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    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
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Sweet Offerz, Lego and Paypal


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I did something stupid, something that I have told my kids over and over again not to do, but I clicked on a Facebook link, to a Chinese shop called Sweet Offerz, advertising the Lego Hogwarts Castle, for half price.

 

I paid using PayPal, but not logged into my account at the time, as I couldn't remember my password, and used a credit card for extra protection.

 

As soon as I had made payment, I regretted it, and thought it was a [problem], so I immediately phoned both PayPal and my credit card company to see if I could stop payment, and explained that I thought it was a [problem], but neither would do it, and said I could raise a claim if the item wasn't received in 30 days.

 

What arrived through the post was a box full of cheap, bad quality plastic bricks, not Lego and instruction books to make a "magic world castle" not a Hogwarts castle as advertised.

 

I thought, I'll just claim my money back through PayPal as what I was sent was clearly no what was advertised, and I thought PayPal would accept this and that would be that.

 

However PayPal have ruled the claim against me and I am not getting a refund, as the company sent proof of the item being posted and delivered, which wasn't the basis of my claim, but they won't budge.

 

I have contacted Sweet Offerz, through their email address supplied by PayPal but they have ignored all my messages, I have asked for a refund, and to return the item but they don't reply.

 

Also I can't log in to the account I created when buying the item, and their site does not recognise my email address when I try to recover my account details, the same email address they sent shipping details to.

 

I should have known PayPal wouldn't be bothered to help, they never do, but is there anywhere else I can take my claim.

Edited by dx100uk
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you could have stopped the payment by logging in to your paypal account immediately after making this payment.

As it was undoubtedly less than £100 you can go nowhere with the card provider. basically without sending it back by tracked delivery Paypal wont be interested and the postage will be far more then the item is worth.

Neither paypal or your card issuer can protect you from yourself so you will have to write off the money and learn from the experience.

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[it was over £100, and it's not showing on my paypal account as I wasn't logged in at the time, and paid through paypal with my credit card,

 

I phoned both paypal and credit card company immediately after making payment, but neither were interested.

 

OK so I didn't think, my fault, but surely that's not a reason to accept that this company are [problem]mers, and forget about my money, what happened to buyer protection, didn't see stupidity being a reason for not claiming.

Edited by dx100uk
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Just had a look at sweet offerz

 

The one you brought isn't up but the millennium falcon is - not once do they mention it being lego however so I'm not sure how you would prove miss-selling

 

I have to admit I'm surprised it's poor quality bricks as China is so famous for its lego clone that lego sued them

 

It is cheaper elsewhere however (kids got 20 sets of knock of lego from china last year and still haven't realised)

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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However PayPal have ruled the claim against me and I am not getting a refund, as the company sent proof of the item being posted and delivered

 

 

Did you open the wrong type of claim? It does appear that you've opened an item not received dispute if the seller managed to win by supplying a tracking number.

 

You needed to open an item not as described dispute.

 

Can you clarify which was opened?

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Just had a look at sweet offerz

 

The one you brought isn't up but the millennium falcon is - not once do they mention it being lego however so I'm not sure how you would prove miss-selling

 

I have to admit I'm surprised it's poor quality bricks as China is so famous for its lego clone that lego sued them

 

It is cheaper elsewhere however (kids got 20 sets of knock of lego from china last year and still haven't realised)

The advert I clicked on had the actual Lego box in it, and the invoice I received with the delivery clearly states “hogwarts castle” but the instruction manual is for a “magic world”

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Did you open the wrong type of claim? It does appear that you've opened an item not received dispute if the seller managed to win by supplying a tracking number.

 

You needed to open an item not as described dispute.

 

Can you clarify which was opened?

I thought I had told them it was a not as described, it difficult to sort as I wasn’t logged into my PayPal account at the time of purchase, but used PayPal and my email address, so it doesn’t show in my account when I log in but they did see the purchase when I first rang them to make the claim.

 

However, it’s still strange that the company do not reply or acknowledge my purchase and have ignored all my emails, but replied to PayPal.

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I thought I had told them it was a not as described, it difficult to sort as I wasn’t logged into my PayPal account at the time of purchase, but used PayPal and my email address, so it doesn’t show in my account when I log in but they did see the purchase when I first rang them to make the claim.

 

However, it’s still strange that the company do not reply or acknowledge my purchase and have ignored all my emails, but replied to PayPal.

 

Not strange at all, the seller has your money and only PayPal can take it back from them, you can't.

 

You need to contact PayPal and ascertain that they've opened the right kind of dispute, because it doesn't seem like that an item not as described dispute has been opened for this purchase.

 

Having said that, even if you do manage to get a dispute opened for not as described, you'll be told to return the item to the seller in China by trackable means at your own expense, and packages rarely show as delivered in China even if you return International Signed For. The package usually tracks to China, but not to the delivery address.

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