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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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Trade seller didn't disclose Cat S car


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Hoping someone can help.

 

I recently bought a car from a trade seller for my daughter after seeing an advert on FB.

I went and viewed the vehicle, and I asked the seller some specific questions, one of which was "has the car ever been written off?" (I have a witness who was with me when the questions were asked). The seller said it hadn't and I also got a friend who is a car dealer to do a full HPI check, which came back clean.

 

The seller said that he hadn't received the log book (V5) back from DVLA and that we would have to apply for it. Nothing untoward with that.

 

I purchased the car and it's now registered in my daughter's name. However, when the log book came back from DVLA it had the dreaded this car has been salvaged having sustained structural damage and repaired, ie it's a Cat C or Cat S meaning that its value is greatly reduced. We paid £2900 for the car and it's worth around £2000.

 

I have written to the seller and asked to cancel the contract under the misrepresentation act 1967 as I believe I had been deliberately misled when the seller stated it wasn't written off. I have given the seller 14 days to respond. The seller is leaning on the fact that when he sold be the car it was HPI clear.

 

I have said I will take it to court.

 

It seems there's a loophole whereby once the car is declared a write-off the insurers keep the log book but the HPI data isn't updated until the new owner applies for the log book from DVLA. I strongly suspect that he knows that the HPI doesn't get updated and therefore he can sell the car 'clean'.

 

My question is am I taking him to court using the correct legislation? ie (Misrepresentation Act 1967. I am wondering whether I should be using Consumer Protection regulations against mis-selling but I'm not sure.

 

Any advice is appreciated.

 

Nick

I have had personal dealings in the areas I comment on, however, I am not a lawyer. Any advice I give is without prejudice and is merely my opinion based on the information I have gleaned from my experiences, understanding and interpretation of the law. You should always seek the advice of a qualified legal professional.

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when did yo buy it?

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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Bought on 21 August and started cancellation dialogue after receiving the log book on Tuesday 18 Sep 2018 from DVLA. Interestingly, I have just received a bizarre letter from DVLA asking if we still own the vehicle as they have received an application for the vehicle. It's all getting a bit strange.

I have had personal dealings in the areas I comment on, however, I am not a lawyer. Any advice I give is without prejudice and is merely my opinion based on the information I have gleaned from my experiences, understanding and interpretation of the law. You should always seek the advice of a qualified legal professional.

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looks like you MIGHT have a reason under not fit for purpose [30days] under CRA regulations short term right to reject

 

not sure TBH.

 

is it not fit for purpose though??

 

if its been repaired and passed MOT then unless you can find something major wrong, all this boils down to is you got charged too much in your eyes ….not its unfit.

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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Thanks,

 

I would say that it's fit for purpose but I'm having it checked by a garage that I trust. It's my daughter that will be driving the car after all.

 

I know that I've had incorrect information, whether deliberately or not. I just wanted to make sure that I wasn't barking up the wrong tree. Last thing I'd want to do is get to court and the wrong legislation is being used. I'm hopeful that when I issue court proceedings he'll come to an agreement with me but I need to be prepared to go the distance, which I am.

 

Kind regards

 

Nick

I have had personal dealings in the areas I comment on, however, I am not a lawyer. Any advice I give is without prejudice and is merely my opinion based on the information I have gleaned from my experiences, understanding and interpretation of the law. You should always seek the advice of a qualified legal professional.

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The car has been misrepresented and you have been deceived. The car has to be “as described”. Your specific requirements was that it mustn’t be a write off. Therefore you are due a full refund, plus car tax refund and expenses. Traders who don’t declare write offs are Scumbags. Don’t use the vehicle, demand a full refund plus tax and expenses. If not take him straight to court.

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