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pinnate

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  1. I've traded on Ebay since 2006 but have recently fallen victim to a buyer's fraud which Ebay refuses to do anything about because they receive their fee. Bthe buyer pays for item but puts freeze on Paypal transaction and refuses to return item. Ebay won't do anything because the payment is recorded as being made and they also take their fee. Paypal won't do anything because the transaction concerns an Ebay item and they refer you back to them. In summary, I loose the item, the initial postage and my Ebay fee. The 'buyer' gets it free. I've spent literally hours online and on the phone with Ebay's customer services, to no avail. They've also taken down any posts I make about this problem, on their online community. Ebay and Paypal are very closely connected in terms of shareholding and business. You cannot expect one to investigate the other as I have found to my cost. This is an easy fraud for buyers to make; expect it grow. I no longer sell online.
  2. For two and a half years I have been harassed by Activ Kapital for a CC debt I know nothing about. They have failed to provide a CCA, did send an application form after a year, state they have no obligation to provide a CCA or any financial statement. They don't acknowledge that the application form is not a CCA. I have now written a complaint to the OFT. I understand the OFT issued a warning to them in December about trying to claim money in this manner. I hope they will now have their licence revoked.
  3. Hi. Yes I should have mentioned a bit more. The first (and best) was Connaught Collections (for a Barclaycard debt of around £6K). All this year they've been offering low percentages to settle. I was lucky that by the time I had funds they actually sent me a letter offering a 10% deal. I do wonder if they are in financial trouble themselves given the number of unsolicited offers. If anyone out there is dealing with them I'd try and get 10% even though they said it was a July only offer. I think they are desperate. The other one was more complex and an HSBC bank overdraft. I had got a year and a half's worth of charges rescinded while the court case was on. Their solicitors, DG, then threatened me with a CCJ. Thanks to this site I did manage to postpone action for a bit. In some desperation, I offered them 40% of the remaining debt (£2.5K on £5.8K) and they accepted. I've offered 25% to Cabot (John Lewis Card) and they are getting really stroppy, demanding documents, threatening CCJ etc. I'm just going through the unfair charges on the card to try to head them off but I don't think I'll get them to 25%. My last card, Sainsbury's, was sold to CapQuest just as I was offering the settlement. They've rejected it but I haven't really done any negotiating with them and they haven't really looked at my account, so fingers crossed on that one. Hope this helps people. I am wondering if there is any legal precedent to force Cabot to accept a lower offer if other cards have done so? If it does go to a CCJ can I lever this in any way to get a favourable judgement? Does anyone know? Thanks also to other responses here, I've not sent Cabot any documents. I'm really not sure they can demand transactions with other people and they can confirm the F&Fs on my credit files once they're posted. Lastly, I'd never have got through these years of harassment without this site. So many thanks to all who've helped and I will be donating to keep it going.
  4. Thanks. I'll try the CCA route but CapQuest have just taken over from Sainsbury's whose card it is so in this case I'm not sure I can challenge their right to collect. I even had a letter from Sainsbury's saying that they were transferring it to them. It's come jsut as I was offering all my DCA's a settlement but two of them (CapQuest & Cabot) refuse to negotiate anything. I've been round this route for years with other DCAs but I'd now just really like to get things off my back.
  5. Sorry this isn't so much a reply as a question. I've managed to settle 2 credit cards (10-25%) but the other one wants proof that I settled at these low percentages and has asked for my correspondance. I'm reluctant to share anything with anyone (data protection - over the last three years I've had two DCAs trying to collect on cards I didn't have, and am plagued by phone calls from debt management companies). However, I'm wondering if I should share the info in the hope of getting this settled quickly. Overall, I'd endorse the replies here. I've spent a miserable four years being hounded by DCAs. I've used the phone harrassment letters (templates here)to get them off my back. I've certainly used asking for CCA agreements to get them to back off from taking me to court, although they did produce them in the end; and I've certainly noted the low levels that DCAs ( as opposed to the original card holder or their in-house collectors) will accept. It means a constant stream of letters challenging them about everything but in the end at least I've got 2 of them settled.
  6. Over the past few years I've had several credit card debts taken over by a different DCA all of whom have just arbitrarily increased the amount I supposedly owe. I understand from this site that they pay minimal amounts for the debt. So surely this massive increase in the debt is illegal? I've now paid off all but two of my cards (with a much reduced percentage of the debt owed) and just as I was hoping to pay off the final one, the card (Sainsbury's) has just been taken over by CapQuest who've loaded more interest on to it and refuse to accept my re-payment offers let alone my settlement offer. My questions are: 1) To what extent are new DCAs obliged to take into account sums of money already paid on the account and/or to accept the existing re-payment plan? 2) Are they entitled to load on any old lump sum of interest thus jacking up what you already owed by hundreds of pounds? 3) To what extent are they obliged/or likely to follow the percentages negotiated with other DCAs when I paid off the accounts? Thanks
  7. Hi I've been approached by AK for a Barlcays Visa I don't have. After a CCA request they sent me (over a year later) a copy of a form from 1981, requesting a card. Nothing else. Now they say that the CCA doesn't apply to pre 1984 agreements. So I'm also interested in this answer. I assumed I could just shrug them off.
