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    • But if 'non-essential' retail outlets can still deliver even though they have to close the shop what's the reasoning behind not allowing supermarkets to deliver the same items?  I read a whole article this morning on how deliveries are fine but click and collect isn't.   And as an aside, what's he got against office supplies for everyone WFH?  I could have a whole other discussion about his allowing unlimited sales of batteries - can't work, can't clothe your children but you should devote your time to battery powered devices.  You have to wonder.
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    • It has been established in several cases that Delivering isn't parking, and in any case if it was the 10 minutes grace would apply.  they would be silly to take a delivery driver to court if on deliveries. Were you in a van or car?
    • So if you're expecting a baby in the next couple of weeks not only can you not buy baby clothes or bedding in Tesco but he also wanted to stop new parents getting the stuff online?  I'm sure I read somewhere that non-essential retailers who have had to close may still deliver.  Does this mean you can get non-essential items in your supermarket shop if it's delivered but not if you shop in store?    This sort of stupidity isn't to do with the virus, it's a pure power play surely.
    • PDF please so we can zoom  read upload   any road marking on private land are purely tarmac graffiti and have no standing in law. and anyway all speculative invoices issue for parking have a 10min grace period   dx      
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eBay & iQor - Under 18 - Help Please :)


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Thanks so much for your help guys, going to contact both eBay via Richard and CAB. Also going to let my Dad know about this, sooner rather than later, I'll just say I've been a prat and got meself into a bit of a pickle here.

 

I might go to the solicitors later today, theres one round the corner although I feel a little dodgy going to a solicitors, I dont think they will fully understand, and might treat me funnily thinking I dont understand the full consequences when I do.

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Parsons, if your Dad says he'll stump up the money, please explain to him that at the very least, irrespective of the age issue, you should not have been pursued for this sum because eBay should have refunded all your final value fees minimum.

 

If you were suspended because they realised you were underaged, they should have also removed your listings and refunded everything.

 

If you go to a solicitor (and you might want to wait for a couple of days to see if this is resolved by Richard) make sure you take as much evidence from eBay's emails as you can.

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I was suspended because I had received over £3,000 in one month, PayPal asked me to prove my identity to comply with some law, of course, there was no way to avoid and I just wanted to close the listings, so I admitted to being under 18.

 

Despite emails to to PayPal informing them they must remove my account info from their servers, they have failed stating they can keep my account under suspension and contact them at the age of 18 to have data removed.

 

So in long ways, they came to knowledge I was underage yet I can still login to PayPal and eBay but receive the account is limited notice etc. isn't this going against data protection by unlawfully retaining my information?

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I just found this in their User Agreement (PayPal):

 

A Special Note About Children. Children are not eligible to use our service and we ask that minors (under the age of 18) do not submit any personal information to us or use the service.

 

So I have submitted my info to them, but they wont remove it, any legal issues there? Awaiting reply from eBay's Head of Trust.

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Parsons, are you saying that eBay have not actually compleletely closed your account - that is to say, it's showing as Not A Registered User, but you're still able to have access to it?

 

If you've notified them that you're underaged, the whole account should have been shut down. If they've kept it partially open, what they're doing is using the part of the User Agreement that changed last year (I think) which allows them keep it open to recover any fees owed after 6 months from your Paypal account. Obviously they can't do this as there is no money in the account - hence the DCA.

 

They really need a rocket up their jacksies!

 

I don't know about Paypal and that's something you need advice on and to help deal with.

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Here is the screen when I login, shows I am no longer a registered user, but I can still access it and my details are still there. Same on PayPal, just comes up with account limited but I can access everything.

 

Yfrog - ebay1.jpg

 

I had £600 left after refunds which was held in paypal for 180 days, that expired last month, got my money and enjoyed every bit of it. But they havent closed my account, which is infringement of their UA.

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What was the exact reason eBay gave for your suspension?

 

If they didn't suspend you for being underaged but for another reason, then they should have requested proof of your age when you notified them you were underaged.

 

Failure to do this on their part would be a big boo boo.

 

If they did suspend you for being underaged, then it's an even bigger boo boo that they've kept the account open to just pursue the debt.

 

Either way, their T&S dept have fallen down very badly on this one.

