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    • I had an eBay account a few years ago and sold a high-value piece of jewelry for around £9000. I sent the item to eBay's authenticity center (mandatory for this value), and the tracking showed it was delivered. However, eBay later claimed they never received it. After an investigation, UPS said it was delivered to a different address on the estate where the authenticity center is located. Eventually, eBay located the package but said it contained only chocolate and unrelated items, which I obviously did not send. UPS was unhelpful. As a result, eBay refunded the buyer, and my account went minus £9000. I refused to pay, lost my eBay account, and no longer have access to it or the associated email. Today, I received a text from DRS debt recovery with my name and a reference number, stating I owe a debt to eBay and to log in online using a passcode emailed to me (which I don't have since I no longer have access to the email). When I called DRS for more information, they asked for my address, which I refused to give based on advice I read online. They then said they couldn't discuss the debt further and ended the call. What should I do in this situation? Should I contact DRS again and provide my details to find out more about the debt? Should I send a letter explaining why I shouldn't owe this debt and do nothing further? Is there a legal risk of them taking me to court? Any advice would be appreciated. From what I am aware of, I think they only have my name and telephone number. I have not received any debt letters in the post and I removed/change my address from eBay at the time this all happened. I also have not received any CCJ's. This is the first time they have contacted me. They sent me another text with a PDF letter explaining the debt. The address on the letter is the address on my ebay account which is not an address linked to me and is actually missing the first line.
    • Well firstly, I would point out that according to section 2 paragraph 4 it is on P2G to prove that you are not a consumer for the purposes of the contract. Anyway even if they prove it you can just rely on  Unfair Contract Terms Act 1977 which gives you similar rights.   don't out yourself. let p2g prove it. its on them to prove not you.
    • It depends, is selling stuff online your main source of income?  
    • I was under the impression that, as a business, I could not rely on the Consumers Right Act 2015?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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conditional Statutory Notice Sections 10 and 12?


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Hello

 

Is it possible to send a conditional Statutory Notice Sections 10 and 12 of the DPA?

I mean can i write somthing along the lines of, when if I pay the disputed amount in full please take note of my Statutory notice?

maby in a cover letter?

Thanks

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The default is inacurate and fails to show the companys mistakes in our dealings that helped the contract default=substantial damage and distress? So the conditional motice would be that i pay up and they remove. It seems to me that the money is not the issue with most phone providers as there has been little or no effort to collect the debt. Its revenge they want!

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Contributory negligence (on their part) is normally reserved for a judge to rule on - and since the legislation relies on 'wooly words' like "reasonable" and "substantial" you'd really be pushed to prove the latter - it may be substantial to you, but not to someone else!

 

The business model is what you complain about - many firms have no interest in nurturing a debtor into making full payment. They are tempted by firms who will offer them an immediate 50% payment for the rights to the debt, and the icing on the cake (for them) is the default on your file.

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