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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Hi I took money of a credit card on my virtual terminal on

Customer Question

Hi I took money of a credit card on my virtual terminal on my paypal account, the money arrived into my account and I transferred it out to my bank account.
I was a little uneasy of this transaction which was over £2000.00 and called paypal for further verification and was told that if the terminal accepted the card there was no reason to suspect any fraudulent transaction was taking place and that their were no further checks could be made.
to cut a long story short I took nearly£40.000 on credit cards from 2 people for goods and transferred back about half to pay for shipping etc.
Now paypal have instigated a charge back for this money and some of the goods have been pick up and the rest are coming to the end of their shelf life and are therefore useless.
My point is that paypal do not want to take any responsibility for informing me that their were no further checks and I think that the responsibility lies with them.
your thoughts please
Regards XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

On what basis is there a chargeback?

Is the user saying that they did not authorise the charge?
Customer: replied 3 years ago.


Basis of chargeback is the buyer claims the purchase was made without their authorisation to use the credit card.


however we have had no correspondence from the customer to state that they were instigating a chargeback,


 

Expert:  UK-Justice replied 3 years ago.
Thanks. This looks like an authorised charge.

Ok - do you have their name and address (I assume so)?
Customer: replied 3 years ago.

yes but it is in Bankok and we cannot verify the trading address,


it all seems now to be fraudulent but do paypal have a responsibility as they verified the payment on their terminal and would carryout no further checks

Expert:  UK-Justice replied 3 years ago.
Oh I see.

The problem you have is this - Paypal exclude any liability in their terms and conditions and they are not based in the UK.

This means that because they are based in a non EU country you would have to sue Paypal there.

This is going to be difficult and very expensive.

But I have had this problem with Paypal before and I can say is that they exclude any liability.

I am sorry to say you have no protection for Paypal in the UK.

I agree, morally you have a claim and in law you do, but you would have to sue in Switzerland.

I am sorry if this is not the answer you are looking for but based on what you have said and where Paypal are based, this is the legal position.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for this


however because paypal would not follow up my suspicions and do any further checks on the cards do they have any responsibility for their inactions

Customer: replied 3 years ago.

 


Thank you for this


however because paypal would not follow up my suspicions and do any further checks on the cards do they have any responsibility for their inactions


Expert:  UK-Justice replied 3 years ago.
They do - but they are based in Switzerland and not the UK.

This means you would have to sue there.........



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

thank you


at present my account is in a negative balance of £30.000 do you think they will listen to my case and want to come to some agreement or do you think they will sue me and if so how would a court of law look at this case

Expert:  UK-Justice replied 3 years ago.
Yes you can try.

But they are very difficult to deal with.

A Court would look at this favourably if this was dealt with in the UK.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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