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Is PayPal Illegally Witholding OUR Money?

PayPal's complete money-grab and retention of our funds is NOT legal. Hear me out:


 


If you sell an item, deliver it as promised, the buyer loves it and leaves positive feedback with no intent of asking for a refund, isn't that PayPal's definition of a "good completed sale"? Then, how does PayPal...illegally, imho...get to hold onto the rather large sums of money in many accounts and, if they do release any of it, they do so at a rate of only $500 per month..not the entire sizeable amount?


 


 


My business partner and I have actually hired a lawfirm to research the issue and (possibly) sue PayPal for fraud, illegal witholding of funds and...here's the really important one..."conversion". Google that one if you don't understand the law. Apparently, according to our attorney's research, banking laws prevent such a situation from occuring in the first place.


 


Anyone else have any thoughts on this (I mean, other than "it's their company and they can do what they want"). Apparently...they are breaking the law and need to be challenged in court. I'll let you know if/when that might occur.

Doing My Part Daily To Piss Off The Right Wing
Message 1 of 104
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Is PayPal Illegally Witholding OUR Money?

Uh... Once again you are wrong.



Once again you are trying to create trouble with a non-issue.



OH!  The real legal issue is that you AGREED to PayPal's terms when you signed-up.


If you didn't you should go elsewhere.


You don't have a Right to use PayPal or eBay.


This is a business, and you use it according to it's rules.



If you don't like it, Go Away... Please!

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New Toy: 1996 Adamas 1881 ;  photo d3c27a4e-2de6-48e4-8a38-73242748826d_zpsbb3k8gvk.jpg
Message 16 of 104
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Is PayPal Illegally Witholding OUR Money?

kali-the-pup
Thrill-Seeker


 Hey, hondamedic. I appreciate your comments and I understand them.  But... My attorneys are exploring going after PayPal based on the legal theory of "conversion, a tort. Here is LexLaw's definition of "conversion". I believe it meets the definition of what PayPal is doing; see if you, or anyone else, agrees.


------------------------------------------------------


"CONVERSION"

 


TORT: It is the unlawful turning or applying the personal goods of another to the use of the taker, or of some other person than the owner; or the unlawful destroying or altering their nature.


 


When a party takes away or wrongfully assumes the right to goods which belong to another, it will in general be sufficient evidence of a conversion but when the original taking was lawful, as when the party found the goods, and the detention only is illegal, it is absolutely necessary to make a demand of the goods, and there must be a refusal to deliver them before the conversion will be complete.


 


The tortious taking of property is, of itself, a conversion and any intermeddling with it, or any exercise of dominion over it, subversive of the dominion of the owner or the nature of the bailment if it be bailed, is evidence of a conversion."


--------------------------------------------------------------------------------------


 


So, in other words, PayPal has committed a tortious offense in that they have committed conversion, which is illegal, and, for which they may be sued.


 


Res ipso loquitor...the thing speaks for itself.


 


Thanks for the response...


 


TRG


 


 


Although, you have correctly copied the definition of Conversion as applied to Tort, you have missed the basis upon which Tort is applicable. A tort, in common law jurisdictions, is a wrong that involves a breach of Civil Duty, other than a contractual duty, owed to someone else.


Everyone who holds an account with PayPal affirmed their User Agreement, therefore, a contract is in place between Paypal and the end user.


PayPal, like eBay, can be easily understood and used to one's benefit, if they take the time to read and understand the Policies. PayPal offers several Account Levels and Services that are well worth investigating. Once you have done your homework, choose the Account level that best suits your needs.


 


Message 17 of 104
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Is PayPal Illegally Witholding OUR Money?

kali-the-pup
Thrill-Seeker


komokwa wrote: "...The thing speaks for itself. I think that pretty much sums up the OP."


