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  1. But when I'm buying how do I know who is private and who is a trader? I believe "Buy it now" items are subject to distance selling regulations. Can anyone confirm or disprove this please?
  2. Also, when buying on "Buy it Now" and also paying with Paypal I am protected by distance selling regulations where I have a cooling off period surely? Info... http://pages.ebay.co.uk/consumer-rights/consumer-rights.html#change WHAT IF YOU CHANGE YOUR MIND? Distance Selling Regulations The Consumer Protection (Distance Selling) Regulations 2000 generally apply to sales to consumers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there's no face-to-face contact between the seller and the consumer before the contract is made. The Distance Selling Regulations apply to items purchased via Buy It Now listings and Second Chance Offers on eBay.co.uk. However, they don't apply to auction format listings on eBay.co.uk. The Regulations also provide a period of seven working days after the date of receipt within which the consumer can cancel the contract (often referred to as the "cooling off" period) and get their money back, including the original postage and packing charges. The consumer can be asked to return the goods at their own expense, but only if the seller informed them of this requirement before the contract was made (otherwise, the seller is responsible for collecting the goods). If a business seller has not provided the information required under the Distance Selling Regulations (as discussed above), the buyer will have up to 3 months to cancel the contract and get their money back. The cancellation rights do not apply to certain items including software, audio or video recordings that have been unsealed, perishable goods such as food or flowers, or items that have been made to order. To get a general idea of the laws governing distance sales, we recommend that you review BIS’s summary of the Regulations. Both the Citizen's Advice Bureau and the Office of Fair Trading also provide advice on your rights when shopping online:
  3. So what does "Returns accepted" mean then?
  4. Update... I managed to contact Ebay (by posing the question to Ebay "How do I telephone Ebay"!) and they have told me that because there is nothing wrong with the item and it is as it was described in the advert they will not open a case, or help me resolve this issue, or intervene in any way. So I suppose it's no2. LBA going tomorrow.
  5. Hi, A quick query... I purchased on But it Now a mobile phone on Ebay via Paypal for £40.00+p&p that clearly stated returns accepted. When the item arrived it wasn't what my daughter wanted. I have requested a refund 3 times. Twice the seller has stated she doesn't accept returns and will not give me one, even though I pointed out her advertisement stated that she would and that I am covered by distance selling regulations. The third time she has ignored me. 1. Does anyone know of a Paypal or Ebay procedure that would deal with this? When I go to the Ebay resolution centre it tells me my case is closed as she has refused the return. 2. Should I just write her a letter threatening court action? Any other comments are welcome. Thanks.
  6. I've just had a text from "First Step" whoever they are. I quote... New Government debt scheme starting 6th April. All debt could be written off in 12 months. Text WRITEOFF to 80545 for help. Correct me if I'm wrong but this is obviously a [problem]. I think it's a disgusting one too, playing on those worst off. Utter evil. I can't find anything about it on the internet. Has anyone heard of it? How does anyone stop them?
  7. My experience of credit checks by agents is that they are looking to see firstly if you exist, if you are on the electoral roll, if you have any CCJs and if you are behind on any payments. Your score with regards to lending is irrelevant in this situation.
  8. So are you saying this 8% thing no longer applies? Was it legislation and then not-legislation or something? Just wondering where the rules came from and how they were broken.
  9. Wow, what a great lesson in economics. It's like a dawning realisation, especially now knowing that the debt I have was created funds, and not cash lent to me. I'm interested in this a bit more... I figure from this that banks can create 92% debt over and above the capital assets they actually hold. If we did this it would be fraud. 1. So how are the banks allowed to do it? Stornoway got his facts from somewhere, so there must be legislation or something stating this. 2. Is this 8% thing limited to banks? 3. There must be a tipping point when banks cannot create any more "money", ie when the reach the 92% mark. What happens then? Has it already happened? What are the consequences? Personally I can actually live with the banking system creating wealth/debt providing that it is sustainable. I'd like to know more about the rules and how they relate to the mess the country is now in. Any answers, or places to research this would be welcome. And thanks for the insight.
