Jump to content


  • Tweets

  • Posts

    • 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  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

ESA Appeal Support Group / WRAG Advice needed


Error_Prone
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4542 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Contribution based ESA.

 

I had been in the Support Group for around two years but was moved to the WRAG following a "medical" a few months back.

 

Ironically I "passed" the most recent medical. The previous two I "failed" but each time I obtained a reconsideration after submitting doctors letters without having to go to a formal appeal.

 

This time I queried the decision and was initially told it was automatic but should have been looked at by a decision maker. Meanwhile I had been sent an appointment for a "Work Focused Interview". I was told to contact the local office and ask for this to be postponed pending a decision. This was agreed.

 

A few weeks later I got a letter saying they were unable to change the decision but I could appeal if I wished.

 

I send in a detailed appeal with supporting evidence and a letter saying I couldn't see how their decision could be a "reconsideration" as apparently no original decision had been made!

 

Again, after a couple of weeks, I got a letter saying they would look again at the decision and if it could be changed in my favour the appeal would lapse.

 

This was five weeks ago and I heard nothing further. I'm still getting the WRAG paid into my account and have not been called to any further meetings.

 

Would I be best to chase this or let sleeping dogs lie? To be honest I would rather have the slightly lower amount of money than risk stirring things up and have to attend the "work Focused Interviews".

 

However I am conscious that the new rules mean I can only stay in the WRAG for 1 year (??) so presumably this will come to an end in about 9 months time if I don't get upgraded.

 

Any advice would be appreciated.

 

Thanks

Link to post
Share on other sites

The new rules mean you can stay in WRAG for as long as they feel you need to. (as it is now) But after one year, you'd get no money if you don't meet the income based criteria and you have spent the last year on contributions based ESA.

 

OK, thanks.

 

However, unless I'm missing something the only benefit to me would be getting credited with NI contributions??

 

I have more than enough years for a full basic state pension. Do these contribute to the second state pension? Otherwise would the only value be remaining eligible for contribution based benefits in the future such as the ESA Support Group should I meet the medical criteria?

 

For the foreseeable future my assets are too high to be eligible for anything means tested.

 

Also, does the year start from when I was moved to the WRAG (I was in the Support Group before).

Link to post
Share on other sites

OK Thanks.

 

So, if I remain in the WRAG until the year is up and payments stop what we are saying is that they would continue to credit me with NI contributions presumably subject to still attending the dreaded ESA "medical" etc? If at any stage I get put back in the support group payments would start again?

 

As I mentioned I have more than enough NI contributions for a full state pension. Therefore if I drop out of the ESA system because it is too much hassle just for the contributions how long would I remain eligible for contribution based ESA should my condition worsen to their idea of Support Group level?

 

I'm not willing to claim contribution based JSA for the six months it would be available as the procedures would be counterproductive to my health.

 

I realise I am fortunate in that I don't desperately need the money. I believe I am entitled to ESA on medical grounds at support group level and I have sent in an appeal with appropriate doctor's letters etc. However this seems to have vanished into a black hole!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...