 


Ya know, everybody else who has posted here has been informative, instructive, courteous and helpful. You, on the other hand, posted the way you always do: like the proverbial t*rd in the punchbowl. :^O


   



 


If the truth be known, Komo said the same thing the rest of us did...


he just used allot less words.


 


OMA is correct. TRG, you seem to enjoy posting misinformation and unfounded comments meant to cause an issue. Not sure why you find it so amusing.

Message 18 of 104
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Is PayPal Illegally Witholding OUR Money?


komokwa wrote: "...The thing speaks for itself. I think that pretty much sums up the OP."


 


Ya know, everybody else who has posted here has been informative, instructive, courteous and helpful. You, on the other hand, posted the way you always do: like the proverbial t*rd in the punchbowl. :^O


 


 


 


 



 


Yah , well, that's them and this is me.


 


It seems I've garnered a reputation on this board for not pulling my punches, even when everyone's always telling me to play nice.


 


I wonder what those same folks think about you calling me a turd !


 


I'll put that one in my bag of tricks for later.X-(


 


For now I'll just echo Honda and say if you really did hire a law firm , and they're any good, then they should have come to the same conclusions as EVERYBODY who's posted here already has.


If not, then they're having fun with your money and I hope your bill runs into 5 figures , before they tell you it's a waste of time.


 


Oh , & calling me names , any shock jock could do better than that.


Like water off the back of a duck, your insults don't even ruffle my feathers.



Who will save the river valley , that's my drinking water.! "Moxy Fruvous"
Message 19 of 104
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Is PayPal Illegally Witholding OUR Money?

@old_man_arthur, who wrote:


"...Uh... Once again you are wrong. Once again you are trying to create trouble with a non-issue.


 OH!  The real legal issue is that you AGREED to PayPal's terms when you signed-up.


If you didn't you should go elsewhere.


You don't have a Right to use PayPal or eBay.


This is a business, and you use it according to it's rules.


 If you don't like it, Go Away... Please!"


 


Poor, old, ganja-smoke-infused Arthur, sliding from inanity to senility! PayPal changed the rules of the game AFTER I signed up. I never agreed to having my funds held until they decided I could have my own money, therefore, the terms are NEW and I didn't agree to them. That's my complaint.


 


If you don't like my posts, then, please...stop reading them and then subsequently posting an ad hominem attack in reply. You and two other of your ilk have really become quite tiresome and I wish you would go and pester someone else for awhile. Cretin.

Doing My Part Daily To Piss Off The Right Wing
Message 20 of 104
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Is PayPal Illegally Witholding OUR Money?

@komokwa:


 


Your rep among most people here (who have e-mailed me with a comment or two) is that your entire raison d'etre for being on these boards is to be antagonistic, confrontational, rude and snide.


 


So, how about moving along to post your sickness on someone else's thread? It'll save your psyche from any other perceived "insults" that might ensue.

Doing My Part Daily To Piss Off The Right Wing
Message 21 of 104
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Is PayPal Illegally Witholding OUR Money?

All right TRG, now you've crossed two regulars here. Please calm down. Remember, you're mad at PayPal, not us.


 


And that artist known as OMA is right.


 


By clicking "I Agree", "I Accept"; or by submitting payment information through the Service you agree to the terms and conditions of this Agreement, the PayPal Privacy Policy, and any documents incorporated by reference. You further agree that this User Agreement forms a legally binding contract between you and PayPal, and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. Any rights not expressly granted herein are reserved by PayPal, Inc. This Agreement is subject to change by PayPal without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the PayPal website.


 


If you would like further help from me, and I do have more, please calm down.

The definition of insanity is doing the same thing over and over again and expecting a different result.
Message 22 of 104
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Is PayPal Illegally Witholding OUR Money?

 I agree with OP & have wondered why more people haven't challenged PP.


 


 I also believe that by most definitions, PP is  in fact a bank and they take more & more steps all the time to go further in that direction. At some point in the future they may be regulated as a wrist slapping gesture.


