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Everything posted by Sneaker

  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.
  14. Hi, No help here, but I can only sympathise. Natwest closed my loan account too without telling me by taking money from an account with no funds in it, sending me overdrawn and creating charges. In your case I think they might be using some offset clause. You need to read through your ts&cs to find why they might have done what they did. You may then be able to fight that "unfair" clause. Good luck and I hope someone is of more help, and I hope you get your money back soon.
  15. Ok, it's not quite how it seems. I know it's a bit of a long story, but please bear with me because I think I need help. My letter to Natwest goes like this, from which you get the story... " I would like to complain about the appalling way my loan repayments have been dealt with and how my telephone complaint has been handled. I will outline the events as I see them: 2007 I stopped using my Natwest current account. I continued to put enough money in to cover the loan direct debit. Early 2008 I realised that in order to make the loan repayments I was having to transfer money from my First Direct current account 8 days before the loan was due to be paid because of banking clearing days. I tried to cancel the direct debit and setup a standing order to transfer funds directly from my First Direct account to the loan account. I had problems cancelling the direct debit and was told I would have to put my request in writing to my branch manager and he would cancel it. 29 March 2008 I wrote to my branch manager. See attached letter. Since that date I have never heard anything from Natwest regarding this. The direct debit appeared to have been cancelled and the standing order was being accepted. 5 November 2008 I received a letter from Natwest stating a £28.00 charge and some interest due to an unarranged overdraft would be taken from my current account. This came as a shock as I have not used the current account. I telephoned Natwest and was told that the final November loan repayment had been taken early. I was told that the loan repayment would be reversed, the charges and interest would be reversed and I was given a verbal apology. I requested an explanation as to how this could have happened and was told that a concern would be raised on the account and I will hear from someone within 48 hours. 7 November 2008 48 hours had passed and I had heard nothing so I telephoned back. It appeared that no such concern had been raised on the account and that it could be done today. I agreed but said I would also be making my complaint in writing. After further discussion I discovered that the direct debit had continued to be requested and had been bouncing every month. I was also told that the October loan payment taken from my current account was not and would not be reversed as I was previously told. 7 November 2008 During a further telephone call to that I made to Natwest I was informed that the final payment was taken as a forced payment to close the account due to there not being any Natwest direct debit in force, this being a breach of the terms and conditions. I was also told that the charges and interest would be re-instated. I am absolutely fuming and disgusted with Natwest at having not resolved the direct debit issue in a timely manner which has now lead to these recent events and at misleading me on 5 November. Had I not telephoned a second and third time, I would not have known to cancel the final standing order payment, which I have now done. I would like to be informed in writing of the following: Why the direct debit cancellation issue was never pointed out to me, even up to the date that the closure of account was enforced. As far as I was aware, the standing order was being accepted and all was well with the loan repayments. If the cancellation of my direct debit constituted a breach of the terms and conditions of my loan, why this situation was allowed to persist for such a prolonged period of time. Why the decision was made to close the loan account in such a way, without first discussing the situation with me. Why the choice was made to force the final repayment, move my account into overdraft and impose an unlawful bank charge on me. That all charges and interest in respect of this matter will be voided. That my credit rating will not be affected. Why I was told that the October direct debit would be refunded. Why my concern was not raised on the issue on 5 November. I would also like a written apology and ask that Natwest consider a contribution by way of compensation to my levels of stress, and my time on the telephone and writing this letter. I was told to address my complaint to the customer relations manager. Your online complaints procedure states to address complaints to my branch manager, so I am complaining to both. I hope to receive a satisfactory answer swiftly. In the meantime, I am aware that I still owe Natwest for my final loan repayment, for which I now enclose a cheque. Again, please ensure that no charges or interest are taken in respect of this matter on the current account as it should now stand at nil. I also enclose a Section 10 notice of the Data Protection Act 1998 in order to protect my credit rating. Your debt management department have said that you will forward this to them." When they get this and bank the cheque, all that will be left are some arguable charges and interest on the current acccount. I'm struggling with the S10 notice. It could already be that I am bad-creditted when they took the decision to close the loan account as I was in breach of ts&cs, and that has nothibng to do with the s10 notice re bank charges, although I'll need that s10 too, although the charges at the moment are within my od limit so they're not asking for them or bad-crediting me on them, esp when they clear the cheque. Do you see, I'm now confused? It's the wording on the S10.