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I got several emails from them regarding my suspension:

 

Firstly as my reputation had decreased by about 40 in a few days due to not being able to fulfill orders. (Seller Non-Perfomance)

 

I then got several emails with invoices about the payment, which I emailed them back to tell them that NCO were dealing with it and therefore eBay no longer played role in getting the money from me.

 

They said yeah fine confirmed but still send these notices, perhaps harassment? Then I found this letter from iQor yesterday, even though I was under the impression it was NCO dealing with it - don't know what happened there.

 

I emailed PayPal regarding my under age and requesting my account to be closed, here is their reply (shortened):

 

Upon checking your account, I see that you are enquiring your details will

be removed from our system.

 

I completely understand your dissatisfaction with our decision to close

down your PayPal account, since we were able to detect that you are a

minor. However, Mr XXXX, the decision we have made is final and we will

not be reopening your PayPal account due to the potential risk involved to

us as a business. You may contact us as soon as you reach 18 years old.

 

I never asked for it to be reopened, I asked for it to be closed. Then they waffle part of 10.2 of their UA to me saying they can hold my funds for 180 days, even though the 180 days had expired

 

I am wondering whether action should be taken against them if it can be done, regarding the way they have handled this case. Do you think I would stand a cat in hell's chance?

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What I would do is to serve a DPA s.10 notice on them to remove all personal data.

 

The problem is, that you are not yet old enough to start a legal action in your own right.

 

You need a "responsible adult" to act on your behalf.

 

£3000!!

 

Kin 'ell! What a star you are!!

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:DWas a healthy little income, about £2k of that was to go to buying more stock, was a good experience until all this. But oh well, life eh?

 

And I'm sure if there is a good chance of winning, my father would take it further. And data protection act can be served by myself and can it be sent digitally via email, could you point me in the direction of a template please?

 

Thank you sir.

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I dont know what the situation is, a solicitor will be able to tell you.

 

As you are legally still a child, you cant act for yourself.

 

It would be interesting to see what a Judge would make of all this!

Edited by noomill060
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Parsons, it is important that you can show you've notified eBay that you are underaged. Your suspension would have been an automatic one due to poor seller performance.

 

This would mean that eBay would not have been required to cancel your fees - they would still be justified in chasing for them.

 

If you have that communication where you notifiy eBay that you're underaged, to take to a solicitor, then that's good.

 

If however you don't, eBay will be working on the assumption that you're over 18.

 

Despite the fact that Paypal is part of eBay, they will not have notified eBay that you are underaged. So if you have not done so, eBay will not know.

 

If you have notified eBay, then that's another matter entirely.

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I did contact eBay although I have no record of it, as the messages you send via their online form can be recorded in your Sent Messages, but seem to interestingly expire after a certain amount of time.

 

I think I shall get some legal advice, although I'm just thinking that it will be hard to explain to a solicitor, what things should I take with me?

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Everything.

 

The solicitor will ask you lots of questions and its important to be able to show what you can to back up your anwers.

 

Go in, make an appoinment and make sure they know you are only 16.

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Ok, so printoffs of emails they have sent me such as the one from PayPal. I dont have any record of messages I sent them though, that's my main worry. Because they conveniently expire after 1 month and delete from sent messages box.

 

I just found a belting email though :p

 

Dear XXXXXXX,

 

While reviewing your PayPal account, we have discovered that you do not

meet the minimum age requirement of age 18. As a result, full access to

this account has been denied. This decision may not be appealed.

 

Please call PayPal Customer Service at 1-888-221-1161 to facilitate the

disbursement of any funds remaining in your PayPal account. You can locate

the web form by typing the following in your browser:

https://www.paypal.com/emailus, choosing the topic "Limited Account

Access," clicking "Continue," and writing your instructions in the message

box.

 

Disbursement can be handled in one of two ways:

 

1. Your remaining account balance can be used to provide refunds to your

buyers (if applicable).

 

OR

 

2. Your remaining account balance will be held in your PayPal account for

180 days from the date your account was limited. After 180 days, you will

be notified via email with information on how to receive your remaining

funds.

 

We thank you for your prompt attention to this matter and apologize for any

inconvenience this may cause.

 

 

Nothing about closing my account, only that it will stay suspended under full knowledge of my age.

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Ok, in final preparation before going to the solicitors to make an appointment, what do you think I should take?

 

I dont have proof of emails sent to them, although they're probably stored on a server of theirs. I only have replies of emails, should I print these off and take them with me?

