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The Skrill agree to pay up to $10,000.00 to settle $40.00 debt.

Discussion in 'Forex Insanity' started by merlin4x, Apr 21, 2014.

  1. merlin4x

    merlin4x Banned for uncivilized conduct

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    Dear Silvia,
    
    Please notice that your reference to any of the Skrill contractual articles is meritless because they are discretionary, meaning that they are not mandated by any law and are strictly based on your own arbitrary rules which actually work against you in this case.
    
    Furthermore, because Skrill frozen my account, I have terminated my account with the Skrill, as stated in my prior e-mail, and my demand for a refund of the residual balance of $40 is no longer regulated by any terms of the account agreement and is now a subject to collection as a Skrill's ["DEBT"] to me.
    
    Therefore, the Skrill understands that Skrill is fully responsible to pay and find the way how to deliver the DEBT to me by May 19, 2014, otherwise
     the DEBT will be subject to the following:
    
    1) $35 monthly late charge
    2) 40% annual interest
    3) Collection fees
    4) Attorney fees
    5) Actual Damages
    6) Intentional emotional distress damages
    7) Exculpatory damages
    8) Other and further relief as the court may deem just and proper
    
    Since my VISA account, verified by Skrill, is the California Bank account and you are licensed in California I will collect the DEBT under the California laws as proper jurisdiction. The Small Clams Court can award me up to $10,000 it is very simple process.
    
    In addition the Skrill understands that as long as the DEBT exists, I have right to publish the fact that Skrill is refusing to pay the DEBT and that such publication my negatively effect Skrill in doing a business in all states of the USA, EU and all other jurisdictions where the Skrill conducts the business.
    
    
    
    ---------- Původní zpráva ----------
    Od: Skrill Help <help@skrill.com>
    Komu: xxxxxxxxx@seznam.cz <xxxxxxxx@seznam.cz>
    Datum: 17. 4. 2014 7:21:51
    Předmět: Skrill Help – Ticket Response (#01149496) [ ref:_00D206xzl._500D0ag1Wl:ref ]
    
         
        Dear Stanislav,
        Thank you for your email.
    
        Your US issued Visa card and Check issued MasterCard are not supported withdrawal method, and in this sense they fall under article 12.1. [...] We do not guarantee the availability of any particular withdrawal method and may make changes to or discontinue a particular withdrawal method at any time without following the procedure set out in section 18 as long as there is at least one withdrawal method available to you.
    
        Moving forward,  Skrill Inc. with Head office in New York is regulated as a money transmitter by the various states of the United States, and is also a registered Money Services Business (“MSB.”) with the U.S. Treasury Department. Skrill Inc is subject to applicable U.S. federal and state laws and regulations, as well as Card Network rules in the operation of the Skrill Payment Service. On these lines, Skrill Inc has tailored Terms of use applicable to US customers in compliance with the local legislation. Skrill is a licensed money transmitter under the laws of all states, but Illinois. Click on the link below for more information regarding the state licenses that the Skrill maintains:
        https://skrill.com/en-us/siteinformation/statelicensing/
    
        International customers, including from Czeck, fall under the Skrill Ltd Terms of use, where you may find the following mention about online gambling retsriction:
        11.2. [...]
        Countries where online gambling is illegal include the United States of America, Turkey, China, Malaysia and Israel [...]
    
        Finally, if you cannot or does not want to comply with the withdrawal methods supported at our site, you may take this further to your bank and instigate chargeback.  
    
        We hope you will find the above useful. 
         
        Kind regards,
        Silvia
        Skrill Help Team
         
        Skrill Ltd. is authorised by the Financial Conduct Authority (FCA) under the Electronic Money Regulations 2011 for the issuing of electronic money, Register No. 900001
    
    
     
  2. merlin4x

    merlin4x Banned for uncivilized conduct

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    Dear Silvia,

    Please notice that your reference to any of the Skrill contractual articles is meritless because they are discretionary, meaning that they are not mandated by any law and are strictly based on your own arbitrary rules which actually work against you in this case.

    Furthermore, because Skrill frozen my account, I have terminated my account with the Skrill, as stated in my prior e-mail, and my demand for a refund of the residual balance of $40 is no longer regulated by any terms of the account agreement and is now a subject to collection as a Skrill's ["DEBT"] to me.