  16. My post this morning knocked me sideways. I'd received £28.00 in charges and some interest on my NW account. A loan payment of £425 had been taken from my current account on 17 October. My current account had no funds in and only an overdraft facility of £200.00. 1. I haven't used my NW account for a couple of years. 2. I wrote to NW on 29 March 08 asking them not to take repayments from my current account as I would pay by SO from my First Direct account. They did as requested. 3. On 10 October my loan repayment left my FD account and hit the loan account (prob 3 days later). 4. The money NW took was for November's repayment to settle the loan account, being the final payment. How can they take the money early, of their own accord, with no authorisation, from an account with no money in it? I called them, and they agreed it was a mistake, put it right, reversed all charges and interest, and apologised. All I'm waiting for now is an explanation of how this happened. I'm supposed to get a call within 48 hours. I suppose it's one way to create bank charges. Unfortunately I am fuming and will not stop until I get a full explanation as to how this happened.
  17. Just an update. My daughter has asked me to do nothing yet, so that's what I'll do. She's found this website RateMyTeachers - Teacher Ratings by Students and Parents and I think there are a few comments on there about him, so 1. she knows she's not alone in her views on him, and 2. can post a comment.
  18. Absolutely. This guy is trying his best to get "down to their level" and all he ends up doing is alienate the kids. I know of 1 other incident that was reported by a parent about an inappropriate joke he told the class. I don't want the upheaval of a massive complaint but think the head should be aware as has been stated. Hopefully I can achieve this then. I just wanted to check that I wasn't over/under-reacting.
  19. Hi folks. I've an issue and it's not a consumer one, so I've put it here, but I was hoping for your advice. My 15 yr old daughter went to a party - no problem. She kissed a boy - no problem. She was caught on camera, no face showing - no problem. Someone put it on their facebook / bebo along with all their other party photos - no problem. Here comes my problem. A teacher at her school somehow got / was given a printout of this photo and put it on his whiteboard and wrote a comment beside it during afternoon tutor group. Basically she was sat on a swing with the boy and the comment said "[her name] obviously didn't see the other swing". This teacher thinks he's funny and desperately tries to get "in" with the kids. My daughter only saw the photo accidentally. She wasn't around at the time it was put up as she's not in the teacher's tutor group. She was upset that she wasn't present to defend herself when she was the butt of the joke, and that it could have been there for quite some time for all to see before she found out about it. Normally she can take a joke very well. I personally don't think he should have done what he did and I haven't raised any issues yet. I don't know if I should request that the teacher apologises, leave things alone, or whether it's more serious than that. Just thought I'd get some views first. so, could I have your views please?
  20. Thanks. Yeah I just found the small print. 30 days. The guy confused me on the phone. He said this was the last day of the sale and the sale ends today, so he's doing me a favour by giving me sales prices. Confused. Anyway, I'll make em stick to the quoted price. Cheers Guidot.
  21. Hi all. I've just received a verbal quote for a carpet. I asked for it in writing. He said he could give it me in writing but the sale ends today and prices go up tomorrow. If I have this quote at today's prices, do they have to stay with that price, or can they increase it? This is a quote not an estimate.
  22. 2 cheques arrived while I was on holiday totalling a grand sum of £20.16. Can a mos please move to successes. Ta.
  23. Further to this, I received the phonecall they promised. I couldn't take the call but they left a message stating that they will be refunding my PPI back from 2002 to my account. Maybe they saw that I had never asked for this, and that I had actually stated in the beginning that I had said no to PPI. Anyway, I'll wait to make sure it hits my account, but not so bad a result, and not much of a fight either. Maybe I'll stick with them after all. ihatelowell - I imagine the answer is no, but probably best to start this in your own thread. Thanks adamski.
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