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  1. Hi can anyone tell me who is responsible for the cost of returning a faulty item ?? I bought a watch from an ebay seller that arrived not working. The seller tried to resolve the problem by sending me a new battery but the new battery made no difference the watch is obviously faulty. I have raised a dispute with paypal who have messaged me today saying i am entitled to a refund once the watch is returned using a postal service that is online trackable. Paypal also say i am responsible for the postage costs. I thought the sale of goods act says the seller is responsible ?? Any advice much appreciated thanks. Steve.
  2. Hi DX100, would you agree that my best course of action is to ring the breakdown company tomorrow and explain that i do not require the cover and ask for a refund ?? I was wondering if i could use "A cooling off period" tactic ?? Also regarding the actual payment being allowed to go through in the first place, could you advise if you think this is the sort of thing that can happen in banking sometimes ?? At the end of the day the cancelled card details are the only details the breakdown company were given 12 months ago, ie 16 digit card number, valid from date and 3 digit security number. I did not give them my bank account number or sortcode. It seems bizzare to me that a card cancelled due to fraud can then allow months later a recurring payment to go through or am i missing something here. Am i being too simplistic here imagining someone at the breakdown company entering my card details into some sort of computer or card machine and the payment goes through. how can that happen ?? Thanks Steve.
  3. Nothing at all. To be precise it was not me who cancelled the card it was Santander. I got a phone call from santander fraud team in september last year asking about a transaction that was being attempted in albania using my card details. When i assured them it was not me they said that my card would have to be cancelled as fraudsters had obviously stolen my details. They said a new card with new 16 digit number and security number on the back would have to be issued. There was no mention from the santander operative about any recurring payments i may have on the card. Thanks.
  4. Thanks for the reply folks. Unless im missing something here im still not sure whether i have a case here or not. Your replies certainly give the impression that i do. Ive had a good read of your post DX100 and to be honest im still not sure if its me who is at fault here. Just to clarify, I took the breakdown cover out a year ago on the full understanding it was a recurring payment unless i cancelled it. I did not cancel the payment either with the breakdown company or my bank, i simply relied on the fact that the card details held by the breakdown company were for a cancelled card and would no longer allow the payment to go through. Do i still have a case to ask santander to get a refund for me if the breakdown company refuse ?? Thanks Steve.
  5. Hi folks just looking for some advice with this one. I took out car breakdown membership one year ago and paid for a years cover in full using my debitcard. I was advised at the time that this was on a yearly recurring payment basis unless i cancelled. 6 months ago my card details were somehow obtained by fraudsters (luckily i did not loose any money) santander completely cancelled my old card that i had used 6 months earlier to buy the breakdown cover and i was issued with a new card with new 16 digit number. A few weeks ago the breakdown cover renewal letter landed on the doormat saying they were taking x amount using card ending and quoted the last four digits of my old cancelled debitcard. I had already decided not to renew the breakdown cover but i did not inform the breakdown company as i was confident they would not be able to collect payment using my old cancelled card ?? Low and behold i have checked my account online and the payment is in the system waiting to come out of my account. I have rang santander and they claim that the breakdown company have used the card number from my new debitcard not the old cancelled card. They advised me to ring the breakdown company to see if they would agree to a refund. The breakdown company are not available until tomorrow (Apart from breakdowns of course) But i am certain if i ask them for the last 4 digits of the card they have used to collect payment they will quote my old cancelled card. As stated earlier i also have it in black and white that they were going to collect payment using my old cancelled card. The last time i had any contact with the breakdown company was a year ago when i took out cover, i have not had a breakdown all year and have never been in touch with them, it is impossible for them to have my new 16 digit card number. Anyone had a similar situation or can offer an explanation or advice would be much appreciated. Thanks Steve.
  6. The last payment i made was just an ordinary months payment that was due, then i never paid again as the payment amount was getting too much for me. I never acknowledged the debt either after that last payment i ignored all phone calls and letters. As for the CCA request, the transaction sheet was all i got with a promise of more documents to follow once they had been in contact with the original lender. That was march 2014. Not a sniff of an agreement.
