I apologize in advance, but it looks like it's my turn for social media big tech support.
I had a situation where OVH abused a PayPal authorization to charge me 1200€ for a "private cloud" credit I never asked. OVH refuses to refund me changing the reason for it every time, but well, that's another topic.
I filed a PayPal dispute, I added exchanges with OVH as evidence, where they constantly insist on me having this "credit" still available for me to use, and my insisting on not wanting it for any purpose (the 12€ I added were enough for my test) and not having ordered it.
Finally, PayPal ruled in favor of OVH claiming that I "never provided documentation to prove this credit".
Not only I did (OVH messages), but nobody asked me for evidence at any point: I could have provided extra information/screenshots where it is shown. I am positive OVH was requested multiple times for documentation to support their claims, but that was never the case for me, not sure if that's normal.
Now I'm stuck with an absurd amount of credit on a cloud service I have no use for (and worse, it expires in a year), and apparently there's no UI option for me to contest this PayPal ruling. Phoning them I found no option to talk to a person.
Other than lawyering up and contacting consumer protection organisations, what else is there to do? Anyone at PayPal can give me a hint?
Thanks in advance.
The terms you agreed to states claims can be settled with arbitration. Opening a claim will cost a couple hundred dollars and will move them to action immediately.
Here is a great thread how this worked out for another person on HN.
I filed an arbitration using a service called FairShake (https://fairshake.com/), and finally they decided to settle with me. They said they will give me my money, but I can no longer use any of their services including Venmo. I agreed and took the money.
Happy to answer any questions regarding my experience, feel free to telegram me @tdpae
Went to paypal. Attached death threats from company.
Paypal sided with the company.
I know we submitted evidence that a car we rented was a minorly damaged vehicle (it was marked on the sheet during the checkout) and then tried to bill us for the repair after taking the car back. We submitted pictures of the damaged car in the rental lot, the paper work indicating the damage. The car company rejected our dispute. The credit card company didn't. I even enlisted our french intern (native speaker) to call said company and ask what is going on. They got the run around ("French bureaucracy is the worst")
They even blocked when said car company tried to charge again after the rejection. Good times.
The FTC recently took Walmart to court over similar behavior, essentially profiting off of crime.
It sounds like PayPal is asking you to prove you did not receive the cloud credits.
But what you should do is say you did not purchase cloud credits.
There is a difference between an unauthorized charge and goods not received.
How can I provide evidence for an item I never received? All I had was the listing and the contemts of the package, yet Paypal sided with the seller. I quit using Paypal then and there, and won't touch them with a ten foot pole. A very consumer-hostile company.
With your initial dispute of "order not received", they pointed to the 1200€ credit and said, "here's what you ordered". This credit does indeed disprove any claim of "I didn't get anything for the 1200€ I was charged".
The problem is you don't want to receive any order; you want there to be no order at all, and no exchange of 1200€.
Which version of PayPal checkout did they use? I think there's a standard PayPal checkout, where you complete the transaction at a PayPal-hosted page. And there's an "express" PayPal checkout, where you login to a PayPal-hosted popup to complete some initial authorization, then complete the checkout process on the merchant-hosted site.
I think there would have been some point where you authorized a 1200€ payment on a PayPal-hosted site, do you recall that step? I think that step is critical to your claim here that they should return your money.
You mentioned "They had authorization for recurring payments, so they pulled those 1200 without my interaction." And also, "at no point that amount was shown to me" How did they get that authorization? Could you reproduce the checkout flow up to the point of PayPal authorization to see if the 1200 amount is shown in the PayPal-hosted part of the checkout flow, and whether it's hidden in the merchant-hosted portion of the flow?
OVH has been on my shitlist (and email blocklist) for years, because of their tolerance of spammers on their network; abuse notifications are ignored.
As for Paypal, there are so many stories of Paypal scamming companies out of money by closing their accounts on some pretext, and just keeping the money. Just google it, this goes back decades.
Both are awful companies, avoid them like the plague. Dispute the OVH charge with your credit card company, generally not a scammy outfit.
How was OVH able to pull €1200 from your PayPal account? Did you go to PayPal's website (for example via a popup triggered by the OVH website) and told PayPal to let them pull €1200?
