Jump to content


  • Tweets

  • Posts

    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5358 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I've heard quite a few worrying stories concerning sellers on eBay and associated problems with PayPal.

 

I see the Paypal company has its registered office in Luxemburg so I assume this would mean if it came to trying to issue a claim in the County Court this may complicate matters.

 

Say I sell something and they buyer pays through Paypal, I then withdraw the money into my current account. I now have the money. I understand Paypal can request money back from me some weeks after the initial transaction if the buyer makes a dispute; i.e goods not as described.

 

I imagine Paypal would debit the money from my current account using the direct debit I have set up.

 

If the item I sold was 'as described' in my opinion, could I not tell the bank to reverse any direct debit under the direct debit guarantee?

 

 

The onus would then be on Paypal to initiate legal proceedings against me in the UK, which I could submit a defence for.

 

Is this a valid action plan for a honest grievence?

Link to post
Share on other sites

Hope this post is allowed.

 

Of course - just the answer would be different if you had a particular issue... ;)

 

There is remit to issue proceedings in a County Court for a company that is outside of the jurisdiction of that Court within Civil Procedure Rules.

 

As an example, RBS are based in Edinburgh, but claims can be issued against them in England with the Courts permission providing the criteria within CPR is met.

 

I don't believe this would extend to PayPal in Lux, though.

 

Link to post
Share on other sites

Hi

 

My thinking is that because the guarntee the banks offer with direct debit, even if I found myself in what I considered an 'unjust' situation where Paypal found in a buyers favour and took the money from my bank by direct debit - I could easily get the payment reversed through my bank.

 

This would place the onus on Paypal to take legal action against me which I could then defend in my local county court.

 

I as under the impression that debit / credit cards given as a contionous authority were a lot harder to cancel / retract.

 

I'm not looking to cause trouble, I just want to make sure my interests are best looked after.

Link to post
Share on other sites

I don't think they do reclaim the amount from your Bank - they "minus" it from your PP account, meaning you can't use it until the account has been funded with that amount.

 

I'm not sure what happens if you don't do that, though.

 

You could ask your Bank to cancel your Debit/Credit Cards, if you think the details could be abused without your authorisation ;)

 

Link to post
Share on other sites

The trouble is - you either work within the scheme or you do not. If you sell an item, you are imlicitly agreeing for them to be the arbiter of the dispute, therefore it could be construed as bad faith to pursue your funds processor to get funds back (reasons being irrelevant). The secret would be not to permit a PP purchase or become your on CC merchant and you decide if/when to refund.

 

Having used their services as botrh a buyer and a seller, I have never had a reversal (lucky?) but instigated 5, four of which the sellers shouted blue murder, and the 5th agreed he'd not sent the goods and had a variety of reasons for doing so. So, it would appear that for any transaction to work, you need integrity on both sides, as it becomes a minefield if there isn't.

 

In a case that happened to me last year, I paid a seller £9.50 for 'secure next day delivery' of a mobile phone. It never arrived, and it transpired he had sent it by 1st Class Recorded, which has a compensation limit of £33. He was adamant as he had a stamped tracking number, his onligation to me ended. My contention was I needed to recieve the goods, and I got nothing. PP found in my favour, and the funds were reversed, but I only got 95% as their fees had taken the rest, but I was as 'happy' as I could be.

 

Now, what if YOU were the seller?

 

I stopped short of saying that if he charged me £9.50 for postaage, then sent it for £2.40 (or whatever) then I was hardly likely to be sympathetic as he was already ripping me off on the postage.

Link to post
Share on other sites

The trouble is - you either work within the scheme or you do not. If you sell an item, you are imlicitly agreeing for them to be the arbiter of the dispute, therefore it could be construed as bad faith to pursue your funds processor to get funds back (reasons being irrelevant).

 

Can they 'disclaim' your right to seek redress through the courts just because of what Paypal write in their terms and conditions?

 

A lot of the dilemas I have read appear very unfair to sellers in some cases. (for example in one case, a seller is sent an empty packet by recorded delivery. Paypal washed their hands of this saying the buyer had complied with their requirements for a payment reversal).

 

I can imagine in such situations, I'd prefer a judge to make their own mind up 'on the balance of probabilities' rather than a Paypal member of staff.

Link to post
Share on other sites

No issue of 'disclaim' - you have every right to pursue them as you think fit - much in the same way a theif employed by Royal Mail lifted tickets worth £200 for an envelope and put the remainder into a 'found in the mail' bag. I lost, because the pulled out an Act of Parliament that said under the Postal Services Act 2000, they were specifically excluded from liability, and the judge was forced to agree.

