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Found 13 results

  1. "See you in court" were among my last words during the most recent conversation with the eBay call centre in April 2011. Way back on the 17th of February 2011 I ordered a Macbook Pro which cost £570 from an eBay user who was later removed from their system for being a suspicious seller. The seller received five negative feedbacks in two weeks for attempting to con other eBay members. On the 22nd of February I received a very poorly drafted letter from the seller stating I will not receive the Macbook Pro, and the seller advised me to open an “item not received” case with eBay. The seller tracked this letter through Royal Mail and provided the tracking number to eBay to suggest the Macbook Pro had been delivered, when in fact the tracking number corresponds to the letter and not the Macbook. Having spent nearly ten thousand pounds on eBay in January and February of 2011, as well as being the director of an online consumer electronics store, I was well aware that this letter seemed very suspicious and I did not open an “item not received” case as this would have won in the sellers favour by default. I immediately contacted the UK police and reported this matter to them, who responded with a crime reference number. Shortly after contacting the police, I reported the matter to eBay on the telephone and an “item not as described” case was opened. At this stage, I was assured that I was covered by eBay buyer Protection and I would get my money back. To cut a long story short, eBay decided to close the case in the seller’s favour, despite having removed the suspicious seller from their system. They obviously did not take into account my 100% positive account with over 400 feedbacks on high value items. After appealing the case and contacting the customer service department numerous times, I was continually faced with “we need a police report from your local police station” before they refund my money and if I do not produce this within 3 days, my case will be closed permanently. Having already contacted the police, I was happy to attend my local police station with all the evidence, but was disappointed to find that as part of police policy, they would not write a letter or produce a police report for what is a ‘civil’ matter. The only documentation they could possibly provide was a print out of the police reference which takes 40+ days and wasn’t really what eBay requested. The police informed me that the CAD reference they provided should be sufficient for a reputable business to check the details and in fact EBay were requesting something I could not possibly obtain which is a matter for trading standards. The case was closed by eBay and it became apparent that I was getting further and further away from claiming my money back. As a last attempt, on the 13th of April 2011 I decided to write a letter to both the Dublin and Richmond offices explaining the situation. Needless to say, I received no reply. EBay now have £570 of my money and are effectively refusing to give it back. I am not quite sure how they can get away with doing this. On Tuesday the 3rd of May, nearly three months after ordering the Macbook, I submitted a Money Claim Online through the HM Courts and Tribunals Service using the Richmond EBay address. After researching online, I anticipate that eBay will most probably ignore the court papers. Ultimately this means I would ‘win’ over the next 14 days by default judgement. I understand that eBay will then receive a letter from the court stating that they have lost. They will most likely respond to this by claiming not to have received any paperwork from the court and the default judgement will be set aside. A court hearing date will most likely be set in my local court where I will be given the opportunity to show the clear evidence. I will update the forum when I have any further details.
  2. I've had a MoneyClain from the Northampton BC, Sainsbury's Credit Card/ Cabot - Restons Solicitors). I have acknowledged receipt through MCOL online and I'm filing a defence today. I sent a CPR 31.14 asking for the documents mentioned in the Particulars of Claim. I have this morning received a letter from Restons stating the reasons for not sending me the required documents. I did try to speak with Restons when I first got the claim but their position was pay up now in full or else. Pretty unhelpful and somewhat Cavalier. I must send my defence today but haven't got any documents from the Claimant.
  3. Hiya all, Trying to help my brother out, He has been issued with a money claim alongside a section 8, They are for differing amounts but issued on the same day which is odd I am going to help him out with responding but a quick technical question should a letter before action have been sent to him beforehand? I know it is practice for companies but not sure if applicable to rent arrears? Also worth saying he wrote to LL on date it was issued asking for a rental breakdown as he disputes the amounts ( especially as different from the section 8 ) and it was signed for the day after ( 13 days ago ) he believes the LL has applied his own charges and then implemented them without a breakdown to him. I am assuming he defend it on the basis that the LL has not responded to his asking of a rental breakdown/ any charges applied?
  4. Avoid parcel2go Ltd terrible company, paid for next day delivery service, took 20 days to delivery. If you try and leave a review on Trust Pilot they report it, even though I have proof. Having to take legal action against them now, already gone to my bank to start chargeback, and starting court case http://www.moneyclaim.gov.uk If anyone else is having same problem, and interested in class action, please let me know.
