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  1. Hello all, I have recently been awarded a judgement by the FOS against an FCA regulated company for not providing a service I had paid for. The company in question now wants to pay the award in monthly installments. They initially offered to repay over 3 years. I rejected that outright because it's far too long, and the Ombudsman will not get involved if I agree to a payment scheme and the company fail to pay. Now the company has offered a new repayment plan to repay in 12 months. This is far more attractive as they claim they cannot pay it all in one go but based on past experience with them I have doubts as to their sincerity and honesty. Could someone please advise me if there is some way I can get guarantees that the sum will be paid and what my options would be were they to stop paying before the full amount is repaid? Any advice/suggestions will be most appreciated. Regards Scara
  2. I bought an item from Etsy about a month ago and since I have been going back and forth with the seller because it never showed up. They showed me a proof of postage with my postcode that they had generated from the post office (no tracking) and this sufficed for them to win the non delivery case. The seller and Etsy are telling me it is my responsibility since they can show they shipped it. I am new to Etsy but this is a stark contrast to eBay who hold the seller responsible until they can show proof of delivery. I do not know what to do but file a chargeback which I am feeling isn't worth the hassle for £25 but I am furious! They didn't even try to help or contact Royal Mail or file a lost item case at all. I have asked at the delivery office and nothing is being held for me there or misdelivered to neighbours. Non-delivery can only occur when a seller receives payment and fails to ship the buyer's order. It seems that this purchase has, in fact, been shipped by the seller. If the shipment hasn't been received, it may have been lost or delayed in the mail. We realize this type of situation can be difficult for all parties involved. However, Etsy is unable to hold a seller responsible for shipping delays or errors, as long as the seller is able to prove that they shipped the order. As the seller has provided sufficient proof of shipment, we must close this case. Although the case is closed, you're welcome to work together to resolve this transaction outside of the case system. We recommend that you contact the shipping service for assistance with locating the package.
  3. Feb 2016 a purchase was made following a telephone call to the seller for advice and to confirm the correct parts were ordered for my vehicle registration on eBay with PayPal for £289.97. Shortly after fitting the clutch, it failed. The seller refused a refund or to cover mechanics costs, instead charged me to return the kit for warranty replacement. The replacement parts actually consisted of one new flywheel and other used parts with visible contamination rendering them unusable in several mechanics views, and missing all fitting bolts. The seller told me to get bolts and he would refund costs, but in trying to do this I discovered that the supplied item was not actually as described but a cheaper model for a lesser powered vehicle, hence its premature failure. I re contacted the seller to request the collection of the kit and delivery of the correct kit as originally ordered. The seller refused to do this, even asking for more money to correct their supply mistake. Failing to get satisfaction I raised a PayPal dispute. They were great all be it a little slow, fully investigated the case, looked at pictures of the part supplied compared with the actual part advertised (confirmed with two independent suppliers) and found my case worthy of a refund under Buyer Protection. This happened Jul 2016 after everything had been returned to the seller at my expense. Last week (Jul 2017) I get served a county court claim, addressed incorrectly, for £489.97 plus court fees, claiming the warranty replacement to have been damaged beyond use (a solid flywheel, returned as supplied) and assigning a £200 value to what they even describe as a free of charge item in the particulars. They also listed the person that fitted the clutch as a co-defendant, claiming he trades as a Limited MOT company, that is totally wrong. I have acknowledged receipt and now have a few weeks to present an online defence. PayPal say he doesn't have a case as we both agreed to their T&Cs and to abide by their mediation should a dispute accour. They also say the seller had the chance to contest and ruling from PayPal under Seller Protection which if won/agreed would have seen a fully reimbursement from PayPal. Obviously I am not privy to the facts of this. Doing research into other buyers being taken to court by this seller (there are many), it seems that there is a pattern of providing evidence inconsistent with the truth and trying to evade CRA2015 by claiming a trade sale not private at distance. Is there any precedent case I can quote to help defend myself? Has anyone had similar experience and won? Thanks
  4. Hi , I am writing this on behalf of a friend. Original CCA request to M&S in early 2013, not complied with and an application form received , ( and more card 2004. ) This was passed to First Credit, my friend had housing issues so did not become aware of the correspondence from them until a claim form from Northampton. I helped her with the defence, no CCA. I spoke to the legal dept at First Credit as friend received another copy of the Application form, and they say they have now complied with the CCA. The 'Lawyer' from first Credit said they believe they have enough to argue at court , she said did I know about Carey V HSBC 2007 and that having signed the form it means the T&C are complied with. At the moment Allocation Questionnaire is completed and awaiting a Court for the hearing. I know this is wrong, I thought no CCA was a complete defence but am not sure what arguments/casework we will need to present at Court.? Any help would be gratefully appreciated. Kindest Regards
  5. Simple really, Ombudesman has made adjudication in my favout and part of that is for Scottish Power to cough up £100 and an apology within 28 days. they have failed to do so so I am now wondering about my next step, go back to Ombudsman for determination (equivalent of court order) or go after them myself. awaiting copy of credit file from 1 of the CRA's nothing on the others though but they were threatening to report a debt. It stems from them getting their customer files confused and sending bills to wrong house so for the DAY I was their customer I havent had a bill buy they wanted hundreds for fuel supplied to another address that i have no relationship with. Anyone had a similar problem with emphasis on the ignoring ombusdman bit?
