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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have an issue with Paypal online. I sold an item, the buyer

Customer Question

I have an issue with Paypal online. I sold an item, the buyer paid via Paypal, it was authorsied by Paypal. I withdrew the money from my paypal account to my bank account. The item was collected, and was dealt with via contact numbers / adresses sent via communication through paypal. 28 days later the buyer claimed an unathorised use of their paypal account - and I was given 7 days to prove I had isued the goods. Paypal ruled in favour of the buyer - and debited my paypal acount by £540. They are constantly now saying I have to clear my negative balance - and I have reported the issue to police online and have a crime number, and have sent all the details to the police. Paypal are constantly phoning me now despite telling them the police are reviewing - and have now threateded with people coming around my house to collect the money. My question is a) Are Paypal legally allowed to send baliffs around to collect an oustanding balance (despite a fraud being comited by someone), and b) do I have to pay them now whilst the crime is being investigated, or, can they take me to court to clear the balance ? Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was the buyer in the uk please?
JACUSTOMER-61lcjs5q- :

Yes, I gave a registered `ebay account` address and phone number records made by the `buyer` with my evidence to police. Contact was made to the buyer to arrange collection via the phone number on the account - displayed on their ebay page next to their home address.

Alex Watts :

a) Are Paypal legally allowed to send baliffs around to collect an oustanding balance (despite a fraud being comited by someone), and - no. Paypal need a Court Judgment against you. I assume they have not issued proceedings? If they have then you can defend them, but without Court proceedings Paypal can NOT send in bailiffs.

Alex Watts :

b) do I have to pay them now whilst the crime is being investigated, or, can they take me to court to clear the balance ? - they can demand payment yes.Technically until the debt is written off then you do owe it. But whether you pay is a matter for you

Alex Watts :

You could also issue proceedings for the debt against the buyer.

Alex Watts :

You could do this online at: www.moneyclaim.gov.uk

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

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