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alvinlwh

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Posts posted by alvinlwh

  1. True you are correct, but the issue discussed here is the human right issue is a wierd one. Look at those junkies taking the government to court for not giving them drugs in jails. Now isn't that the same issue as not allowing smoking? Drugs is an addiction, so is smoking. And, if like you said, smokers can chose not to smoke, then junkies can also chose not to take drugs. Then what is the human rights issue there? I bring in the handicaped example because it also relates to human rights issue.

     

    Also the side issue is banning something just because someone else find it disgusting, is not a good reason. I could, FOR EXAMPLE, find someone in a wheelchair, head to one side, dripping form a corner of the mouth disgusting, and should they be banned from public place just because of that?

  2. Nobody is saying she can't smoke, just that she can't smoke on their premises. You can do what you like in your own home.

     

    Ok maybe I am reading this wrong, don't shoot me. You are saying you can do what she like in her own home, but not on their premises. They can set whatever rules they like on their premises. But they cannot, human rights still covers their premises, which the DDA I used as an example.

     

    Now they are not allowed by law to block someone in a wheelchair into a building, why should they block someone with a cigarette outside the building?

     

    I am not sure if there are any test cases about smoking and human rights. Some will ague that smoking is disgusting, and shouldn't be allowed near the building. So how about someone else finding a disabled person is disgusting and shouldn't be allowed into public places? THIS IS JUST AN EXAMPLE!!!

  3. Got a very Special Delivery today, got here even before I am out of bed. So just picked it up from the post office.

     

    Looks like Mr Derek McKinley believe that I have no grounds of action against the bank, but at the same time find it is not commercially viable or cost effective for the Bank to defend. :rolleyes: So in short, they had given up! :D Behind the letter is a cheque for £364.07 in full and final settlement!

     

    Case closed!

  4. Nobody is saying she can't smoke, just that she can't smoke on their premises. You can do what you like in your own home.

     

    Not really true. The law also states that they have to provide disabled access (deaf, blind, wheelchair, etc). Now if their premises = their homes and they can do what they wish, how come fines are given to premises that did not provide for disabled access?

     

    Not trying to fight for smokers' rights issue here, but it is more about human rights issue, which is alot of nonsense I feel. Like junkies can sue the government for not paying for their drugs in jail.

  5. Firstly: If this is a "well known [problem]" then I'd have thought there would be protection against it - in the form of insurance etc. Paypal have a lot of peoples money and are making a healthy profit from it - they should have responsibilities towards their customers - however naive.

     

    Well you have thought incorrectly. If you read the terms in Paypal, you would realised that the seller (or person getting the money) is the least protected. For example if you actually sent something, and the buyer claims it had not arrived, you MUST produce the recorded or special delivery number. Prove of delivery will not work. I am not saying you are wrong here but I myself had been pretty :-x with Paypal/eBay before too.

     

    Second - why not contact me for information rather than just informing me that they've taken money back with no explanation?

     

    Have you actually tried communicating with Paypal/eBay? They don't care! They are just out to make money. Have a root around the eBay forums and you will see! People are :-x with Paypal/eBay on their own forums!

     

    Thirdly - Why has it taken a month to instigate this investigation - long after I would have processed the transaction - whatever it had been?

     

    I wouldn't know my card had been used without my permission until my next statement arrive, and that takes a month (depending on the date when it was used). Only then can I alert my bank/card issuer. Unless I check my credit card account online everyday that is.

     

    And finally - They have address details, bank details and contact details for the guy who has committed the fraud and who has been the recipint of the money - they are also able to put MY account 900 into the red - why are the funds not recoverable from him? If I paid for a motorbike (for instance) with a didgy card and was found out - would the money be recovered from the bike shop or from me?

     

    Yes you maybe able to get your money back, but from him not Paypal. It is your account and you allowed him to use it. Therefore it is an agreement between you and him (even to the point that the court would say you are in it with him! Be warned here!) so therefore it is up to you, not Paypal to get it back.

     

    It sucks, I know, to be played out by a person who you thought is your friend. But like I said, you thought wrong. I know that feeling too. I myself is also looking into ways of getting my money back from an ex-friend. Therefore I wish you luck in your case. Do post on what goes on next.

  6. Firstly it would not be up to the police, but the CPS to decide whether to prosecute. The chances of this happening for such a small amount are slim, but the risk remains, and it is often better to let the Banks carry the risk than be a part-time banker" and carry the risk of fraud by yourself.

     

    Yes, but it is also up to the police if to bring it up to CPS or not.

  7. as you leave yourself open to accusations of money laundering, even if you didn't know.

     

    I was informed by the police that even if I say I do not know, it will NOT stand up in court (for stolen goods not money laundering). Anyone can confirm this? Luckily it never went anywhere near court for me, but its a £320 lesson.:(

  8. I have done nothing wrong or illegal - and have used Paypal because they're supposed to be secure and safe. Surely they should a) be insured against this type of thing, b) get the money back from HIM not me, c) have investigated it at the time - not 1 month after I've withdrawn the cash???

