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    • 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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    • 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.

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      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
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Monument Payment Break Plan. **won**


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Can a 'Reply Card' ever be a legal Agreement? Part of my SAR's request came a little photocopy purporting to be 'it'. No details other than my personal ones and a Declaration with Credit Agreement Regulated by CCA1974.....I am applying for a Providian Visa card..... (I can scan it later if necessary). No interest rate etc. Dated Oct 2002.

 

Also, actual statements were not included, only a list of usage and payments made each month (quite adequate for reclaiming charges). But I'm sure I used to see, stamped on my actual statements, something about Payment Break Plan. Of course, I now know that is same as PPI!

 

When I looked in the T&C's (they kindly included a recent copy of these) it had, in small print, that the PBP would incur a charge of 0.89% of the balance each month.

 

Question 1. Is this a 'hidden' charge added to the APR charged each month so you don't realise it's there? Or, should I be less cynical and presume that I opted out without realising??

 

Question 2. How on earth do you calculate that???!

 

Sneaky or what??!

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  • 7 months later...

pbp is ppi go get 'em

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Be persistent with Monument.

 

They will try every trick to put you off making a claim,

however, I successfully made a claim on behalf of an elderly friend last year.

 

At that time they had a balance of about £2500 on their monument account and they were paying about £85pcm without really reducing the balance.

 

In response to the SAR they said they were not obliged to provide account details for more than six years and quoted the statute of limitations.

 

They ignored my reply that the Limitations Act allows for claims up to fifteen years following the event in circumstances when the individual was not previously aware of the claim.

I explained that the SAR had nothing to do with any claim but that it was an entitlement under the Data Protection Act and we were entitled to have all account details.

When they refused to comply with my request I made a complaint to the Information Commission Office.

 

The ICO upheld our claim and Monument immediately offered a refund of the balance on the account.

We also asked the Ombudsman to help with a claim for PPI refund.

 

After another year we have just received an account statement showing a credit balance of £6022.95 made up of PBP refund of £955.28 and PBP interest refund £5067.67.

When we called the customer relations number 01293 228702 there is a recorded reply explaining they are very busy

and quoting the number of days for refund calculations and refund cheque payments.

 

They will insist that PBP was not PPI in the beginning.

Clearly the Ombudsman is helping them see the truth!

Be stubborn, be firm.

Use all the guidance on this site.

It will help!

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  • 2 years later...

This thread can now be concluded!

 

 

Out of the blue, a month ago, received a letter from Monument offering me the PBP + a nice amount of interest. The PBP I'd paid back in 2003/4 was about £350 and the interest they offered took the sum to over £1600. Got the cheque a few days ago. Now in my a/c.

 

 

I couldn't be bothered to work out whether it was fair or not (I spent years fighting until I was exhausted). Also, for 6 years I was paying off the a/c balance at 0% interest. Such a relief to be shot of it all at last!

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Well done

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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