and they'd rather not do that.
^yes, I agree you should file.. ruffle their feathers a little bit... contact anybody
and everybody you can.. bloggers, newspapers, magazines... just put it out
there for people to read and know what pp does...you may be very surprised
as to who may come to your defense in this particular situation....
and everybody you can.. bloggers, newspapers, magazines... just put it out
there for people to read and know what pp does...you may be very surprised
as to who may come to your defense in this particular situation....
Kristie, sorry this has happened to you. I have had issues with Paypal and no longer use them. I have saved alot of money not purchasing, but I also can't sell because most people only use Paypal.
I really hope it works out for you - I understand your frustration and anger and wish I could do something to help you out.
I really hope it works out for you - I understand your frustration and anger and wish I could do something to help you out.
Legal fees on top of what you've already lost kinda sucks
Can your attorney check to see if there are any class action lawsuits against PayPal that you can join instead? Might make things easier on you, financially and support-wise. PayPal cant continue to get away with this... if there isnt' already a class action, then I hope people start to push for one.
LMFAO. Paypal is truly ridiculous. They can't risk a chargeback, but they can risk you suing them? If you win they'll be out not only your $11k, but also their attorneys' fees and possibly your attorneys' fees. Not to mention the bad publicity. How shortsighted. I guess they're counting on you not to sue--quite a stupid assumption given that they stole a whopping $11k from you.
I would second other posters' recommendations that you take your story to the media. That might frighten and/or shame Paypal into giving back the money they stole from you, and you won't have to resort to the headache and expense of a lawsuit.
Jane - we dont pay duty on items made in the USA. And I'm not sure if duty is paid on used merchandise. I'm guessing all this idiot had to pay for was GST, so around $550. Since they got to keep a $11k bag, I'm sure they didn't bother going through the hassle of trying to proof to Canada Customs that the bag was destroyed so they could get the $550 back.
Oh, I beg to differ. It may well be that having hopelessly idiotic and one-sided "claims resolution" processes are a cost of doing business, but it is PP's cost and not yours. If they choose to accept the word of a buyer in the face of a documented dispute re: authenticity on a $11,000 bag, then they bear the risk for a mistake. And guess what, in this instance, they made a mistake. They knew that authenticity was disputed but instead of having the bag returned to them, they supposedly ordered it destroyed. Next time maybe they will be more careful. If eBay claims that they are not qualified to determine authenticity even when they have listings with photos on their site, how can PP be qualified to determine authenticity based on a one-sided document presented by a party to a dispute.
This is completely assinine!!
OP, I know that you must be beside yourself, but I would like to put in a word of caution. You will likely have one shot at a communication with PP so it should be written or at miniimum reviewed by an attorney before it goes. You want to include everything in it and you need the proper tone. You also need to handle threats just so and be correct on the law or they will end up laughing at you and dismissing you! I still recommend Small Claims - you can do it in Santa Clara County easily - the forms and info are available online. It is made for lay people to do - you won't incur legal fees. In addition, PP won't be able to send a lawyer to argue against you. I am happy to provide you with any help/info that I can - feel free to PM me. Yes, I am a Calif. atty and have been for more years than I care to think!!
I agree with small claims as being the best route, but is 11k (or even 9k) too much for small claims? I think it might be.
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