     

    You could be receiving or handling stolen goods (or money in this case) and that makes you as guilty as the thief. I had learnt this the hard way.

     

    Paypal have NO protection for the seller in cases of chargeback. I think Nochex does offer that.

  9. There are two types of scheme, those run by the networks (minority) and those run as cashback schemes provided by dealers and/or distributors. In the former case, the discount is provided as part of the contract, however the vast majority are in fact 'private deals' that are arranged 'on the side' of the main contract, and without any reference to it.

     

    I had one moneyback scheme by O2 (i.e. I got from a O2 shop) but the cheque sill come from a different company at the end of month 6. The good thing is that by signing up at an O2 shop is they are unlikely to go out of business unlike some tiny shops down a dark alley.

  10. Although you are totally correct, but since she is currently working, the court can order her employer to pay me a cut of her pay right? Knowing her, the court letter should be enough to scare her into action and entering into a payment plan with me instead of telling me to sod off. She knows she cannot tell the court to sod off. Worst case is she will have to quit from her job to avoid the courts completely. Correct me if I am wrong here, then I can get the courts to enter a judgement, and if in the future I managed to track her down, the court order still can be enforced right?

     

    Thing here is (even though it maybe morally wrong) is to show no mercy. Some may think I am wrong in putting so much pressure on her, but after what she had done? Personally I don't think so. She had been unreasonable in breaking my rules and bringing a troublemaker into my house to trash it, if I get a judgement, I can harrass her at work with the court's blessing.

  11. It is more that she may well counterclaim. For instance, she could say that she bought food, cooked it, and let you stay at her place overnight, and then gave you breakfast, all as a method of part repayment. Without a contract, it might be difficult to dispute that this was her way of repaying you.

     

    Will never work that way. Why, well maybe I should let you know a little more about what happened.

     

    She used to work in the same company as me, but got herself fired because of poor performance (late, sick, always on the phone, etc...) At the same time she also got thrown out by her boyfriend. So she was broke, jobless and homeless at that time. I felt sorry for her then which is why I let her stay with me, not me with her, since she don't even have a place. Also she is broke, so I am the one lending her money for food and etc, which she did promised to repay me when she got a job (she did have one now).

     

    I thrown her out of my place because one of my rules is she is to bring no one here (knowing the dodgy characters she hangs out with, I want no trouble). She broke that rule, brought her SOB brother here, who proceed to trash my place up (including smashing my monitor), attacked her and me. The police have to take him away.

     

    Of course that was the last straw, and I forced her out. And when I approached her to get my money back, which she promised to pay, and to recover the things she took from my place, she told me to f**k off.

     

    Now I may not have prove for 100% of all she owe me, but I do have some(ie phone bills with numbers called by her, increase in electricity and gas bills, money paid for goods and services in her name, etc). Even if I managed to recover 50% of £500, that will be better than nothing. And like all the people in the office said, I was kind enough to help her out in her time of greatest need, and yet she take the p**s over me, I should show no mercy.

  12. Hmmm...interesting, banks are actually willing to do that for me? I guess I will give it a try.

     

    I agree that things are hard to prove in court without the signature. I do have some prove of the costs (receipts, bills, etc). While there is no signature, there is also no prove that she had paid me my costs. I believe in a civil court, it is 50-50, and I have to prove it in my direction, which I will plan about if it gets that far.

     

    She is not very smart, as proven with the police incident. The police contacted her by phone, she could have just deny any knowledge of the items she took from me and dump them straight away. Even if the police turns up later, they still could find nothing. But she did not. So I believe a letter from the court will scare her just as badly.

     

    The truth is at this stage, I no longer care what happens to her. I had helped her in her time of need and she is taking the p**s over me.:mad:

  13. You could try writing to her at work or via the bank, asking if there is a reason not to pay the debt....If she owns a car, you may be able to get her address from them.

     

    Via the bank? Don't think her bank would the bank help to pass on my message? And even if they have her address, they will never release it to me. As for reason, well, she is just being a b***h. She also refused to return the items I listed above until I got the police on her. Therefore the time for writing (I had done that via email) is over. She used all kinds of excuses and reasons to try and get out of paying. She even told me to f**k off from her work place and never go back again. So I did not, in case SHE decided to get me done for harrassment. I get the police onto her instead. So now I think it is time to get the courts onto her too.

     

    And no, she don't own a car. Even if she did, how am I supposed to get the address? Through DVLA? I don't think that is possible either.

     

    This person used to work in the same office as me, and everyone in the office said the same thing, you will never get anything back from her, what they didn't know is that I am willing to go all the way. They were surprised when I told them I got the police onto her, and impressed that I actually got my items back.

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