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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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PayPal have permanently limited my account and cannot therefore

Resolved Question:

PayPal have permanently limited my account and cannot therefore close the account which contains all my bank and card details!
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Its bad news I am afraid.

Alex Watts :

As I recall Paypal are based I think in Switzerland.

Alex Watts :

That means as you rightly say the Data Protection Act does not apply.

Alex Watts :

Therefore sadly the Information Commissioner or the UK Courts can make an Order but it will not be recognised.

Alex Watts :

However you should ask yourself, what will Paypal do with this information?

Alex Watts :

In reality nothing.

Alex Watts :

They can not take money from your account, they can only hold the details - they can't actually do anything with it.

Alex Watts :

But sadly as they are based abroad there is simply nothing you can do.

Alex Watts :

I am sorry that this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

You have rated POOR SERVICE but I have given you the legal answer?

Customer:

nothing I don't already know!

Alex Watts :

But that doesn't mean the answer is not legally correct.

Alex Watts :

I can not tell you something which does not exist.

Alex Watts :

Your ONLY choice is to sue Paypal in the Country they are based in.

Alex Watts :

Or you can take it to the Ombudman.

Alex Watts :

http://ec.europa.eu/consumers/ecc/index_en.htm

Alex Watts :

This is: ECC-Net, Financial Ombudsman Service and CSSF

Alex Watts :

Or you could take it to the Financial Ombudsman/

Alex Watts :

As they are offering services in the UK then the Ombudsman may have jurisdiction to which they accept.

Alex Watts :

Finally Commission de Surveillance du Secteur Financier

Alex Watts :

http://www.cssf.lu/

Alex Watts :

These are the options you can take.

Alex Watts :

You can't go to the Information Commissioner because the DPA is UK only.

Alex Watts :

Its an outside chance, but one of the above 3 options may work.

Alex Watts :

They are based in Luxembourg. I have checked.

Customer:

I have just sent an email to the Luxembourg information commission and await their reply!

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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