Paypal Rules Vs The Law?

Question

I am currently in a legal battle at the moment with Paypal, as they limited my account for three weeks due to a debt in an account which is linked to mine. They have since released the funds, however I had already started the legal case and paid for the courts etc... I spoke to the courts who advised me with taking Paypal to court to claim loss of earnings, punitive charges and also to claim back the court fee's.
I feel that Paypal was holding my money and myself as ransom and they were also using Blackmail tactics, which is initially why i wanted to take them to court.
I am just curious to know now, what would stand higher, Paypal's terms and conditions or the law?
Paypal are sending me loads of jargon from their executive office saying that they were within their rules, but this is still blackmail, which is illegal.
Where do i stand?

Answer 1

If the law and the contract are in conflict, the law will triumph. In other words, you can't take out a contract to have someone killed, then sue the hired killer for damages when he fails, because the contract itself has no legal standing. However, in this particular situation, it may be that what they have done isn't strictly illegal. For example, if a debt collection agency calls you every day to try to collect from you, that's not harrassment, it's part and parcel of you taking the loan in the first place.

Also, you need to know the specific laws wherever the case will be adjudicated.

But most important is this--Paypal will hire or already has a very highly paid legal team. You will need a similarly competent lawyer who can do this with you--you will never have any chance of success pursuing this on your own. The law is extremely complicated, and it's not just a matter of you reading the contract and the law and trying to figure out what they "mean"--it's also a matter of knowing legal precedent and methods of interpretation.

Answer 2

You most likely stand right in the middle of Paypal's "Terms and Use Agreement" Its that little box that you checked but didnt actually read. I dont know too many people that do read it. But, it is a legal binding document and you "signed" it. So you're going to end up takng the hit on this one.

Answer 3

I dealt with PayPal once. That was enough for me. I had to cancel a credit card and refuse to pay a statement to get rid of PayPal/Ebay.
I won't do business with either, again. It is not worth the aggravation.
Suing them will be an exercise in futility. They have way more money than you, for legal expenses.

Answer 4

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Answer 5

Of course the law will trump PayPal's rules. You need to be certain that you are correct on the points of law however. I am sure there are others out there that have sued PayPal. You should search the blogs for info.

Answer 6

If you recall, when you signed up to use Paypal, there is a user agreement clause you have to agree to to continuw with your registration. If you did like most people, you just clicked the 'i agree' box without reading all the legal mumbo jumbo. When you clicked the 'i agree' it is like signing a contract. I would review the original agreement with my attorney before I proceded any further.

Answer 7

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go there and read