    Therefore, the Skrill understands that Skrill is fully responsible to pay and find the way how to deliver the DEBT to me by May 19, 2014, otherwise
    the DEBT will be subject to the following:

    1) $35 monthly late charge
    2) 40% annual interest
    3) Collection fees
    4) Attorney fees
    5) Actual Damages
    6) Intentional emotional distress damages
    7) Exculpatory damages
    8) Other and further relief as the court may deem just and proper

    Since my VISA account, verified by Skrill, is the California Bank account and you are licensed in California I will collect the DEBT under the California laws as proper jurisdiction. The Small Clams Court can award me up to $10,000 it is very simple process.

    In addition the Skrill understands that as long as the DEBT exists, I have right to publish the fact that Skrill is refusing to pay the DEBT and that such publication my negatively effect Skrill in doing a business in all states of the USA, EU and all other jurisdictions where the Skrill conducts the business.



    ---------- Původní zpráva ----------
    Od: Skrill Help <help@skrill.com>
    Komu: xxxxxxxxx@seznam.cz <xxxxxxxx@seznam.cz>
    Datum: 17. 4. 2014 7:21:51
    Předmět: Skrill Help – Ticket Response (#01149496) [ ref:_00D206xzl._500D0ag1Wl:ref ]


    Dear Stanislav,
    Thank you for your email.

    Your US issued Visa card and Check issued MasterCard are not supported withdrawal method, and in this sense they fall under article 12.1. [...] We do not guarantee the availability of any particular withdrawal method and may make changes to or discontinue a particular withdrawal method at any time without following the procedure set out in section 18 as long as there is at least one withdrawal method available to you.

    Moving forward, Skrill Inc. with Head office in New York is regulated as a money transmitter by the various states of the United States, and is also a registered Money Services Business (“MSB.”) with the U.S. Treasury Department. Skrill Inc is subject to applicable U.S. federal and state laws and regulations, as well as Card Network rules in the operation of the Skrill Payment Service. On these lines, Skrill Inc has tailored Terms of use applicable to US customers in compliance with the local legislation. Skrill is a licensed money transmitter under the laws of all states, but Illinois. Click on the link below for more information regarding the state licenses that the Skrill maintains:
    https://skrill.com/en-us/siteinformation/statelicensing/

    International customers, including from Czeck, fall under the Skrill Ltd Terms of use, where you may find the following mention about online gambling retsriction:
    11.2. [...]
    Countries where online gambling is illegal include the United States of America, Turkey, China, Malaysia and Israel [...]

    Finally, if you cannot or does not want to comply with the withdrawal methods supported at our site, you may take this further to your bank and instigate chargeback.

    We hope you will find the above useful.

    Kind regards,
    Silvia
    Skrill Help Team

    Skrill Ltd. is authorised by the Financial Conduct Authority (FCA) under the Electronic Money Regulations 2011 for the issuing of electronic money, Register No. 900001

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  3. Pharaoh

    Pharaoh Colonel

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    Why the mention of online gambling? Were you using your Skrill account to play at an online casino? If so, there might be a legal prohibition against transferring any winnings back to the credit card.
     
  4. merlin4x

    merlin4x Banned for uncivilized conduct

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    No, I have not used any gambling. It is usual Skrill dishonest crapola.
    See following correspondence today.
     
  5. merlin4x

    merlin4x Banned for uncivilized conduct

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    Reply from Skrill and my answer

    Dear Skrill,

    Please be advised that I disregard any correspondence which is not endorsed by a real person because it maybe a hoax.

    Therefore, as I stated in my prior email dated 20. 4. 2014 addressed to Silvia, the Skrill understands that Skrill is fully responsible to pay and find the way how to deliver the DEBT to me by May 19, 2014, otherwise the DEBT will be subject to the following:

    1) $35 monthly late charge
    2) 40% annual interest
    3) Collection fees
    4) Attorney fees
    5) Actual Damages
    6) Intentional emotional distress damages
    7) Exculpatory damages
    8) Other and further relief as the court may deem just and proper

    If you want cooperate you may provide me with address of your Agent of Service in the state of California where I will be serving my Small Claims Summons.

    -Stanislav




    ---------- Původní zpráva ----------
    Od: Skrill Help <help@skrill.com>
    Komu: xxxxxxxxx@xxxxxxxxxx <xxxxxxxxxx@xxxxxxxxxxxxx>
    Datum: 23. 4. 2014 7:22:12
    Předmět: Your Complaint against Skrill Limited [ ref:_00D206xzl._500D0ag1Wl:ref ]


    Dear Stanislav,

    Thank you for your email. Please be informed that your case has been referred to the Complaints Department of Skrill for further review and response.

