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    • a chargeback via a paypal account used in an ebay sale doesn't usually result in funds being sucked from your bank account,  just that you attain a paypal negative balance. as you saying the money was taken by paypal from your bank account without you authorising this? or is it directly the buyers name that is shown? regarding the chargeback but either way you bank account HAS been debited? dx  
    • what solicitor is the PAPLOC from? then just search xxxx snotty letter dx  
    • moved to the debt self help forum. plenty of like threads here to read along with the ones you've done so far..good work. last thing you ever want to do is look at any kind of IVO/BK or anything alike concerning consumer debt, never do that, turns unsecured debts into secured ones in many instances. your best bet for now is p'haps looks at  Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk) sadly you have to go thru one of the free debt charities to invoke that but DON'T be tempted to also open up a DMP with them, just get the Breathing Space done. get that in place that gives you at leasy 60 days buffer you've also goto to realise you'll probably get a default once breathing space is in place, bit if not it might pay you to withhold payments even after BS then p'haps re start payments once a DN for each debt is issued and registered. at least that way, whatever happens in 6yrs the debt will drop off dx  
    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Action fraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
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barclaycard Mercers.Offsetting Query.


overdone
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Wescot

 

Client Barclaycard.

 

Dear Overdone

 

Thank you for your patience whilst we investigate the enquiry that you raised with regard to the above account.

 

What was the outcome?

 

We can confirm that as a consequence of the query you raised, the above account has been returned to our client.

 

What does this mean?

 

We have closed the debt on our computer system and returned the account and returned the account to our client.

 

No further action will be taken by Wescot Credit Services Ltd to recover the above account.

 

Yours sincerely

 

Wescot Credit Services

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  • 1 month later...
any more news?

I ordered a fresh Credit File update only to find Barclays are playing cute. For much as Mercers have sent me default notices, they do not show on the file, only that i am in arrears and updating each month. They can play this game with me for as many years as they like and I cannot get credit for life. I cannot make them default me properly.

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Please I need help!!

 

I have been on this forum for a year or so and I went through the whole process of the CCA request after almost a year of letters and debt collectors phoning me, I never got my true signed CCA, BarclayCard say that to support the credit agreement act of 1974 they have given me everything by law they have to and this was the terms and conditions.

 

I never heard again from them in 8 months, I have a barclays Account that i never used and my dad was opening a new bank account and while he was he put £1800 in my barclays bank account till his account was open, this was done on the 3rd of February and on the 9th of February £1692.43 was taken out without notifying me at all, as far as i was concerned the account was in dispute apparently they say it wasnt for 8 months while i was waiting for them to reply.

 

Apparently they can do this its called off setting, I have never heard about it or been warned off it, I have phoned everyone I can, consumer credit, ombudsman, debt help line, you name it and they cant help me, this money was not mine just in "safe " keeping for my dad till his bank account was opened, I asked why they gave me no warning, they said so I wouldnt move the money!!

 

I rang them and begged them to put the money back because it wasnt mine and we can settle this in court and they basically said doesnt matter what i do i will never get this money back, I am devastated I cant give my dad his money back and I just dont know what to do to solve this.

 

Please can someone help me, are they allowed to do this and can I get this money back????

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  • 1 year later...
I ordered a fresh Credit File update only to find Barclays are playing cute. For much as Mercers have sent me default notices, they do not show on the file, only that i am in arrears and updating each month. They can play this game with me for as many years as they like and I cannot get credit for life. I cannot make them default me properly.

As I am in dispute because of no legit CCA, after six years of no payment from me, is it Statute Barred?

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Six years after last payment or written acknowledgement of the debt (not phone call or letter written to you as some DCA like to say) then statute barred.

 

dpick

So Mercers could um... fake a letter allegedly sent to me, if they were that sort of group? Do they have to prove I received it?

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No if you have not acknowledged the debt in writing or made a payment in a six year period then debt is statute barred and nothing can remove the statute barred. Though some creditor/DCA's can be a bit economical with the truth on this. IE you made a CCA request and sent the £1 fee they will try to say this was a payment to the debt of £1.

 

dpick

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  • 10 months later...
I ordered a fresh Credit File update only to find Barclays are playing cute. For much as Mercers have sent me default notices, they do not show on the file, only that i am in arrears and updating each month. They can play this game with me for as many years as they like and I cannot get credit for life. I cannot make them default me properly.

In September 2008 I stopped paying my debt management plan money to Barclay's and credit files show they did not default me officially. I'm about two years from Default Barred. When this happens can I insist DCA records are removed? I suspect this account was Monument/Providian anyway who Barclays bought out and took over the company.

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I think you are confusing statuted barred, 6 years no payment

or acknowledgement in writting, with a default entry being removed

after 6 years paid or not.