  6. After over 12 months, the court hearing between Lowell Portfolio 1 and myself has been found in there favour of the DCA, although rarely posting on here I have found in the past that DCA are normally unsuccessful in the court and use court action is used as a threat as the DCA. From the issue of court papers which was to incorrect with the usual lack of information set out, to CCA and CPA requests which was sent finally sent 2 days before the court date 8 months after requested, I followed the procedure as recommended by others who have been successful but the court still found in favour of the DCA!
  7. I recently purchased a giant fish tank from eBay. It was advertised as fully functional and the complete set up. I inspected the item before purchasing and it looked OK. Got it home and paid a professional firm to deliver it in one piece. Although it is a beautiful tank it is not functional. When I took the filter to the fish shop, they opened it up and found it was so dirty and worn it would not function. All our fish died. It was advertised with a heater but none arrived. eBay said because I inspected before purchase I have no case. The faults are not visible on inspection and I had no idea the filter was so badly damaged just looking at the outside of it. I am a fish keeping novice and did not even think to look inside. When I inspected it I saw the heater but the item was never handed to the delivery guy. I spoke to eBay yesterday who verbally said I would get a refund, but today got an email saying my appeal to the resolution case had been denied. I phoned and asked about the eBay representative saying this to me. They say they have notes of the call but the refund was not mentioned! Now we are in a pickle. We have a giant hulking tank we do not want and have spoken to Citizen's Advice today and been told we have a case under the SoGA as the item is not functional. The vendor has texted me today telling me never to contact them again as the case is closed. I have sent a pre-legal letter but doubt I will get a response. My question is what to do with the hulking great tank. I spoke to the removals firm today and they do not want to take it back as there is a good chance the vendor will refuse to sign for it and then they will have to bring it back to us again! I have put in the letter that they have 14 days to respond but we only live in a tiny house and need the item gone so we can purchase a functional tank. The expert at our shop has advised we do not put any more fish in this tank as they will just die. If they fail to respond what on earth do I do with the tank? It is too big to go in my car. Shall I sell it on but being honest about the faults and deduct this amount from the court claim? Shall I just get a man and van to dump it down the tip? I have no clue I just want the "tank of death" out of my house.
  8. Hi everyone, I have some question regarding child tax credit (CTC) and would be most grateful if you could help. Going back to oct 2013, I appealed against a decision where HMRC didn't pay the disability elements of our child's tax credit for 1 full year during oct 12/oct 13. My child at the time was on high rate care and mobility. After a lengthy battle, my appeal has been accepted my the tribunal judge in my favour. It was my first time at the tribunal, so I was extremely nervous. In fact I was that nervous, I forgot to ask what happens after the appeal. This is what the judge has written in the appeal letter:- DECISION NOTICE 1. The appeal is allowed 2. The decision made on 01/10/2013 is set aside 3. The tribunal is satisfied that the appellent did notify the Tax Credit office of the reinstatement of his daughters DLA on the 14th of Dec 2012. The enhanced payments including the severe disability element should be reinstated from then. For now I have a few questions:- 1. The letter states that the tribunal has no powers in enforcing them to pay, so how does it work? 2. Can they still appeal against the judge's decision or are they not allowed? Thank you
  9. Hi there, First time posting here but looking for some advice if at all possible. I've been successful with a number of claims and I've had a claim outstanding with the ombudsman for a while. The background to the story was I found a letter telling me I had PPI on a mortgage I held with the Clydesdale Bank, Initially I wrote directly to the bank who told me they looked at my claim and while I did have a PPI policy it was not mis-sold. I disagreed with this and wrote to the ombudsman for a ruling. I received a response after 8-9 months saying they had reviewed the case and had decided to uphold my complaint and that the bank had 8 weeks to make an offer to me based on their findings. After hearing nothing for almost 3 months I contacted them this week to find out if any updates had appeared on my case. I was told that there was an update stating that the bank had disputed their findings and had provided new evidence which now needs reviewed. This can take 12-18 months again as the whole process goes back to the start again due to this. Has anybody ever had any experience of something like this where initially the ruling is in your favour but then goes back into dispute due to the bank suddenly uncovering new evidence to support their claim? Thanks
  10. Hi I phoned ESA on Monday to see if I would be receiving my payment today and whilst on the phone asked if they could tell me about results of medical and operator said the decision has gone in your favour. Had letter today failed medical zero points so phoned them again call centre had no record of sending me a failed letter out and took details for them to contact me back and no decision has been made. What is going on with these people I even asked him again "so the decision has gone in my favour" he said "yes the system has not updated yet and your file is with the payments section a letter is in the post" Benefit delivery centre said no decision has been made although I got zero points decision maker can overturn medical report and award ESA . So my question whats the best way to go about putting a complaint in. Thanks for any replies in advance Suebear
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