    The present response shall be deem as official/final response on behalf of Skrill Limited and may be provided to the Financial Ombudsman Service in case you are not satisfied with it and wish to further escalate your complaint. Additional information about the escalation path and how your complaint will be handled are available below as well as in the attached Complaints Handling brochure.

    Nature of complaint

    As we understand, your complaint relates to the fact that Skrill Limited is unable to transfer the amount of $37.36 that is currently available in your Skrill account to your registered Visa (42xxxxxxxxxx1254 ) or MasterCard (51xxxxxxxxxx0162).

    Factual background

    On 1 April 2011 you created a Skrill account with email address standa2446@seznam.cz at which time you agreed to our General Terms of Use. Section 12.1. of the same states:

    12.1 . You can request a withdrawal of all or part of the funds held in your Skrill Account at any time. To do this you must log into your Skrill Account and select a withdrawal method and enter the amount to be withdrawn. Withdrawal methods are payment services provided, at least in part, by third party financial institutions (for example, the bank where you hold a bank account). We do not guarantee the availability of any particular withdrawal method and may make changes to or discontinue a particular withdrawal method at any time without following the procedure set out in section 18 as long as there is at least one withdrawal method available to you.


    Findings

    Having carefully reviewed the circumstances surrounding your complaint, we are satisfied that Skrill’s actions in this case are consistent with its published policies. That being said, we can confirm that:

    1. Your Skrill account balance is at your disposal and funds can be withdrawn to a bank account in your name, spent online or sent to another customer of Skrill. Fees apply in accordance to our Fee Schedule .

    2. Skrill does not support withdrawals to MasterCard credit/debit cards at present and is therefore unable to send your remaining balance to MasterCard 51xxxxxxxxxx0162 registered in your profile.

    3. Skrill does not support withdrawals to Visa credit/debit cards issued in the United States of America due to internal technical restrictions and therefore we will not be able to send your remaining balance to Visa 42xxxxxxxxxx1254 issued in the US.

    4. Card deposits older than six months cannot be refunded via our service provider due to technical and other processing restrictions. Your last card deposit to Skrill dates has been completed on 2 July 2013, therefore provider refund is not technically feasible.

    5. As an alternative to bank wire transfer, Skrill may be able to process the funds to a Visa card issued in the Czech Republic which is your country of registration. If you have such a card in your name, you can add your details in section `Cards and Bank Accounts’. Please be mindful that the card in question will need to verified before you can use it for withdrawals. Completion of the Skrill card verification procedure involves a test transaction that requires card issuer approval. Skrill does not apply any fees for the purpose of verifying a credit/debit card.

    6. You have chosen to discontinue your membership at Skrill and have requested account closure. Therefore, once your remaining balance is withdraw, spent or otherwise used, the account will be duly terminated in accordance with your instructions.

    We are taking this opportunity to apologise for any inconsistency of service you feel you have received to date. We hope that we have managed to clarify our position and look forward to resolving the issue. Should you require any further assistance related to points 1. and 5. above, please feel free to get back to us and assistance will be provided accordingly.

    In case you are not satisfied with our response or think that we have violated our mutual contract in any way, you should feel free to escalate your complaint as you consider appropriate. That being said, you may choose to refer your case to the Financial Ombudsman Service for an impartial review and would need to do so within 6 months from the date of receiving this email. Accepting your complaint would depend on its nature and whether within the rules of the Service the person making the complaint is "eligible" to refer the matter to the Ombudsman. The service exists to provide independent adjudication and investigation will be undertaken prior to making a decision about outstanding disputes. The Ombudsman service can be contacted direct at the following address:

    Financial Ombudsman Service
    PO Box 4
    South Quay Plaza
    183 Marsh Wall
    London
    E14 9SR

    Telephone: 0845 080 1800
    Switchboard: 020 7964 1000
    Main Fax: 020 7964 1001

    For more information please visit: Financial Ombudsman Service: Banking, Insurance & Pensions Ombudsman UK.

    Best regards,

    Skrill Complaints Department
    www.skrill.com
    e: help@skrill.com
    t: +44 203 514 5562 (Mon-Sun 09:00 - 18:00 GMT
    Skrill Ltd. is authorised by the Financial Conduct Authority (FCA) under the Electronic Money Regulations 2011 for the issuing of electronic money, Register No. 900001
     
  6. merlin4x

    merlin4x Banned for uncivilized conduct

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    Second round of a pissing contest.

