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Taking paypal to small claims

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Hello,

I'd like to take paypal to small claims for violating the purchase protection guarantee. I received a coat that was clearly not as described. It was supposed to be and extra small, but arrived with measurements that correspond to a large of that make and model. Paypal shut down my dispute and won't tell me why. I'd like to take this to a judge. I'm in NYC. Anyone know if it's possible?

Ben

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rated:
Dispute this with your credit card.

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unfortunately it was a direct draw on my checking account and the bank cannot file a dispute on it.

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Was your claim "not as described" or "not received"... if not received they may have closed it with proof of receipt

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Your court case is against the seller.

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Not as described. Seller advertised an extra small and sent me a large.

My case against paypal is that they violated the terms of their purchase protection.

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Seller is in Japan. Difficult to take him to court otherwise i would. I thought i would be safe with Paypal's purchase protection. Boy was I wrong...

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created FW account this month

bought a coat from somebody judgement proof (due to location)

used payment method that was idiotic (aka with no chargeback protection)

***TROLL ALERT***

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check the paypal terms for arbitration clauses that you agreed with when signing up, and who covers fees. if you find it's worth the fees to pursue it, please let us know how it goes.

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Have you tried calling in and speaking with somebody? Perhaps escalate the case to a manager/supervisor.

Are we talking about a $1000+ jacket here or something much less? Also, tell us the seller's name.

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ben93 said:   Hello,

I'd like to take paypal to small claims for violating the purchase protection guarantee. I received a coat that was clearly not as described. It was supposed to be and extra small, but arrived with measurements that correspond to a large of that make and model. Paypal shut down my dispute and won't tell me why. I'd like to take this to a judge. I'm in NYC. Anyone know if it's possible?

Ben

  Since when does PayPal have a purchase guarantee?

eBay does but OP didn't mention that.  I suspect it was purchased outside of the eBay guarantee.
 

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ben93 said:   Seller is in Japan. Difficult to take him to court otherwise i would. I thought i would be safe with Paypal's purchase protection. Boy was I wrong...
  
A Japan XL is equivalent to US small or perhaps medium. In Asia (Thailand), I wanted an XXL shirt, it ended up being 8XL over there. Special sizes for fat american tourists =)

Anyways, it sounds like the Japanese based seller legitimately sent you a Japan XL size, and you are unsatisfied because the seller didn't take into account the buyer's market. I'd say you are in the wrong, and it's up to the buyer to understand this if buying from overseas. A reasonable seller would offer a return with buyer covering shipping costs. 

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forbin4040 said:   Since when does PayPal have a purchase guarantee?https://www.paypal.com/us/webapps/mpp/paypal-safety-and-security

More details posted on this page (although you have to scroll down):
https://www.paypal.com/us/webapps/mpp/ua/useragreement-full

PayPal’s Purchase Protection Program

What's covered

When you buy something from a seller who accepts PayPal, you may be covered by PayPal’s Purchase Protection program. When applicable, PayPal’s Purchase Protection program entitles you to reimbursement for the full purchase price of the item plus the original shipping costs you paid, if any. When you dispute a transaction, PayPal determines, in its sole discretion, whether your claim qualifies for the Purchase Protection program. PayPal’s original determination is considered final, but you may be able to file an appeal of the decision with PayPal if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.

Important: You may be required to return the item to the seller or other party specified by PayPal as part of the settlement of your claim. PayPal’s Purchase Protection program does not entitle you to reimbursement for the return shipping costs that you may incur.

PayPal’s Purchase Protection program may apply when you encounter these specific problems with a transaction:
•You didn’t receive your item from a seller (referred to as an “Item Not Received” claim), or
You received an item, but the item isn’t what you ordered (referred to as a “Significantly Not as Described” claim).

If you believe that a transaction made through your PayPal account was not authorized by you, this type of claim is different from the Purchase Protection program, and is described below under Liability for Unauthorized Transactions and Other Errors.

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walletfart said:   check the paypal terms for arbitration clauses that you agreed with when signing up, and who covers fees. if you find it's worth the fees to pursue it, please let us know how it goes.
There probably is indeed an arbitration clause, but Paypal would have to raise it as a defense. Which means they would need to have a lawyer respond to the suit, etc. They may find that not to be worth it. So I don't see the harm in suing.

But OP, keep in mind that Paypal may very well close your account and ban you if you sue them. Is that worth it?

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I am going to guess that the OP used the "Send money to friends and family" option.

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how can one sue an out of state entity in small claims court anyhow? Do they need an in state physical presence?

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novocane said:   
ben93 said:   Seller is in Japan. Difficult to take him to court otherwise i would. I thought i would be safe with Paypal's purchase protection. Boy was I wrong...
  
A Japan XL is equivalent to US small or perhaps medium. In Asia (Thailand), I wanted an XXL shirt, it ended up being 8XL over there. Special sizes for fat american tourists =)

Anyways, it sounds like the Japanese based seller legitimately sent you a Japan XL size, and you are unsatisfied because the seller didn't take into account the buyer's market. I'd say you are in the wrong, and it's up to the buyer to understand this if buying from overseas. A reasonable seller would offer a return with buyer covering shipping costs. 

I came in here to post the differences in Asian sizes as well. Generally, they are about a two-size difference. An Asian extra large is an American medium is most cases.

However, if the buyer received a LARGER size than they ordered, that's a different issue.

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so lets see if the seller produced a picture that showed XL, but the buyer says 'its too small' that's buyer remorse instead of SNAD right?

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funnybone76 said:   how can one sue an out of state entity in small claims court anyhow? Do they need an in state physical presence?
  Do court clerks verify personal jurisdiction over the defendants?

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novocane said:   
ben93 said:   Seller is in Japan. Difficult to take him to court otherwise i would. I thought i would be safe with Paypal's purchase protection. Boy was I wrong...
  
A Japan XL is equivalent to US small or perhaps medium. In Asia (Thailand), I wanted an XXL shirt, it ended up being 8XL over there. Special sizes for fat american tourists =)

Anyways, it sounds like the Japanese based seller legitimately sent you a Japan XL size, and you are unsatisfied because the seller didn't take into account the buyer's market. I'd say you are in the wrong, and it's up to the buyer to understand this if buying from overseas. A reasonable seller would offer a return with buyer covering shipping costs. 

  No, OP is claiming the reverse happened. He expected an extra small, but got a large size instead. If they had sent an "Asian" Large, the OP would probably be better off as those are around the US "Small".

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