  5. Hey guys and girls! This is my first post, so please be easy In November last year, I had some mechanical work carried out by a large franchise in Leicester and they 'damaged' my fuel pump. Upon collection, It was evident that they had damaged the fuel pump but weren't owning up. the morning after, I took it to a garage in Nottinghamshire which diagnosed it as 'incorrect installation' by the garage who worked on it. I paid for a brand new fuel pump etc and the garage in Nottinghamshire, provided me with a engineers report based on their findings and experience. I then took this document to the garage in Leicester who had worked on the vehicle, BUT they chucked it back in my face and said a few not so good words which worked me up a bit....... I then called my bank and did a charge back and provided the necessary documentation and they agreed and had then refunded me the labour which was paid to the first garage who damaged it. Just over 3weeks ago, the bank took the money back out and told me the first garage had challenged it etc etc so it went back. I then rang the garage and asked in a calm manner, what can be done to resolve this issue and was told, I would get a call by the end of the day but I didn't. A week later, I opened a case on moneyclaimonline and paid the relevant fees and submitted everything. Now today, I've received a letter saying, the defence have filed a counterclaim etc and is for the sum of my original case of £500. I've been really stressed out since I came home in the evening and don't know what to do. I've also thought about walking away from it now, but the letter states that it requires me to fill it in:( . There is also a letter about 'mediation' which I understand is a person who will be like a 'middle man' and will hear both sides before offering a resolution. I've even thought of walking away now and will happily let the garage keep my money etc and just take it as a lesson learnt, but what options do I really have? They filed a counter claim for £500 because 'damaging our reputation'. Surely, if their reputation was so important, they would have resolved it with myself before it got to this stage? Any help is most welcomed as I really am stressed:(
  6. Dear all I have today received a county court claim form from Lowell Portfolio via Northampton, dated 2nd December. The claim is for an old Capital One credit card which defaulted in February 2008, due to being made redundant, falling into depression and the associated problems that go with that illness. I intend to defend it to the best of my ability, on the grounds no CCA has ever been produced, but when logging into money claim on line to complete the AOS, it doesn't show up! I obviously have the correct login details as I can see an unrelated claim (which I defended, and didn't hear anything more) from September 2012. It seems to be saying that the claim number, and or password is incorrect, I'm sure its been entered correctly, there is no scope for mistakes, all pretty simple letters/digits. I have a bit of paperwork from Cap One, and a copy of a CCA request I sent to Bryan Carter and chums, but again never heard anything more, that is aside from a constant supply of statements from Lowell, I was getting so many, I didn't even bother opening them, just binned them of late. I'm suspecting that the sudden interest in me, is if I'm correct, that the debt becomes SB a month or so from default, if this is the case, then the time is up in Feb/March 2014, so they're getting it in while they still can. I will send the paper form of AOS, to be on the safe side, but does that mean I cannot submit the defence on line, if money claim on line are just taking their time updating their system, and the claim shows up eventually. Q Should I send off another CCA request, or SAR, or is there something else I should be asking for as its now on the legal road. I have had a few years DCA free, so I suppose it had to end eventually Any advice, suggestions etc would be gratefully received.
  7. I logged into Moneyclaim this evening to file my defence to Bryan Carter/Lowells. I already logged in 2 weeks to acknowledge the claim and that I was going to defend. Tonight however, after logging in, all I get is And there is no option to file my defence. Does this mean I am too late? Any way around this? I CCA Lowells with a £1 postal order but they never responded with a copy of the credit agreement. Thanks
  8. Hi My wife has received a Court Summons in regards to a Very account that she stopped making payments on due to us having income problems. I don't know a great deal about the account itself, but suffice to say she/we should have engaged in communications with the company rather than just stop making payments. Hadn't heard from them for a while and then the court documents showed up. The amount is for approx £1,600 account balance, plus interest, solicitor fees court costs = £1,900 approx. We are unable to pay this and will probably have to pitch a repayment proposal to them. Before we do this, is there any mileage in filing a defence with a view to establishing the amounts added for late payment fees an interest? Is it too late to do anything? Look forward to your replies.
  9. Hi, I am considering making a Moneyclaim court application on behalf of my partner against Lloyds bank plc for return of unfair bank charges approx 6/7 yrs ago which were refused by the normal process. These charges put her in a spiral of debt which has continued to this day. I need to know who to direct the claim towards at Lloyds bank plc, and whether I should add a claim for mis sold PPI to the claim. Thanks for any help offered, best regards, Tom.