  8. Hi, I'm in a similar position: after several years of unemployment I've inherited a small amount. I'm intending to write to the DCAs myself since I don't have enough to pay a settlement agency. I have heard from others on this forum that DCAs will have bought my debts for peanuts, so I'm intending to go in with an offer to all four of my DCAs of 30%. However, I wonder if anyone has had their offer of lump sum payment for settlement of the debt turned down because it wasn't enough? I don't want to be in the position of giving this money out but still having to pay small sums each month to pay the rest off. This is genuinely my one and only chance of getting rid of the debts. Also, the CAB have told me that I must make the same percentage offer to all four of the DCAs. This is different from one of the replies you've had from members of the forum. I don't know who's right.
  9. I have a previous thread "HSBC Court proceedings - what sum," which has followed my problem with DG Solictitors (ie. HSBC) who have issued a CCJ against me for an overdraft and unathorised overdraft, totalling about £6,000. I'm now starting a new one because the issue now revolves around whether they should have sent me a default notice. I sent them a letter saying that: "I aver, however, that this is a regulated agreement and as such falls under the remit of the CCA 1974. In particular, I refer to Coutts v Sebastyen and the summing up by the Judge in relation to effect on overdrafts and the function of the CCA in such circumstances. Your client is therefore, required to send a default notice in accordance with part VII of the CCA 1974 " They have now replied and said that this is not the case and they did not have to send me a termination or default notice. I attach a scan of their letter. Does anyone know whether they are right or not? I have been paying an amount each month, off the overdraft ( I don't dispute the overdraft, but had the unauthorised one under the OFT legal case), DG just suddenly sent me the CCJ form out of the blue. Thanks PS If you want to see the long details of the situation up to now, please look at my previous thread " HSBC Court proceedings - what sum? " dgdec0001.rtf
  10. Okay, thanks Hungrybear, you're really helping me to keep going on this. I'm looking through these forums for a template to say to DG that the o/d falls falls under the CCA and that they should have sent me a DN... does this sound right? Or should I send an SAR .. but I assume they'll just send me the same response.
  11. Hi again, I'm not sure why 2c) of the CAR's POC means that they should have sent me a DN - HSBC (DG's client) did send me a letter ( ie Feb09) but about 8 months after I went into freefall on an unathorised o/d at which point they did freeze the charges. I sent them a cheque for two months running with a token payment. They returned them and in May 09 DG contacted me with the usual DCA threats. From May onwards I sent them a token payment. DG admit they didn't send me a DN but where is the legislation that says a bank account should have one??? Many thanks Hungrybear - you're really great, can't thank you enough. -
  12. Hi again, Sorry, I've missed the point that this is a CCA regulated agreement - and therefore they need a default notice - can you tell me where the evidence is that a bank account is CCA regulated? Thanks aslo re the scan, I'll take it down and repost.
  13. HI, I received the following stroppy answer to my CPR. Given the court judgement yesterday as well, I'm not sure I have any options. Does anyone know?? I really can't dispute the core overdraft - they've sent me copies of my bank statements back to 2001. My only points are: 1) No default notice 2) I have been paying £1.00 since May when HSBC frozze the account. It seems pretty clear to me that they want this CCJ so they can move on to the next step of a charge against my property so please if anyone can help me, please do. I have very little time - 4th December but actually I'm in hospital from the 2d for a week. I'm uploading their reply. DGCPR0001.pdf
  14. Many thanks. Got the CPR letter off yesterday. Another thought - has anyone complained to the OFT about these bulk court claims? It seems to me that regardless of the rights and wrongs of an individual case these solicitors who work for the creditor are sending out court papers and unless I submit a defence to take it to court, they themselves will issue the CCJ on me. It will never have been through a court/independent arbitor. Aren't the solicitors taking on the role of the court and is that permissible? Is it worth my complaining to the OFT? Anything to make their lives more miserable!
  15. Many thanks, I'll send them a CPR. I do have a property as they'll know from my mortgage payments, so maybe a charge on the house is what they want. They've already accepted my £1.00 a month and I can't see what they'll get out of a CCJ. Is there a possibility of a defence which says that I've been repaying the overdraft each month and since DC have accepted this, there is no requirement for a CCJ? In other words, I guess what I'm asking is if there is a legal defence which consists of saying they are being unreasonable.
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