  7. The transaction sheet goes back to 2006 but shows last payment on the account mid march 2009.
  8. CCA request sent and received by lowell in january 2014. Letter received from BW April 2014, (After i had applied for set-a-side but before a hearing date had been allocated) the letter said it "Enclosed documents requested". Enclosed was one sheet of A4 paper with my name, DOB, an account number, an account opening date, a default date, current balance a summary of transactions in the last 6 years and a detailed summary of transactions from the last 3 years. So detailed that this all fitted one one side of an A4 sheet of paper. The letter closes by saying "We are still awaiting further documents from our client which we will forward to you upon receipt." Needless to say i assume they mean the agreement and needless to say again nothing has been forth coming.
  9. No ford not a mention of bankruptcy, in fact i have not had any correspondence which even mentions the fact that my set-a-side was dismissed and they had in effect won that part and were therefore free to petition for my bankruptcy. The 2 letters i have had from BW since the hearing are both worded as though a stat demand had never been issued and they are chasing a debt by " Normal means" eg threat of county court CCJ etc etc.
  10. Hi gazbo think i can remember following your stat demand thread last year. I have looked at your letter and guess what ??? Exactly the same as the one i received this morning lol. I too have until the 28th may. It seems BW have done the same for you as they have for me. They have left it so long since the stat demand hearing that our debts have become statute barred. It is now over 6 years since a payment was made to my account also. I too have been advised by andyorch that stat demands do not reset the SB clock. Me personally think i will just sit back and wait for there next move if there is one, how about you ??? Dont know if you followed my thread re my stat demand, drop in and have a read if you get time, my application was dismissed, it still annoys me to this day the dirty trick they pulled on me and the way i was treated by the court.
  11. In that case andy I believe that the last payment to this account was made in october 2008. However the statement of account that BW/Lowell have provided shows payments made upto march 2009, but i believe payments listed nov 08 to mar 09 are payments that were due but not paid, but either way even if the last payment was march 09 surely this account is now statute barred ??? Another point to make is that the statement of account claims that the default date is 9/11/09 ??? Any thoughts andy barred or not barred lol ??? Thanks
  12. Those were my thoughts as well andy lol. Quick question andy, does everything that has gone on here eg stat demand served, set-a-side application and subsequent dismissal of the application reset the statute barred clock ??? Thanks.
  13. Hi guys update time. I recieved a letter from BW Legal in July 2014, about a month after my stat demand set-a-side hearing. The letter is the usual stuff demanding payment to their client etc. It threatens county court action but does not state in what form. Again this letter states that after reviewing the matter with their client a decision has been made to withdraw the stat demand. Seems funny to include this sentence again seen as some 4 weeks earlier i had my set-a-side dismissed so in effect BW Legal/Lowell had won that part of the battle ??? Nothing heard since until this morning, another letter from BW. In bold below the date it states "without prejudice" It then asks me to fill in the enclosed income and expenditure form with a repayment proposal. It also has enclosed a statement of the account and notice of assignment both of which i have had copies of before. Just to remind you folks lowell are still in breach of my CCA request from January 2014. The last sentence in the letter reads "If we do not receive a response from you by 4pm on or before 28 May 2015, we will make the appropriate application to court without any further notice to you." Any thoughts guys especially on that last sentence in their letter ??? Thanks
  14. Ok thanks for the info DX. On some of her claims the 8% is actually more than the PPI and its associated interest, so doesnt look as bleak as i thought she should still get a fair sum back. As for the tax im assuming your not too sure on the reclaiming criteria so i will look into that further. Once again thanks for your help.
  15. Yes the accounts are in arrears no payments made for a number of years in fact they were about 15 months off stat barred. I guess the ex has timed her PPI reclaim badly with natwest she should have hung on for 15 months or so. an they use the whole of the PPI award to offset or only certain elements of it ??? By that i mean the PPI premium itself, the interest paid on the PPI and then obviously the 8% interest ??? As for the tax i assume there is certain criteria to be met to be able to make a tax reclaim ??? If so is not earning upto your personal tax allowance one of those criteria ??? Heres hoping. Thanks
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