A default entry is NOT removed because a debt becomes statute barred

it remains for the rest of the six year period, as it reflects the true conduct

of the account.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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I think you are confusing statuted barred, 6 years no payment

or acknowledgement in writting, with a default entry being removed

after 6 years paid or not.

A default entry is NOT removed because a debt becomes statute barred

it remains for the rest of the six year period, as it reflects the true conduct

of the account.

The account is not defaulted though. It says status 3+ is 36 in last 36 months. Can they do this forever? What course of action is open to me?

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Yes is the simple answer they are just reporting the conduct of the account.

 

Once the debt becomes SB you could appeal to them to remove the entry.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Yes is the simple answer they are just reporting the conduct of the account.

 

Once the debt becomes SB you could appeal to them to remove the entry.

If I agreed an out of court settlement, what is the best bargaining power outcome likely to be. All creditors can do this no defaulting on us. Is removal of entry a possible deal? Edited by overdone
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Yes is the simple answer they are just reporting the conduct of the account.

 

Once the debt becomes SB you could appeal to them to remove the entry.

In the generic sense this info comes in useful. I have since discovered their strategy applies to Monument Accs and not the direct Barclay's accounts, specific to the starting of this thread. These are showing defaults that expire in 2014, so I heave a sigh of relief at least regarding the 2 debts this thread started out mentioning.

Edited by overdone
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I ordered a fresh Credit File update only to find Barclays are playing cute. For much as Mercers have sent me default notices, they do not show on the file, only that i am in arrears and updating each month. They can play this game with me for as many years as they like and I cannot get credit for life. I cannot make them default me properly.

Now I have sorted this personal confusion, I can continue this thread relating to two Barclay card debts.

Edited by overdone
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CapQuest

Debt Recovery

5 May 2012

Ref:

Dear Overdone,

Further to our recent telephone call regarding the above outstanding account.

 

When endeavoring to make contact with you by telephone we have a data protection process that legally we must complete before one of our agents can discuss the matter further. This process is there to make sure that your and the outstanding debt details are not divulged to a third party..

 

On a very recent telephone attempt to contact you, it has been reported that you refused to assist our agent by supplying or answering details to confirm that they were indeed speaking to you and as a consequence the call had to be terminated. (Oh How surprising!)

We can understand some individuals reluctance to supply details or answer questions that they may see as private and confidential. (In a nutshell, Yes!) However, all the questions the agent will or may ask of you are questions based on the information that is already known to us and therefore we are not seeking new information but verifying the details to comply with the data protection laws.(Well how did you get my newly acquired, ex directory number if data protection is so important to you?)

We trust this letter assists you and clarifies the situation regarding our process for verification.

 

Your account will be passed back to the appropriate department to recommence the collection cycle where further telephone activity will commence. (You wish! I haven't spoken to any of your trained apes for years) Any failure to comply in the future with the verification process will see your account fast tracked to the end point of the collection process which may mean legal action is taken against you. (Oh goody! I can expose your lack of regard for various parts of the consumer credit act).

You can find how you can pay and other relevant details that may assist you on the back of this letter.

We look forward to speaking to you soon to get this matter resolved.

 

Yours sincerely

 

Collections Department.

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Any failure to comply in the future with the verification process will see your account fast tracked to the end point of the collection process which may mean legal action is taken
I thought the end point was when they passed it on to another bottom feeder?

Illegitimi non carborundum

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CapQuest

Any failure to comply in the future[/color][/color] with the verification process will see your account fast tracked to the end point of the collection process which may mean legal action is taken against you. (Oh goody! I can expose your lack of regard for various parts of the consumer credit act).

You can find how you can pay and other relevant details that may assist you on the back of this letter.

We look forward to speaking to you soon to get this matter resolved.

 

Yours sincerely

 

Collections Department.

 

 

Well here we go again that very big word "MAY", lets just say I MAY give you £100 but please please PLEASE don't hold your breath waiting for me to change that word "MAY" to "WILL"

 

dpick

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So that's Mercers, Debt Managers, Moorcroft and Wescot all given up. Now, who next I wonder?

 

I think Capquest have a b cheek. Have they got any legal teeth, other DCA's do not know about, to make me forgo my legal right to refuse telephone conversations and insist upon everything in writing? Are Capquest the new magic wand of DCA's? I dare not speak to them on the phone as my frustration and anger towards trained apes and their ensuing silences, means I end up losing my rag whilst I try to explain in queen's English why they should quit bothering me. They cannot step outside their training manuals and lets face it, there are quite a few pages missing from them. I am sure you have all been here yourselves.

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Any failure by them to comply with YOUR requirement WILL

result in a fast tracked claim against them for harassment!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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zydeco is correct. This letter means they're running out of tricks or, to use their favourite phrase, 'moving forward in the litigation process'. You could well receive a statutory demand and, coming from these bedwetters, it will mean buggar all.

btw, cross check whether they even have your Barclay account no. correct - they often don't.

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