Question


Hannah M

Law surrounding payment issues with Paypal?

I have experienced problems recently with an ebay user and paypal. The ebay user bought an item from me which he stated he wasnt happy with. I told him to return the goods and I would refund his money. The goods were never returned so I was of the understanding he had kept the product. I have since checked my paypal account which showed that I was approx £50.00 in arrears. When i contacted them, asking why this was so, they informed me that they sent me an email (to account I only check once in a blue moon!) they apparently told me that if I didnt respond within 10 days, they would automatically assuume I was happy for them to refund the customer (Even though he never returned the jeans!) My question is are they legally allowed to act in suh a way? I am well aware that under construction contract law, a company CANNOT use a statement such as "Should we not hear back from you within 10 days, you will be deemed to have accpted these conditions" Acceptance must be in writing or acceptance by conduct. Can anyone tell me if this principle applies to the situation I find myself in?? Sorry for the essay and many thanks Ben

2 months ago - 3 answers

Best Answer

Chosen by Asker

When you opened the account, you probably agreed, at that time, that if they contacted you at the e-mail address that you gave them, then they could issue a refund if you did not respond within 10 days. Even if the statement that they later made, repeating the original agreement, cannot be used against you, the original agreement could be.

by StephenWeinstein

2 months ago

Asker's Rating: 

Other Answers

UNFORTUNALLY YOU GOT THE BIG ONE UP THE ARSE LIKE MILLIONS OF OTHER EVILBAY PAYPAL USERS..... THEY DO WHAT THEY WANT AND UNLESS YOU TAKE THEM TO SMALL CLAIMS COURT YOU DONT HAVE A HOPE OF GETTING ANY MONEY BACK

by Hello Charlee- 2 months ago

This particular situation is in their terms of service, and is legal. They give you the opportunity to prove delivery to the purchaser and tell them of your refund terms. The purchaser must then prove return of the goods to you or they will not get the refund. They do have to put a time limit on getting a response from you because the issue can not hang indefinitely. I'm afraid in this situation you will not be successful in getting your money back. But now you know what you need to do to protect yourself in the future. I don't know if they will/can do anything, but maybe dropping a note to eBay will cause them to look into this as well (even if they are all one big happy family with PayPal). You might be able to squeeze an unpaid item strike against the lowlife out of them, maybe not.

by OldJimmy- 2 months ago