    Dear Skrill,

    You have gave me a go to initiate collection immediately:

    Original debt .............................................................................. $37.36
    Late fee .................................................................................... $35.00
    -------------
    Subtotal .................................................................................... $72.36
    40% annual interest .................................................................... $2.40
    --------------
    To avoid additional charges pay Total immediately ............................. $74.76



    ---------- Původní zpráva ----------
    Od: Skrill Help <help@skrill.com>
    Komu: xxxxxxxx@xxxxxxxx <xxxxxxxxx@xxxxxxxxx>
    Datum: 23. 4. 2014 10:18:54
    Předmět: Skrill Help – Ticket Response (#01149496) [ ref:_00D206xzl._500D0ag1Wl:ref ]


    Dear Stanislav,

    Your comments have been duly noted and information has been added to the case of future reference.

    As our internal complaints handling procedure has been exhausted, we are now closing our files on this case.

    We are taking this opportunity to remind you that as per our Skrill Term of Use accepted by you upon registration -

    21.3 . Your Skrill Account is operated in the United Kingdom and these Terms of Use shall be governed by and interpreted in accordance with the laws of England and Wales. Any dispute under these Terms of Use or otherwise in connection with your Skrill Account shall be brought exclusively in the courts of England and Wales except where prohibited by EU law.

    For additional information on the escalation path, please refer to our Final Response issued by the Complaints Department of Skrill on 23 April 2014.

    Best regards,

    Yavor
    The Skrill Team
    Skrill Ltd. is authorised by the Financial Conduct Authority (FCA) under the Electronic Money Regulations 2011 for the issuing of electronic money, Register No. 900001
     
  7. stevesmain

    stevesmain Sergeant

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    First is this a forex related activity etc.? If not why is this here.

    Second, while the good ol litigious USA supports many a frivolous law suite this one is just down right silly. If you want your money play by their rules!

    Third, change the subject header as it is misleading. Skrill is not allowing you to sue them for that amount, you are misleading us with that type of headline. Been smoking the weed lately?
     
  8. merlin4x

    merlin4x Banned for uncivilized conduct

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    Obviously Skrill was my E-Wallet for my FX trading accounts. Look any broker and you will see that they dominate the field.

    I can sue them in any civilized jurisdiction in which they are doing a business and I do not know from which civilized jurisdiction you are cumming from.

    I have not agree to many things which they claim that I have agree to.

    Obviously you do not understand the law and all forms of agreements freshen up on "implied" agreement.

    If there is anything silly here is Skrill behavior over $40 dollars.

    If there is anything misleading here it must be that you are smoking something.

    Otherwise I am glad that you are entertaining your self here.

    FYI Skrill was already prosecuted in the USA and lost.

    https://www.idfpr.com/DFI/CCD/Discipline/SkrillCDOrder13CC210.pdf and there
    is more.

    STATE OF ILLINOIS
    DEPARTMENT OF FINANCIAL & PROFESSIONAL REGULATION
    DIVISION OF FINANCIAL INSTITUTIONS
    )
    In the matter of )
    Skrill USA, Inc ) 13CC210
    )
    )
    To: Skrill USA, Inc. Schwartz & Ballen
    61 Broadway, Suite 1603 1990 M Street, N.W., Suite 500
    New York, NY 10006 Washington, DC 20036-3465
    CEASE AND DESIST ORDER
    The DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION,
    DIVISION OF FINANCIAL INSTITUTIONS (the Department), having conducted an
    examination of facts related to Skrill USA, Inc, formally Moneybookers USA,
    Inc.,
    (Skrill) pursuant to the Transmitters of Money Act, 205 ILCS 657/1 et seq.
    (TOMA
    or Act), hereby issues this order:
     
  9. merlin4x

    merlin4x Banned for uncivilized conduct

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  10. Pharaoh

    Pharaoh Colonel

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    Skrill already stated that they were not licensed in Illinois, but are licensed in the other 49 states.

    As for fees and late charges, I believe those are set by TOS or by courts. I don't think that consumers can just make up their own.

    I wonder if a court there will take the case based solely on a credit card from a California bank. It would seem to me that either a Czech court or the FOS could be more logical places to pursue your claim.

    If you really intend to sue them under California jurisdiction, why are you waiting? If you do, please post updates here. I'm ready to start making the popcorn.
     
: skrill

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