 

I have 2 letters from NCO Europe, a postcard saying they will call on Tuesday (no date, no time, no appointment made) and 1 letter from iQor telling me if I don't pay up, they'll begin legal proceedings which could result in: "interest on the balance outstanding", "legal expenses" and "difficulty getting credit".

 

And of course, I need to tell the solicitor how the DCA's became involved etc regarding eBay/PayPal Suspensions mentioned in my first post.

 

Is that all I should have? Thanks so much to everyone who has helped in this thread, will keep you all updated with the latest.

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Ok, I'll be going alone as don't want Dad to have to take some time off work, he already had 2 weeks off for a broken rib, don't want to add to his troubles. This should be a valuable experience if nothing else.

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I also took the time to contact Consumer Direct, a subsidary of TS and OFT with this rather long message, just hitting their 2275 character limit.

 

Firstly, let me tell I am 16 years old therefore under the age of 18 and a minor. Back in November 2008, I registered for an account on eBay and PayPal in full awareness that you had to be over the age of 18 for an account, although I wanted to sell some things, now I understand I was a bit daft in doing so, but the situation has developed to something more than signing upto a service under-age. I was selling xbox live subscriptions legally through eBay and taking payment through PayPal. After 1 month, I had received more than £1,700GBP and when this limit is reached, PayPal require you to partake in confirming your ID to comply with money laundering regulations. I knew you had to be over 18 and knew my account would be closed, so I admitted it, sent them a photocopy of my passport and they suspended my account with the money frozen. My eBay account was also frozen but I still had my item listings available for people to purchase, but I could do nothing to close them as my account was limited After about 3 days, it expired but in that time I had accumulated purchases I refunded every person with a full explanation that I could not fulfill the orders. Now when you sell something through eBay, the seller must pay final value fees which is a percentage of the final cost. Since I had been suspended on PayPal but stil received purchases, these costs added up and I was invoiced £288.14 for them, but when you refund someone, you should get your final value fees refunded also, but in this case - I was not refunded them. So after some time, several invoices, I received a letter from NCO Europe - a DCA outlining I now owed £308.14 (£20 more than eBay said). I ignored 2 letters from them as I just didn't know what to do. Nothing happened. Yesterday, I received a letter from iQor - another DCA - stating I owe them £308.14 and failure to pay will result in court action etc.I have done some research and found that a minor cannot be taken to court as he/she cannot be held liable on a contract, I contacted PayPal via email some months ago telling them I was under 18 and wanted my account to be terminated. They came back saying no can do. What is my next step to stop the DCAs as I am clearly under age but don't know what to do?
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So as to look prepared, I have read completely this document from the OFT regarding fair business ethics for DCA's: http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

I noted the following:

 

S2.4 e: Pursuing third parties for payment when they are not liable.

 

That would apply to me right, if the DCA in question was of full awareness of my age. Just wanted to gather some information about the law so I can ask the solicitor if such things can be dealt with accordingly.

 

Solicitors closed today, so heading there first thing after my examination in the morning. Oh the joy.

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the oft stuff is guidance, not law unfortunately.

 

Have you told the old man? this is the first thing to do. You've been earning good money - I doubt he'll be too upset. You might have to offer to cut him in though.

 

what is an xbox subscription and how do you sell it?

 

As a thought - to no-one in particular - I wonder what the tax position would be if he bust his personal allowance?

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Xbox Live Subscriptions are codes that are sold to allow the buyer to go online with their xbox 360 console, I purchased them from aregistered supplier in US, who sent them via email, I processed them into an access database, and setup a script to automatically select one from the database and send upon payment for instant delivery - something my rivals couldn't offer. It was a great business, I thoroughly enjoyed it, only to be beat down my PayPal/eBay. My own fault entirely, I just wish there could be a merchant service for under 18's setup by the government perhaps - only they would probably take a hefty fee as per usual :p

 

And I also though your latter question, and tried to find out for myself but didn't get any info regarding it, guess there's not many people under the age of 18 who would go over such allowance but surely there should be legislation setup.

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You sound really intelligent , i bet your dad would be very proud of you. Why not get your dad onside and ak him to set up an account and do it together ? (In his name of course !) x

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Thank you :) I already asked him this when I was starting out, he said he would love to but he doesn't like giving his bank details out online. Guess I'll have to wait until I turn of age, unless I meet a partner in the mean time.

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