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    • a chargeback via a paypal account used in an ebay sale doesn't usually result in funds being sucked from your bank account,  just that you attain a paypal negative balance. as you saying the money was taken by paypal from your bank account without you authorising this? or is it directly the buyers name that is shown? regarding the chargeback but either way you bank account HAS been debited? dx  
    • what solicitor is the PAPLOC from? then just search xxxx snotty letter dx  
    • moved to the debt self help forum. plenty of like threads here to read along with the ones you've done so far..good work. last thing you ever want to do is look at any kind of IVO/BK or anything alike concerning consumer debt, never do that, turns unsecured debts into secured ones in many instances. your best bet for now is p'haps looks at  Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk) sadly you have to go thru one of the free debt charities to invoke that but DON'T be tempted to also open up a DMP with them, just get the Breathing Space done. get that in place that gives you at leasy 60 days buffer you've also goto to realise you'll probably get a default once breathing space is in place, bit if not it might pay you to withhold payments even after BS then p'haps re start payments once a DN for each debt is issued and registered. at least that way, whatever happens in 6yrs the debt will drop off dx  
    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Action fraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
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Car Insurance Cancellation Charge


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I recently cancelled my car insurance policy with the Norwich Union which Ihad been with for a number of years.On cancellation I received a letter indicating that I was due £46 whichincluded a cancellation charge. Since I pay DD monthly, the amountpresumably just covers the charge.I spoke to a consumer advice helpline which said I would be best paying thecharge as I could be held accountable to the balance for the rest of theyear (since car insurance policies cover a 12 month period).I do not have any documentation that indicates cancellation charges but Iknow that's no excuse, however I hoped I may get advice either confirming ordiscarding my previous advice.Subsequently, I received this email from the company:"Thank you for your email regarding outstanding payment on your policy.

 

Please note that when a policyholder initiates cancellation of the policy at any point of time in a period of insurance, then the policyholder has to pay for the days he/she has been covered including the administration charges of £52.50 as applicable for cancellation.

 

So I would like to inform you that you are required to pay the premium for the days you were covered on the policy from your last renewal date 14 November 2007 until 01 February 2008 including the administration charges of £52.50 as applicable for cancellation.

 

However I would be unable to provide you the break up for the cost. You need to call our customer services" Basically am I legally obliged to pay this?

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Can you please explain the reason for which you are cancelling the policy? The reason I ask is because there are circumstances when the fee should be applied, and circumstances where it shouldn't.

 

For example, if you sold the insured vehicle, and say for argument's sake you replaced it with a high-performance vehicle which NU aren't willing to insure, then you shouldn't be charged the cancellation fee. However, if you sold the vehicle and haven't yet replaced it, then the fee would apply. These are just 2 examples - there are many others. If you explain the reason for cancellation, then we will be able to advise you.

 

In any case, the cancellation charge should be mentioned in the policy booklet, or in the renewal documents.

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I cancelled the policy because I found a cheaper policy but I didn't say why I had cancelled the policy.

 

If I decided to sell my car and use public transport would that mean I was still tied in to a policy for the rest of the 12 month period?

 

If I lost a limb and couldn't drive would I still be tied in to the same policy?

 

The bottom line is "am I legally bound to pay a cancellation charge"?

Is a cancellation charge a penalty charge?

 

 

I sent an email request asking what the charge covers and a breakdown of the cancellation charge but the response was that I was required to phone a number. If I have sent a request in writing are they not obliged to supply the information in writing? Why should I have to phone?

 

The only documentation I have is the insurance certificate (I might not have even received a renewal. I'd been with them for quite a number of years).

 

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I cancelled the policy because I found a cheaper policy but I didn't say why I had cancelled the policy.

 

If I decided to sell my car and use public transport would that mean I was still tied in to a policy for the rest of the 12 month period?

 

In those 2 circumstances, you would be required to pay the fee.

 

If I lost a limb and couldn't drive would I still be tied in to the same policy?

 

I don't think so, in this case. However, if that were to happen, you would most likely have to send medical evidence to the insurer and they would (hopefully) waive the fee.

 

But in your case, you have cancelled the policy because you found one elsewhere with a lower premium. What you need to consider is: How long do you have left until the renewal date? If it's only a couple of months or so, you may as well carry on with the existing policy. However I can see in your case, you would have had another 9 months to go anyway.

 

Also you need to consider: How much less does the new policy cost? Does it provide cover which is at least equivalent to or better than the one you are cancelling? I'm sure you would already have considered these things, but I just thought I'd mention it for the benefit of anyone else who might read this topic in future. Once you factor in the cancellation fee, you might find you would have been better off to carry on with your existing policy until the renewal date. Then you could always find another policy to start from your renewal date, and you wouldn't have to pay the cancellation fee.

 

The cancellation fees are only applicable if you cancel the policy mid-term, not if you lapse the policy at the renewal date. This is standard practice for motor insurance policies. The FSA rules say that insurers are not allowed to charge anything that could be classed as a penalty. So, if you believe the charge is a penalty and you are not given any evidence to the contrary, then you could dispute it in that way.

 

I'm not too sure why they are insisting you phone to obtain the information.

 

Another thing to consider is: who is underwriting your new policy? If you took out the new policy via an intermediary, you might find that it is underwritten by NU anyway. Also, several banks have their policies underwritten by NU. If you check the terms and conditions of your new policy and you find it is underwritten by NU, then you won't have to pay the cancellation fee as you would still effectively be with the company, but just under a different policy number and a different sales route.

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