  10. THE STORY I worked for a design agency on-site for 2 months Jan-March on an initial contract bases with promises of a perm role after a month or 2. The first month I got paid after 8 weeks (they didn't raise any questions over payment after my first month and ignored my first 2 invoices until I sent a signed for invoice in the post after week 6 - then it was toward the end of week 8 that I actually got paid for my first month. From that point onwards I realised I would only get results if I sent everything 'signed for' royal mail (1st class) - and this ****ed off the director. He told me 'why do you need to send this in signed for mail when you could have just handed it to me'. So alarm bells were ringing I can assure you and I knew getting money out of these creeps would be like getting blood out of a stone. Anyway, after exactly 2 months and 1 day on March 11 they terminated my contract with no notice. I had already submitted my 2nd invoice for month 2 which ended 8 March and a 3rd invoice for the outstanding single day on March 11 was sent a few days later. They have not paid my 2nd and 3rd invoice. I sent a reminder letter dated 8 April for both invoices and a message that if the invoices had not been paid by 19 April I would seek further action. On the 10th of April I filled out a 'Statutory Order' demanding payment or a petition will be made to county court for a winding up order. The company are an LTD business with £180K in debt but with £130K in reserve cash with fairly decent finances I think. FURTHER ACTION I am indecisive about what the best course to get what is owed swiftly and efficiently. Maybe they don't have the money to pay me? They haven't at all been in touch since I left or responded to either of the initial invoices, the reminder or the statutory demand. Should I file a separate moneyclaim for each invoice after my 19 April warning has passed? for £2730 and £140 respectively and can I do this? Can I also add compensation as they really are messing me about and it's costing me time and money to reshuffle finances as I am just a contractor after all. Secondly about the statutory order - should i just ditch the moneyclaim and go full force on the statutory order? HELP - WHO HAS DONE THIS BEFORE?!!
  11. Hi. I've just requested Judgement in a Small Claims Case I have against a Government Department for non-payment of a debt to me. How long should I expect it to take for Judgement to be made and issued through Moneyclaim and Northampton County Court? Agi
  12. Hi Have trawled through the threads but finding a situation like mine is proving hard. I'll be as brief as I can - any advice much appreciated. Moved into rented property with housemate in May 2007. Agency showed us around and took our deposit but LL has handled everything else (all communications etc). Deposit was put straight into a TDS. 6 months later it was not protected by the scheme anymore and remained unprotected in any scheme for remainder of our tenancy. Problems occured during tenancy regarding upkeep of property (leaking roofs, doors, faulty kitchen white goods etc) which LL either took a long time to solve or did not solve at all. Several letters were exchanged - LL accused us of not keeping property up to scratch, we responded strongly stating our viewpoint which is that we were not in the wrong. Upon exit from property (Jan 2010), we had property professionally cleaned, a carpet replaced and an arrangement with the council to remove large amount of rubbish and old carpet from outside property. LL wrote to us enclosing a cheque for our deposit having deducted approx £220 (on total deposit of approx £1100) claiming house was not cleaned, rubbish was not collected and several other things all of which were unfair/untrue. We have receipts for cleaning, reference number from the council for rubbish collection and recorded delivery receipts for all letters we have ever sent to her some of which she responded to, some which she did not - many issues she did not resolve. With no TDS to intervene, we wrote stating we disputed LL's claims and wanted our full deposit back. We did not hear back. Approx 5 months later (having done some research), we wrote again stating that as we had not heard back, we would pursue the matter in the small claims court. LL wrote back re-iterating reasons for taking money off the deposit and adding new issues with the state of the house when we left (mainly petty) but also included some utter lies about things we had said or done and also included photos - some of which showed contents of the rubbish bags we'd left outside, emptied inside the house(!!!!). LL claimed to be disappointed that we had threatened the small claims court and threatened to "counter sue" us for loss of earnings because we had not allowed the agent to show people around in the last 2 months of tenancy (simply not true!) and the state of the house when we left. Issued the claim via moneyclaim and then housemate (not me - whose name the claim is in) received a phonecall from the *agency* (as opposed to the LL) who offered to pay us the difference so that we could have our full deposit back on the condition we put it in writing that the matter is over. Requested that they put this proposal in writing to us but they refused. Have since heard nothing and now about to pursue the claim with moneyclaim - as the 14 days have elapsed (it's actually about a month now). What I want to know is what chance we have of a)claiming our full deposit back (and the court fee) and b)of claiming the 3x deposit penalty from the LL As far as I was concerned, we have a good case- however, having read this forum and much earlier posts, I am concerned that as I am not living in the property any longer, this could affect things. I would appreciate any advice. Many thanks Blag
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