Debt questions from around the world, helping each other by giving and receiving advice on UK based debt.

Moderators: TalbotWoods, JaneClack

By shadowz767
#224569 hi,
to cut a long story short:

paypal decided to refund buyers even though i provided tracking information from royal mail that proved the items had been delivered i even sent them copies of the receipts.

so now i have a negative balance (which is actually for twice as much as what i sold, so don't know how that works), paypal didn't even give me any warning or a chance to resolve it (no email,letters or phonecall) before passing the debt onto iqor a debt collection service.

now iqor keep calling and sending letters demanding me to pay the debt.

i'd just like a few questions answered because i'm just getting confused.
1. i read somewhere that paypal are supposed to give you six months to contact the financial ombudsman to challenge the case but i was never informed of this
2. do iqor have the legal power to collect the debt?
3. iqor threatened me with 'sending someone round' to collect the debt but i thought debt collectors couldn't come to your home unless it had been taken to court?
4. if it went to court, can you arrange a re-payment scheme? or can u argue that you have no debt with them ( because i don't think i owe them a penny)
5. iqor demand the full amount and don't even accept monthly/weekly payments :s
6. surely if paypal truely thought i owed them the money they would have tried to sort it themselves instead of passing it on to a 3rd party straight away :|

its totally stressing me out as paypal won't even talk to me as iqor are now handling it, iqor don't even know what the debts for (which i find really weird) they just say its 'a paypal debt' and they don't talk to me they're just very aggressive :( please help
Last edited by shadowz767 on Mon Aug 02, 2010 4:51 pm, edited 1 time in total.
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By TalbotWoods
#224572 A couple of things come to mind here.

Why were the funds returned to the buyer.

Was it Paypal who refunded it or was it a credit card charge back (which Paypal have no control over)

Once this is known we will be better placed to help you with this.

Tim
By shadowz767
#224575 hi,
paypal refunded the buyer because the said they hadn't received their item even though i provided all the evidence that it had been posted and delivered :(
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By TalbotWoods
#224577 In which case you have the proofs, so you have a defence in court that should stand up.

If the debt has been assigned to Iqor, then yes they have the legal right to collect (either as a purchased debt or as a deb being collected on behalf of Paypal)

They can threaten to send a 'representative' to your home, but that person has absolutely zero rights of entry, you can ignore them and leave them on the doorstep if you wanted

If it went to court then you have a very good defence, as you have the proofs, You will need a copy of the signature which is available from the Post Office or couriers websites normally, along with all the correspondence between you and Paypal

All DCAs want full and immediate payment, don't know of any that get it though.

How a creditor deals with debt in up to the company, yes I would have thought Paypal would have dealt with it fist and then passed it on, but who knows!

Out of interest as you have the proofs of delivery and receipt, why are they still saying it was not delivered?

Tim
By shadowz767
#224584 i have no idea why the buyer keeps saying they don't have it :( i have tried emailing them with no response. when they opened the case with paypal they said i had sent them dodgy tracking information, so i scanned the receipt and sent them a copy but they still insisted to paypal that they hadn't received it. i even have a letter from royal mail stating that the item was delivered to the address given to me. obviously royal mail cannot give me compensation as it was delivered.

from reading on other forums i have noticed that this happens all the time with paypal, even if you provide evidence that it was posted and delivered they still find in favour of the buyer. its a sort of scam people are doing now.

my friend told me that i can take the buyer to small claims court as i have all the evidence but i am not sure how to go about doing that
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By TalbotWoods
#224586 The reason it happens is unfortunately becoming more and more common place, some scam Ebayers are sending empty envelopes by recorded delivery, and then saying the buyer has received the goods, when they have not.

You can take the buyer to Small Claims and obtain a CCJ, but that in itself is no guarantee that you will get the money back.

What needs to happen here is that Iqor needs to push this into the courts, as at District Courts the balance of probability is on you side. This would completely block any further action.

You have two issues here, you are going to be out of pocket as you are not going to get paid (possibly even not with a CCJ) and you need to defend against Iqor.

You wonder why peoples faith in Ebay has seriously dropped!!