  10. SUCCESS!!!!!!!!!!!!!!!!!!!! From NatWest... Thank you for your patience whilst I have been investigating your recent complaint. Please accept my sincere apologies initially, for any distress and inconvenience you have been caused by the problems experienced with your Personal Loan recently. We would not normally permit a customer to make their monthly loan repayments from an account that is not held with ourselves, and this is due to the problems that can be experienced in such situations. However, I fully accept that this should have been explained to you at the time of your request to cancel your direct debit instalment. I also acknowledge that the way in which we closed your loan account, and placed your Current Plus account into an unauthorised overdrawn balance by deducting the sum of £xxx.xx on 17 October was an unacceptable standard of service. I have arranged for any charges and debit interest caused by this debit to be refunded or waived respectively. I have also arranged for any adverse data held by the Credit Reference Agencies (in relation to the difficulties experienced with your loan since you began making alternative payments in May this year), to be removed from their records, although I must ask that you allow sufficient time for this to be updated. Once the above noted entries are passed, and your cheque for £xxx.xx clears, I can confirm that we will close your account as requested. In view of the above mentioned problems, and the time you have spent in an attempt to resolve them, I have enclosed a cheque for the sum of £50 by way of compensation. I hope that this meets with your satisfaction. Once again, I am sorry that you have experienced such a lapse in our standard of service. I trust this now resolves the matter. We enclose our leaflet "Customer complaints... Whatever you decide, I am very sorry that you needed to contact us in the first place, and I am grateful to you for bringing this to our attention. --------------------------------------------------------------- Wow. Thanks all. Couldn't have done it without you. Take note that it pays to keep these large corporations on their toes and do not let them try to walk all over you. If you are in the right, don't let any staff try to convince you otherwise, and take correct procedures to politely and sternly request the situation be corrected.
  11. Can someone confirm that this is ok please? Whereas I have been a customer of Natwest Bank plc for approximately 20 years and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998 Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the issues raised in my complaint to you dated 10 November 2008. This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted. This is in addition to any rights which I may choose to enforce under the law of defamation
  12. From here Data Protection Act 1998 (c. 29) 7 Right of access to personal data (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled— (a) to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller, (b) if that is the case, to be given by the data controller a description of— (i) the personal data of which that individual is the data subject, (ii) the purposes for which they are being or are to be processed, and (iii) the recipients or classes of recipients to whom they are or may be disclosed, © to have communicated to him in an intelligible form— (i) the information constituting any personal data of which that individual is the data subject, and (ii) any information available to the data controller as to the source of those data, and (d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking. (2) A data controller is not obliged to supply any information under subsection (1) unless he has received— (a) a request in writing, and (b) except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require. (3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks. (4) Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless— (a) the other individual has consented to the disclosure of the information to the person making the request, or (b) it is reasonable in all the circumstances to comply with the request without the consent of the other individual. (5) In subsection (4) the reference to information relating to another individual includes a reference to information identifying that individual as the source of the information sought by the request; and that subsection is not to be construed as excusing a data controller from communicating so much of the information sought by the request as can be communicated without disclosing the identity of the other individual concerned, whether by the omission of names or other identifying particulars or otherwise. (6) In determining for the purposes of subsection (4)(b) whether it is reasonable in all the circumstances to comply with the request without the consent of the other individual concerned, regard shall be had, in particular, to— (a) any duty of confidentiality owed to the other individual, (b) any steps taken by the data controller with a view to seeking the consent of the other individual, © whether the other individual is capable of giving consent, and (d) any express refusal of consent by the other individual. (7) An individual making a request under this section may, in such cases as may be prescribed, specify that his request is limited to personal data of any prescribed description. (8) Subject to subsection (4), a data controller shall comply with a request under this section promptly and in any event before the end of the prescribed period beginning with the relevant day. (9) If a court is satisfied on the application of any person who has made a request under the foregoing provisions of this section that the data controller in question has failed to comply with the request in contravention of those provisions, the court may order him to comply with the request. (10) In this section— “prescribed” means prescribed by the Secretary of State by regulations; “the prescribed maximum” means such amount as may be prescribed; “the prescribed period” means forty days or such other period as may be prescribed; “the relevant day”, in relation to a request under this section, means the day on which the data controller receives the request or, if later, the first day on which the data controller has both the required fee and the information referred to in subsection (3). (11) Different amounts or periods may be prescribed under this section in relation to different cases. Hope that helps.
  13. Still struggling on the S10. Re my letter, someone pointed out to me that since they took action on my request and cancelled my direct debit, accepted my standing orders as acceptable payments, and for 6 months never pointed out to me that any of this was unacceptable, it could be an implied change of ts&tc. I'm throwing that into the letter too, as this would make their enforced closure term an unenforceable one, hence the charges were created unlawfully, un-necessarily and unfairly.
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