 


 

Message 23 of 104
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Is PayPal Illegally Witholding OUR Money?

Morning BV.


 


Many have. Back in June 2010 OMA posted about a class action suit that went nowhere... If TRG calms down I'll chase it down for him. I have read many posts with claims of class action suits against this policy since it's inception in '08 (BG, how many have you seen at the Feedie Forum alone?). Even if the very first one was carried to completion we haven't seen any change have we? If anything it's gotten worse.


 


I think TRG's cause noble and I'll support him as best I can. But I think it fruitless and a waste of time.


 


 

The definition of insanity is doing the same thing over and over again and expecting a different result.
Message 24 of 104
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Is PayPal Illegally Witholding OUR Money?

http://blog.nigelgibbons.com/2010/12/16/paypal-a-standard-bearer-for-the-class-of-out-of-control-onl...


 


And although what they do is still not 'illegal' it should be. Most monopolies get wallopped at some point by the gov. Unfortunatly our gov. is kinda preoccupied with keeping it's own head above water.

Message 25 of 104
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Is PayPal Illegally Witholding OUR Money?

No argument this policy problematic and disliked by everyone. But as stated many times PayPal is a money transfer firm and needs to protect itself. If you deposit your sisters check into your bank account the funds aren't available for up to ten days, no?


 


The problem I have is when long time continuous use subscribers with a perfect track record are slapped with holds. It's like having a 10 year perfect 850 credit score with all three credit reporters and you can't get a loan on a used car.

The definition of insanity is doing the same thing over and over again and expecting a different result.
Message 26 of 104
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Is PayPal Illegally Witholding OUR Money?

OP, of course you are welcome to come and post your views and opinions...some may agree and some may not.


 


However, for those who do not agree...name calling isn't necessary.


 


Komo is not a turd and he has contributed great amounts of info and help to this board over the years.


 


OMA is not a cretin...he helps keep this board in check...even if he is just offering some cheese with our occasional whine.


 


Both of these posters are respected long time members of this board and I don't imagine too many folks here will take kindly to your insults.


 


Personally, my funds have never been held, so this is not a big deal to me. However, I can see a hold being a big deal to those who don't have access to their money.


 


Frankly, I think a hold may be needed for some sellers who have a track record of not providing the best merchandise or service or for brand new sellers.


 


However, I don't think that a 10 year member who has sold thousands of items should have funds held just because they didn't sell as much this year.


 


If you want to be mad about something...be mad about all the taxes that were held out of your paycheck for the IRS even though they aren't due until the following year. I think that probably amounts to alot more money being used interest free.

Message 27 of 104
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Is PayPal Illegally Witholding OUR Money?

talkradio


Just because you layed down an OP , doesn't make the thread yours.


My lord , what an ego !


 


and as for any members emailing you off the board......


I'm glad to hear that you have a support group.


 


i'm sure they're cut from the same cloth.


 


it must warm your cold heart to know that there are others here who condone , nay , enjoy you calling me childish names.


 


A pox on them & you !



Who will save the river valley , that's my drinking water.! "Moxy Fruvous"
Message 28 of 104
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Is PayPal Illegally Witholding OUR Money?

trg, you might want to try paying attention to the other posters instead of becoming combative.  You will learn something if you do. 


********************************************************************************

The fragrance always remains in the hand that gives the rose.

For the sake of others, please learn CPR. You could save a life.


Message 29 of 104
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Is PayPal Illegally Witholding OUR Money?


All right TRG, now you've crossed two regulars here. Please calm down. Remember, you're mad at PayPal, not us.




Uh... I don't think so, Honda.



TRG is not mad at anybody....



TRG's real motive is to try to prove that he is smarter than everybody else.



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New Toy: 1996 Adamas 1881 ;  photo d3c27a4e-2de6-48e4-8a38-73242748826d_zpsbb3k8gvk.jpg
Message 30 of 104
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