Now that they got the money, how is Paypal still part of it? Do you expect Paypal to go to OVH, knock down their door and demand the money back?
I would think that if you want your money back, you need to involve the authorities. The government has a monopoly on violence. If you want somebody to go and knock down OVH's door, thats a job of the authorities. Obviously, OVH would probably already give you your money back if the authorities demand that. Nobody likes to get their door knocked down.
I might be wrong though, this was years ago and I had no involvement in the dispute process itself, but that was my recollection. I'd have thought PayPal would be more pro-consumer if anything because of how consumer facing it is - it's not like they're just doing anonymous CC processing on behalf of the merchant, which is largely what Stripe does.
https://www.europe-consommateurs.eu/en/shopping-internet/14-..., instructions at the bottom for contacting your local european consumer center to complain. (Have heard this complaint process is very good + nearly automatic for airline refunds; not sure right of refusal cases).
If you're US based, you may be able to frame this as a gift certificate under the CARD act https://www.law.cornell.edu/uscode/text/15/1693l-1, and at least dispute the expiration date. (But I'm not sure if this section gives you power to sue; you may have to contact your state AG).
(I'm not a lawyer)
They can take me to court if there’s an issue.
I have been burned before. Unless it’s a bank and are heavily regulated they are not your friends.
One thing I did notice with PayPal... is one often has little success if you are international account and deal with a rare crooked American seller. We literally had sand shipped to us before, and still ate the loss. lol...
In my country, Slamming or unsolicited services are illegal, and people are not obligated to pay the invoice. It is one reason a credit card payment through a merchant is superior to paypal in some situations, as they tend to play by rules set by the local account laws. ;)
Company these days are way more powerful than individual in legal arena. They have the advantage of corporate lawyers and cash to burn you out. The only way is exactly what BLM did effectively.
PayPal is literally one of the very worst payment processors out there. I really wish people would stop using them.
> Now I'm stuck with an absurd amount of credit on a cloud service I have no use for (and worse, it expires in a year), and apparently there's no UI option for me to contest this PayPal ruling. Phoning them I found no option to talk to a person.
Your best bet is getting OVH to refund your money. If the credit amount is in dollars, you should be able to withdraw it.
Much better then credit cards and paypal, where you have to open a request for refund etc. You only have this in the EU, but it's the best option.
I also had the flip side where customers would withdraw a few months in payment because the couldn't make their mortgage. Which we ended up resolving in a nice way.
Maybe someone can recommend CC companies that tend to side on the Consumer side, American Express maybe?
This isn't an excuse for their bad behavior but I don't understand why anyone continues to use them.
I never even noticed that a bunch of accounts was created until GitLab wrote "we noticed you are X licenses over your limit. Will will charge your credit card on I nearly shit my pants. It was a lot of money. I contacted support and asked them to remove my payment details. They declined and forwarded me to a sales person. I told the sales person about my issue, but she said I accepted their terms and conditions, so now I had to pay. But hey, if we had a quick call with some sales executives, then maybe we could resolve the matter... Suffice to say, now I use one-time credit-cards for all online services. It is not the first time I've been hogtied by an online service with no recourse.
You can open arbitration but it costs money.
Be sure to clearly state what happened, why you think it is wrong, and your preferred remedy.
These guys did eventually get they money after the morning news shows featured thier song. https://youtu.be/5YGc4zOqozo
OVH have a 14 day cooling off period for EU customers as required by EU consumer law. If you meet the criteria that might be a more fruitful avenue to approach OVH with, and to pursue enforcement.
The correct proceeding from this point is legal restitution.
> DO I HAVE TO ARBITRATE?
> Many companies require you to resolve disputes with them through individual arbitration. The companies listed on FairShake’s website all include a clause in their contracts that prohibit you from filing a traditional lawsuit or joining a class action against them.
What? How is that valid/legal?
If there is a small claims court in your jurisdiction, you might try that one...
I would start by sending a GDPR subject data request for any personal data they have. There is a definite time limit for the response time. In case of inaccurate data, then there is right to rectification.
If there is no appropriate receipt for the 1200 EUR charge showing value added taxes charged I would ask for the receipt. Some tax agency might be interested if there is no such receipt.