Consumer complaint received 2024-08-20
Product: Checking or savings account — Checking account
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: Paypal Holdings, Inc (AZ)

XXXX XXXX at LAW Conditional Acceptance UCC 1-308 : 3-603 : 3-301 : 3-104 : 3-105 : 5-114 Within the universal maxim of law, notice to agent is notice to principal, notice to principal is notice to agent. All addressed parties jointly and severally, as well as their successors, nominees, and assigns. 

Date : XX/XX/2024 Beneficiary : XXXX XXXX, Authorized Representative, Account # XXXX Trustee ( s ) : PayPal , Inc . 

Registered Mail : Return Receipt Requested ALL COPIES MAILED WILL BE ORIGINAL WET SIGNATURES ( AUTOGRAPHS ) BY MY HAND NOTARIZED INDIVIDUALLY. THERE IS NO JUSTICIABLE CONTROVERSY HERE. 

Regarding : Failure to Comply with the Refund of Fraudulent Transactions, and Protection of the Beneficiarys Interests Be It Known : The Conditional Acceptance of PayPal, Inc.s actions or lack thereof, establishes a Common Law contract between us under the Postal Rule, which states : The postal rule ( also known as the mailbox rule or deposited acceptance rule ) is a term of common law contracts which determines the timing of acceptance of an offer when mail is contemplated as the medium of acceptance. The general principle is that a contract is formed when acceptance is actually communicated to the offeror. The mailbox rule is an exception to the general principle. The mailbox rule provides that the contract is formed when a properly prepaid and properly addressed letter of acceptance is posted. One rationale given for the rule is that the offeror nominates the post office as implied agent and thus receipt of the acceptance by the post office is regarded as that of the offeree. The main effect of the mailbox rule is that the risk of acceptance being delivered late or lost in the post is placed upon the offeror. If the offeror is reluctant to accept this risk, he can always acquire actual receipt before being legally bound. 

Justiciable Controversy XXXX XXXX XXXX XXXX : A controversy in which a claim of right is asserted against one who has an interest in contesting it. A question as may properly come before a tribunal for a decision. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX. 

Conditions For Acceptance 1. Statement accepted for value : Your account number # XXXX Balance : {$500.00} 2. Account number # XXXX Balance : {$500.00}, reflecting the fraudulent transactions which must be recognized as erroneous and corrected to the benefit of the XXXX, XXXX XXXX. The failure to refund these amounts is unacceptable and has triggered this Conditional Acceptance. 

This conditional acceptance reflects the expectation that PayPal will honor its obligations to the Beneficiary by refunding the fraudulent transactions. 

3. If the Conditional Acceptance is not accepted, the following applies : a. As per UCC 3-603, your account # XXXX is discharged to the amount tendered and the requirement for payment of interest is discharged. 
b. You are required to provide evidence of consideration, beyond any reasonable doubt, that equals or exceeds all money paid into this account throughout its life. 
c. You are required to provide evidence showing beyond a shadow of a doubt, that there is no want of consideration as regards to this account. 
d. You are required to provide evidence and proof as to how exactly this money was created as well as what fund or pool the funds came from that show it was a legal and correct source of funds. 
e. Have all the above points answered and notarized as an affidavit of truth by a living soul swearing under oath the truth and accuracy of each point. 
f. Return the negotiable instruments that have been provided, otherwise, they will be considered accepted. 
g. Provide a statement showing your account # XXXX paid in full and corrected for any errors or fraudulent transactions. 

Specific to the PayPal Dispute : Misrepresentation of Account Status ( UCC 1-203, 4-202, 4-203 ) : PayPal has falsely reported my account balances and transaction history by not acknowledging the fraudulent transactions that occurred totaling {$500.00}. These transactions were unauthorized, and PayPals refusal to reverse the charges constitutes a misrepresentation of my account status and a failure to protect the interests of the Beneficiary, XXXX XXXX. 
Failure to Comply with Stop Payment Orders ( UCC 4-403 ) : Despite my immediate dispute of these fraudulent transactions, PayPal has not complied with my request to stop payment and refund the amounts, thereby failing in their duty to safeguard the Beneficiarys funds. 
Failure to Uphold Fiduciary Duty : PayPals actions reflect a breach of their fiduciary duty to the Beneficiary, which has necessitated this Conditional Acceptance. 

Denial of XXXX Credit Card After Providing Security Interest : Despite providing a security interest as part of the application process, my XXXX credit card application was denied. This denial, after the establishment of a security interest, constitutes a breach of contract and misrepresentation of the credit application process. The failure to properly account for and apply the security interest is a violation of the obligations PayPal has toward me, the Beneficiary and a fee schedule from beneficiaries trust will be issued with any violations and any financial losses will be accounted for. 

Filing with IRS : To further formalize this dispute, I have included the following IRS forms : Form 3949-A ( Information Referral ) : To report suspected tax law violations or improper practices by PayPal that may impact the Beneficiarys financial standing. 
Form 56 ( Notice Concerning Fiduciary Relationship ) : To notify the IRS of the fiduciary relationship and PayPals failure to act in accordance with their responsibilities. 

Limitations of Time Upon receipt of this document, you have 10 days to accept or to provide the documentation as described in item 3. I would prefer to maintain an accurate and compliant account with PayPal , Inc . 

Avouchment I, XXXX XXXX, do hereby avow that based on my firsthand knowledge and information relayed to me from research, this Conditional Acceptance is true, accurate, XXXX XXXX XXXX XXXX beneficiary XXXX