 

In your PayPal issue, it would all hinge on whether a judge agreed to uphold their T&C's as something you willingly agreed to, and lost your claim (and the additional costs of bringing the action) because the agreement WAS legally binging.

 

It's Russian Roulette out there!

Link to post
Share on other sites

just a small note on this i used a going places visa card to register as a seller so if there was any problems there would be no come back as previously two expensive dresses went missing in transit and rm and paypal even though i had proof of postage it doesnt mean jack even though buyer hadnt paid for special delivery just normal postage i did it for my own peace of mind paypal still opted in buyers favour so a £160 dress and £80 actual ebay price down argh

 

oh and ive been stung as a buyer too i paid 250 via paypal id been withdrawing money for months out my bank account toopping up my paypal account for crimbo for a mobile phone that never turned up by the time they agreed enough time had passed the seller had cleared their account and all i got back was £105, same crimbo my mum got stung £360 for an xbox package she got back the full amount difference being her credit card picked up the shortfall straight onto her card and they took to chasing paypal/whoever its a risky game and not as safe as they make out, even though i use my paypal account for more than just ebay

Edited by going_mad
added info
Link to post
Share on other sites

Two points: Why should the BUYER have to pay when they never recieved the goods you sent? The responsibility to get the item remains with the seller - it doesn't matter what they paid for, your shipping charge needs to reflect the cost of claiming for loss, it is for YOUR protection, not theirs so you need to budget accordingly when listing the item. This isn't rocket science, it is explained in many places on the site.

 

Sellers often attempt to say in listings that they are not responsible, but as this is contrary to the actual rules, it can be safely ignored.

Link to post
Share on other sites

  • 3 weeks later...

I sold some Amazon vouchers on ebay and was paid via paypal, the vouchers were electronic so once they were paid for I just emailed the code to the buyers.

However one of the buyers was a [EDIT] and used chargeback to reclaim the cost, I sent paypal screenshots of the email I sent with the code and of his ebay rating showing that he had done this to lots of people.

 

His card company found in his favour and as I had already been paid and my paypal balance was zero paypal asked me for the £50 back. I refused and have just received a letter from a debt recovery agency called intum justitia for the £50, do I have to pay this?

Link to post
Share on other sites

There's always a risk when accepting PayPal for transactions of 'virtual' goods. You'll need to refer to PayPal's T&C's which you agreed to aide y - and as they are in the position to refund the (dishonest) buyer, you are left to make restitution to PayPal.

 

Whether you wish to pay PayPal back, only you can decide - I'm not aware of any sanctions they can impose against you (other than stopping you using their service again) as for small amounts, formal court action is unlikely.

Link to post
Share on other sites

I sold some Amazon vouchers on ebay and was paid via paypal, the vouchers were electronic so once they were paid for I just emailed the code to the buyers.

However one of the buyers was a [EDIT] and used chargeback to reclaim the cost, I sent paypal screenshots of the email I sent with the code and of his ebay rating showing that he had done this to lots of people.

 

His card company found in his favour and as I had already been paid and my paypal balance was zero paypal asked me for the £50 back. I refused and have just received a letter from a debt recovery agency called intum justitia for the £50, do I have to pay this?

 

Intrum Justitia are toothless lol Formal court action is not only unlikely - it is well beyond the ability of these idiots. My advice, if you have done nothing wrong then why should you pay. I managed to get shot of Intrum Justitia for my girlfriend (in a similar position). Only took two letters - with a bit of knowledge you can tangle them up like you wouldn't believe. Disregard any threats they make, it's all hot air and meaningless. Also, don't fall for the old we'll send someone round to see you - more nonsense. Firstly, such action would cost a dam lot more than the amount they are trying to recover; secondly - they have no legal right to visit you (only an implied right under common law - like the posty or milk man).

 

If you want the letters I used for my gf let me know and you can have them to use yourself. I found them to be very effective.

 

All the best,

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

Link to post
Share on other sites

Just had them on the phone, explained why I wasn't paying and the guy just said "O.K. I'll put that on your file".

 

Can I tell them not to call me if they do again?

 

TFT, can you PM me the letters?

