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    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
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    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
    • Yes and will ask you if you are in agreement and or wish to add /remove any direction.
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intrum justitia/ebay fees


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recieved TEN letters from intrum justitia (debt collecter), each asking for a different amount for ebay fees. this is the first time they contacted me.

 

only 1 of the letters has spelled my name/address correct, the others are not spelled correctly. (misspelling of certain names)

 

any advice on how to get them to leave me alone would be appreciated

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I would be inclined to send the "prove it letter" to them. In the letters is the ref number the same. You'll find the "prove it letter" in the letter templates section.

the reference number in each is different

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Do you know if you actually owe the money??

 

I presume you had an eBay account and possibly didn't pay for one or more months??

 

I'm not judging you here, by the way, just trying to clarify if this is one or more than one debt.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Do you know if you actually owe the money??

 

I presume you had an eBay account and possibly didn't pay for one or more months??

 

I'm not judging you here, by the way, just trying to clarify if this is one or more than one debt.

 

i had multiple ebay accounts before so its possible i do owe..im not even sure.

 

i cant afford to pay, i have opened 4 of the 10 letters, one asking for 82.12, one for 100.49, one for 106.29, one for 135.48..im afraid to even open the others

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This is the "prove it letter" send recorded for the one in your name.

 

Dear Sir/Madam,

 

Reference no: 00000000000

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully,

Edit to suit your circumstances and send recorded.

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This is the "prove it letter" send recorded for the one in your name.

 

Dear Sir/Madam,

 

Reference no: 00000000000

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully,

 

Edit to suit your circumstances and send recorded.

 

should i send one of these for each letter?

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more info about the letters

 

one letter spells 3 letters of my first name, the first initial of my middle name, and leaves out a letter of my surname, it also is adressed to a different neighborhood and doesn't say my town name.

 

one letter spells my first name correct but misspells my surname (N instead of a M)

 

one letter spells my full name correct but misses an E on the end of the name of my estate

 

one letter spells my full name/address correct

 

one letter spells only my first name and the first letter of my surname

 

one letter is adressed with my full name however my surname is spelled with an N instead of a M at the end

 

one letter is addressed to the correct address but theres an extra A in my surname

 

one letter has the first letter of my first name and my full middle name - no surname

 

2 letters have everything spelled correctly

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I would only be inclined to send off one letter for the ref number that has your details correct. the others could be for other people for all you know with slightly similar names. If they cannot be bothered to get their spelling right then tuff on them.

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I would only be inclined to send off one letter for the ref number that has your details correct. the others could be for other people for all you know with slightly similar names. If they cannot be bothered to get their spelling right then tuff on them.

 

my surname is pretty uncommon though (i live in eire and the people who share my surname over here are all my relatives - theres no other families with it), and part of the addresses on most letters are correct.

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more info about the letters

 

one letter spells 3 letters of my first name, the first initial of my middle name, and leaves out a letter of my surname, it also is adressed to a different neighborhood and doesn't say my town name.

 

one letter spells my first name correct but misspells my surname (N instead of a M)

 

one letter spells my full name correct but misses an E on the end of the name of my estate

 

one letter spells my full name/address correct

 

one letter spells only my first name and the first letter of my surname

 

one letter is adressed with my full name however my surname is spelled with an N instead of a M at the end

 

one letter is addressed to the correct address but theres an extra A in my surname

 

one letter has the first letter of my first name and my full middle name - no surname

 

2 letters have everything spelled correctly

 

Is this how you registered your multiple ebay accounts though, by using variations of your name??

 

Did you have different PayPal accounts for each?

 

Also, when you registered with eBay, were all the accounts for the same property??

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Is this how you registered your multiple ebay accounts though, by using variations of your name??

 

Did you have different PayPal accounts for each?

 

Also, when you registered with eBay, were all the accounts for the same property??

