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efunc

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  1. thanks for that. I pretty much presumed that. I guess I'll just have to put it down to experience. It's just a shame that I was hoping to apply for my first mortgage this year.
  2. No, he is definitely a private seller. I know that as a fact. He's been on the same forum I've been on for 5 years. In which case I'm now confused as to whether I have any rights at all if the item I paid for didn't arrive! He has £60 of my money. I know he sent it, but it was lost in the post. He said he kept the postage reciept to begin with but later he couldn't find it. I have a record of all our correspondence and Paypal transaction. He's now broken all communication with me. So will the case be thrown out of court??
  3. I haven't actually checked my record. I just assumed there would be a default and asked them if they'd consider removing it since I have been very good making payments and have been a loyal card holder for over 20yrs! They immediately answered that they could not do that because I had made a transgression. Do you think that was just a stock reply?
  4. Well, I went over my £500 limit by £8.28 and also failed to make a payment on the 8th of Feb this year. On the 13th Feb, as soon as I realised what had happened, I immediately settled the account in full as I do every month. Unfortunately I was charged two £12 penalty charges for exceeding my limit and another for paying 5 days late. The good news is that I called them today, prior to writing them a letter and they agreed to refund the late payment fee in full and half the Over Limit fee. I accepted this offer on the basis that it saved me some letter writing and just leaves me £6 in arrears. However I also asked them if they could lift the 'default' notice added to my credit receord, and they said that wouldn't be possible. Is that correct? I'm guessing it is becuase, after all, I did forget to pay on time.
  5. Why do you say these Acts don't apply to private sales? I'm about to make a claim against a seller who sold me something over the internet that didn't arrive. I was going to make a claim under the provisions of the Sale of Goods Act and the Distance Selling regulations. Am I wasting my time/money?
  6. He is definitely a private seller, if that makes a difference. (Does it?) He's a member of another forum I'm on. What ID are you refering to? thanks.
  7. Funded from my existing Paypal funds, claim filed after 30 days. However, even though Paypal decided in my favour they told me that the seller doesn't have any funds in his account and they will not pursue him for it. Or at least it's only on a 'Best Effort' basis. Alas the £150/£500 guarantee is only valid for items bought on eBay, not other PayPal transactions! I hadn't realised there was a distinction so always presumed I was safe by paying with PayPal. Never again.
  8. What an excellent strategy! Thanks for the advice, I'm pretty sure that will do the trick. I'll report back with a happy outcome in the near future hopefully. First, to read up on what an N1 is...
  9. Thanks for all the help with this so far. The good news is that I've finally tracked down the sellers real name and address through a couple of days of internet searches. Yay! My next question is, in the worst case scenario, could I end up loosing even more money by taking him to court? i.e., when the court finds him liable (which they will) and he chooses to ignore their finding, am I just left with the moral high ground and an empty bank balance?? thanks again!
  10. yes, good point. thanks for the clarification.
  11. Great, thanks for that. Actually this wasn't an ebay sale. He is/was a member of a private forum, much the same as this one. But I'm getting closer to finding his details. I wonder if you'd be able to comment on my second point? Would you say that PayPal are obliged to provide a refund under the provisions of the Distance Selling Regulations? Their T&Cs claim otherwise. (In fact, just today I discovered that my HSBC debit card had been stolen and three purchases made. HSBC immediately refunded the payments when I informed them, contrary to my expectations. So maybe there's room to negotiate?)
  12. so, does anyone know what liabilities a private seller has, and if they're the same as a business trader with regard to an item not arriving in the post? thanks!
  13. thanks for your reply. What aspects of my statutory rights specifically are reduced in a private sale? Are the bullet point's I reproduced in my OP applicable? I'm initially trying to avoid direct legal action, not least because I don't know the sellers full name and address, as is common when dealing through Paypal. I have asked for them from Paypal but they won't supply them without a court order. And I don't know how to get that.
  14. Hello all, new to the forum and straight in with a conundrum. To cut a long story short I bought an item with PayPal for £60 off a private seller on a forum on December the 14th and it hasn't arrived 2 months later. The seller hasn't responded and after filing a complaint paypal decided in my favour. All good so far, HOWEVER, they tell me that they're unable to recover any funds from the seller's account. As an after thought they advise me that they will try to recover the funds if they become available in the seller's account in the future, but the matter is now closed! This obviously isn't very proactive of Paypal. If a VISA payment of mine was defrauded in this way VISA would pay out themselves and then take action on the seller later. ie, pursuing them for the money via courts, bailiffs, legal action, etc. Paypal state in the PayPal User Agreement that recovery of funds associated with a Buyer Complaint cannot be guaranteed but is on a 'best effort' basis. ie they will do nothing! The seller in question informs me that the item has been lost in the post, but that he did not personally loose it and will not issue a refund and as far as he is concerned the matter is closed (he didn't keep any receipts and cannot claim the standard £34 compensation from the royal mail, nor did he send it recorded delivery!). My first question is, does the Sale and Supply of Goods to Consumer Regulations 2002 apply to private sellers? According to this "the goods remain at the seller’s risk until they are delivered to the consumer. Thus the supplier is liable should the goods not arrive." Furthermore "If no date is specified, delivery of goods must be within 30 days of the order. If they don't arrive you are entitled to cancel the order and receive a full refund." If this applies to him I can pursue him through legal action. My second question relates to PayPal's position. Apparently "The Distance Selling Regulations provide additional protection e.g. the card company must refund you if your credit, debit, or store card is used fraudulently and, in many cases in the EU, the law allows you time to change your mind, within seven working days of the delivery, and get a refund.” Does this mean that PayPal are in fact liable to recover my funds and are in violation of the EU The Distance Selling Regulations?? Thanks all for reading this far. All advice is welcome.
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