 

Thanks

Link to post
Share on other sites

Intrum Justitia are toothless lol Formal court action is not only unlikely - it is well beyond the ability of these idiots. My advice, if you have done nothing wrong then why should you pay. I managed to get shot of Intrum Justitia for my girlfriend (in a similar position). Only took two letters - with a bit of knowledge you can tangle them up like you wouldn't believe. Disregard any threats they make, it's all hot air and meaningless. Also, don't fall for the old we'll send someone round to see you - more nonsense. Firstly, such action would cost a dam lot more than the amount they are trying to recover; secondly - they have no legal right to visit you (only an implied right under common law - like the posty or milk man).

 

If you want the letters I used for my gf let me know and you can have them to use yourself. I found them to be very effective.

 

All the best,

 

TFT

 

Yep..I agree, IJ soon give up, just ask them for details of the Paypal transactions and how you are liable.

 

Iqor are even dimmer (they cant even write to me at the correct address) and easily dismissed too.

 

Andy

Link to post
Share on other sites

J.BLOGS

A1, THE BUILDING

THE ROAD

THE TOWN

THE COUNTY

THE POSTCODE

REFERENCE: 000000000A

I DO NOT ACKNOWLEDGE ANY DEBT TO INTRUM JUSTITIA OR YOU CLIENT PAYPAL

Dear Sir or Madam

I am writing in response to correspondence received from you on the 01st January 2009 (dated 01st January 2009).

I have received an invoice from you for the amount of £00.00 for an alleged debt you claim I have with your client PAYPAL. I can advise that I do not acknowledge any debt to either Intrum Justitia or your client PAYPAL.

As you advise in your correspondence that you have commenced formal debt recovery action against me I am formally requesting, pursuant to s.77/78 of the Consumer Credit Act 1974, that you provide me with a true copy of the credit agreement on which you are seeking to enforce the alleged debt. In addition, I am also requesting a statement of account for the alleged debt.

In the case that Intrum Justitia are not the creditor, I draw your attention to the fact that s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is also drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Please note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

Please also note that any future communication must be by written letter and addressed to me only at the above address. On the occasion that you continue to telephone me, any calls will be documented and answered by my representative.

Yours Sincerely

** Do not sign your name – debt collectors may use this to falsify your signature **

J.BLOGS

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

Link to post
Share on other sites

Hi, this is the first letter we sent, it is pretty much a slightly adapted version of a template from another CAG Member. The first thing I will point out is that you are requesting a copy of the CCA, except there is no CCA - PayPal are not regulated by the consumer credit act and you did not sign a credit agreement. They will write to you and tell you this after about a week. At which point, you then write back requesting a notice of assignment legally allowing them to collect the debt - by this point they are getting confused lol. Remember, you are not dealing with smart people here. They write back muttering something about advising them of any dispute - just deny that there is a dispute and request the notice of assignment again. They will then write back and say they have closed their file - why have they done this - it's simple, because you are making them run round like headless chickens they are allocating too much resource to what is likely to be a very small debt. After this, you should never here another peep from them. I cannot guarantee this will work but I found it very effective lol. Laugh at their antics, enjoy confusing them and it will all be over with about three letters - job done :).

 

All the best,

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

Link to post
Share on other sites

The first thing I will point out is that you are requesting a copy of the CCA, except there is no CCA - PayPal are not regulated by the consumer credit act and you did not sign a credit agreement.

My problem with paypal is they're not regulated by ANY government body that I know of, yet they offer financial products like money transfer and debit cards. Can you complain to the FOS about them?

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

Link to post
Share on other sites

  • 1 month later...

You can complain to the Financial Ombudsman Service, but they are as much use as a one-legged man in an ass-kicking contest.

 

This is all I got back from Consumer Direct:

 

I have reviewed your case and it appears that your enquiry falls outside the remit of advice offered by Consumer Direct. I have checked the Financial Services Authority Register and Paypal is not registered with the UK it is EEA registered. As such, you can contact the UK European Consumer Centre for further advice on 08456 04 05 03 or [email protected].

Please note that in offering this advice, Consumer Direct Wales wishes to make it clear that it is based on the evidence to hand on the above date and is subject to revision or amendment in the light of further evidence. Only the courts can interpret statutory legislation with any authority.

 

If you need any further advice then please contact us on 08454 040506 or alternatively we offer a Welsh line on 08454 040505

Probably not much help either, but there you go.

Link to post
Share on other sites

  • 1 month later...

Sent the template letter off to IJ got a letter back apologising and saying the account had been closed.

 

I've now got a letter from EOS for the same debt, are paypal allowed to just keep passing the debt and should I just send the same template to them?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...