 

i dont think so, but i dont know. its been years since i sold on there, the letters dont give an account name/email otherwise i could check. its a possibility i guess. i do have multiple paypal accounts (balances are ok on all, i used some for payments via credit card and some for personal payments to avoid high paypal fees)

 

 

edit actually thats very possible because i just googled it and sites say to misspell names to be able to use a new account, so thats very possible i did that. if that is what i did, is there any way they can prove that i did make the accounts?

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My concern is that if you only send "prove it" letters to the 2 accounts in your correct name then the others may proceed quite rapidly to court unchallenged.

 

By acknowledging delivery of 2 items of mail, it is reasonable to assume that you received the other 8. Therefore, did you not send "prove it" letters because you acknowledged the other debts?

 

It is not uncommon for people to assume different names and a judge may well be satisfied as to your identity as the debtor.

 

What about the address? Were they all at the same property?

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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Oh, did you use a different IP address when you registered the eBay accounts?

 

If not, then yes, they can more than likely prove it was you.

 

If you did change the IP but slipped up by using the incorrect address logging in to the various accounts then again, they may prove a link between them.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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My concern is that if you only send "prove it" letters to the 2 accounts in your correct name then the others may proceed quite rapidly to court unchallenged.

 

By acknowledging delivery of 2 items of mail, it is reasonable to assume that you received the other 8. Therefore, did you not send "prove it" letters because you acknowledged the other debts?

 

It is not uncommon for people to assume different names and a judge may well be satisfied as to your identity as the debtor.

 

What about the address? Were they all at the same property?

 

thats what i'm afraid of, if i just ignore them they will probably keep sending letters regarding those debts right..and i just want them to stop contacting me.

they are all sent to the same property

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Oh, did you use a different IP address when you registered the eBay accounts?

 

If not, then yes, they can more than likely prove it was you.

 

If you did change the IP but slipped up by using the incorrect address logging in to the various accounts then again, they may prove a link between them.

 

i believe the IP address resets everytime the box (sorry dont know the correct name) is disconnected from the phone line so im sure some had different IP addresses

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also, when i look up my IP address on My IP Address Lookup and GeoTargeting - Community Geotarget IP Project - domain to IP lookup, what country, city IP addresses map to - IP Trace it says i am located in a city 2 hours from here, so can that really prove anything since its not correct now and probably wasn't then

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also, when i look up my IP address on My IP Address Lookup and GeoTargeting - Community Geotarget IP Project - domain to IP lookup, what country, city IP addresses map to - IP Trace it says i am located in a city 2 hours from here, so can that really prove anything since its not correct now and probably wasn't then

 

That's where your server is located.

 

I know that most connections are dynamic these days i.e. changing but I'm pretty sure that you can be tracked back. I'm not trying to worry you, just pointing out that technology may prove a link...and, of course, all of the IP's will be registered with the same provider.

 

If it were me I would be disputing them all.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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You could always try returning the unopened ones with incorrect names, if you have any, as "not known at this address". Not sure it would work but it might clog them up for a while. Risky though, as was said above the ones that aren't returned might be taken as accepted.

 

Best this might be to dispute them all- after all I could write to you and say "oi you owe me money, pay up" and would you pay me on the basis of a letter alone? Of course not.

 

Send them the letter above, but maybe spell each version of your name and address exactly how they have? Also send them over a couple of days or so, if they suddenly receive 10 letters in 1 day they might start checking into it a bit- remember all these were generated, printed and posted by a machine, and a human (of sorts!;)) will open your replies.

 

Good luck.

Any advice or opinion given is done so in the spirit of goodwill and assistance, but please note I'm not legally trained or qualified, only hoping to help. My advice or opinion is based on experience in my life, and research from forums such as this and other useful sites.

 

Please seek professional legal advice if you are in any doubt about what to do next with your personal case.

 

There are many threads on this forum to help you and I do recommend searching around to see what steps others have taken. You're in good hands with CAG-

buy a ConsumerActionGroup.co.uk email address, and help to keep this forum going!

 

If you like what I say, feel free to give those scales a tickle :-)

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