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    • 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 Actionfraud 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  
    • It'll be something to the effect of:  "I am in receipt of your letter before claim.  I was awaiting a passenger as a licensed cab driver on the Locton estate who subsequently cancelled the pickup after me waiting a while and will fight this in the small claims court if necessary. Plus I have friends who are experts in contractual law and make it their business to defeat these spurious PPC claims.  So issue the claim form or go forth and multiply, up to you"
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Hi

 

I sent 4 letters out to 2 loan and 2 credit companies 3 weeks ago, and sent a token payment as i was 3 months behind on all.

 

I sent a letter about my situation, a budget sheet indicating i am seriously in the red each month, and a token payment by cheque that was the rough sum of 1 months payment (that i had to borrow).

 

I didnt send them recorded, which at first seemed a mistake.

 

But, i noticed 1 by 1, all the cheques was cashed, and thus they must have got my letter.

 

3 weeks on, not heard anything but still the debt collectors call.

 

I expressed i wanted to communicate via letter, thus thinking calls would stop.

 

I keep getting letters from Global (debt collectors) too, as if they have no clue and keep saying i ignor them, despite having sent a letter in 3 weeks ago. No global are saying they are taking me to court as i have continued to ignor them, but i have sent letters to origional lenders well over 3 weeks ago now.

 

Help =)

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Hi there,

 

Oviously they have cashed the cheques and you have that proof so rewrite to them and send the letters recorded this time! have a look in the CAG libary where there are the template letters about no longer receiving calls and that everything must be in writing etc.

 

Sorry i'm not the best at this, but it might be a good starting block.

Please sign this petition - Asking for the government to drop the length of time credit ref agencies can hold data on us!!

 

http://petitions.number10.gov.uk/CreditRA/

 

:smile::p:rolleyes:

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Hi, Starfighter.

 

How old are the Loans ect, and are there any charges you could re-claim.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi

 

The loans are 17 and 15 months old now.

 

Not sure on what charges i could reclaim as there are many. Most charges they have given me are per letter charges.

 

£25 per letter if i remember right, which is OTT, but thats finance hey.

 

Thanks again for any help or advice.

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Hi Starfighter,

you mus be very careful with these DCAs. They send all kinds of letters such as you have quoted - "you are ignoring us" etc.

I personally think they send them simply to show a judge at a later hearing that they have done all they can for the debtor.

Most DCAs are at it, and its hard to disprove unless you write back recorded and ask them what the hell they are on about - at least that way there is a two-sided arguement should it ever go to court.

These **** are the lowest of the low, and I think there is very little, if no remedy within English Law to stop their underhand tactics. We all play the "battle of the letters" with them, but then all is decided by one court, with one judge on one day - and it all rests on the personal views of that judge unless you can demonstrate that you know the relevant law and are not someone who can simply be "passed over".

Your best course of action is to do it all yourself - with the great help of this site of course - dont rely on professionals it usually turns out that they are not that professional after all.

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Thanks for all this information and help, i am working through it as we speak.

 

I find it funny that unfair charges are frowned upon in so many other industries, and usually money ones.

 

Reading just a few days ago that an estate agent it been taken to court over unfair charges and penalties, they charged for everything basicly, and this is what banks and other financial institutions do.

 

Should be a not-for-profit bank, maybe then we'll all have a little extra cash and stop making the rich bankers even more richer.

 

I am finding this site most useful, so thanks all.

 

I "WILL" Donate a percentage if i get any fees back, as to me its money i wouldnt otherwise have, so i should put it back to the community to do a little good and try stop this happening.

 

Thanks

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