EOS Solutions???

[cornz]

Sorry, only offering sugestions.

[cornz]

 

You should be aware that they will put a default on your credit file. Though I'm not sure if you even have one when you're under 18. Hopefully someone else will be able to advise about that.

 

 

Can they do this? in a previous life, i was dealing with NCO as i had/have a dispute with paypal, when i questioned NCO about this (NCO were paypals old DCA) they told me they couldnt affect your credit rating unless they took you to court and you defaulted.

[diddydicky]

Bailiffs can only get involved if they take you to court, and if they win, and if you don't pay the judgement. Frankly, it seems unlikely that they would try it on in court over such a small amount. If they did you would just counterclaim for the full amount because you didn't get the phone back.

 

They cannot legally add any charges, so you don't need to worry about it ending up as £1000s.

 

There will be no CCA, but you can always send a "prove it" letter to see what they come up with.

 

You should be aware that they will put a default on your credit file. Though I'm not sure if you even have one when you're under 18. Hopefully someone else will be able to advise about that.

 

if you are under 18 you cannot legally have entered into an agreement with paypal!

[Huff&Puff]

Can they do this? in a previous life, i was dealing with NCO as i had/have a dispute with paypal, when i questioned NCO about this (NCO were paypals old DCA) they told me they couldnt affect your credit rating unless they took you to court and you defaulted.

 

On reflection, I think I was wrong about that. However, you do have to watch DCAs, as what they can legally do and what they actually do are often two different things. It's hardly unknown for them to put a default on a credit file when they aren't entitled to

[cornz]

Bet its a right old laugh trying to remove that blemish from your credit file.

Surely there must be legal recourse if they do this, and if they do, must they inform you???

[Huff&Puff]

There are ways of getting false entries removed. But they don't have to (and don't) inform you of anything. So it is up to you to check your own credit file.

[cornz]

Well, i've printed my "prove the debt" letter and will post it shortly, will post replies on here.

[diddydicky]

There are ways of getting false entries removed. But they don't have to (and don't) inform you of anything. So it is up to you to check your own credit file.

 

the debt is so small that if you put (as you are entitled to) an explanatary note on the file at the CRA that you challenged them to prove the debt and they chose instead to mark your credit file with this marker-which you are trying to get removed- it will have no influence at all on future lenders if your credit record is otherwise clean

[Mogsey]

There are ways of getting false entries removed. But they don't have to (and don't) inform you of anything. So it is up to you to check your own credit file.

 

You never signed into any legal agreement, no paperwork was signed and you never recieved any credit from them, Paypal was simply a money transferring tool, and no profit was due to be made. They cannot affect your credit file, there all mickey mouse companies, no need to worry about this at all.

 

I recieved a letter stating that my balance was £400+ from NCO and now i have a letter stating a balance of £160...now come on...make your mind up. They threats are endless! i work within a collections centre and I know for sure what they are threatening you with is illegal.

[Huff&Puff]

I think you are missing the point a bit. They may not be legally entitled to mess with a credit file, but that does not necessarily stop them doing it. We see DCAs committing various unlawful acts on a daily basis, and as nobody sees fit to take any action against them, there is nothing to stop them continuing to do so in the future

[lardypants]

well its started to dat ive had two std type letetrs and now the phone calls are comming, in, a message saying about a urgent business matter pls call 0844 etc, other time they said same to my wife but i wasnt in.

[droozhba]

Hi Guys,

 

I've also just received a letter from EOS Solutions, claiming £220 for a debt they saw I owe to Paypal.

 

This is due to me selling a phone 2 years ago to a [EDIT], resulting in me losing the phone and Paypal placing my account in a negative balance.

 

This is the first I've heard off them for a long time, they seem to have changed debt collection agencies.

 

As far as I am concerned, I didnt sign any CCA credit agreement with Paypal, so the debt if basically unenforceable. Yes, they could try to take me to court, but I would counterclaim, ask for proof of debt, and by this point I'm sure they would withdraw their claim.

 

I would advise anybody who receives letters from these muppets to just ignore them, dont call them ever.

 

cheers

[SL8R]

Hi Guys,

 

I've also just received a letter from EOS Solutions, claiming £220 for a debt they saw I owe to Paypal.

 

This is due to me selling a phone 2 years ago to a [EDIT], resulting in me losing the phone and Paypal placing my account in a negative balance.

 

This is the first I've heard off them for a long time, they seem to have changed debt collection agencies.

 

As far as I am concerned, I didnt sign any CCA credit agreement with Paypal, so the debt if basically unenforceable. Yes, they could try to take me to court, but I would counterclaim, ask for proof of debt, and by this point I'm sure they would withdraw their claim.

 

I would advise anybody who receives letters from these muppets to just ignore them, dont call them ever.

 

cheers

 

 

 

Do you have proof of Postage Certificate or recorded slip ?

If so, this will suffice as proof you posted the item and the onus is on the recipient to prove otherwise... (Ebay/Paypal say otherwise, but the Courts except a Stamped Proof of Postage Certificate as certified...).

Ebay/Paypal think they are a law unto them selves with there terms and conditions, there not. Tell them you have Legal proof of postage and if they have refunded other party, you consider that an act of good faith on their part...

[lardypants]

well after a few missed calls i answerd the phone to eos yesterday, they started with the data protection thingy can i confirm and i said no , she was shocked lol, i basicly said i want it to go to court and then and only then if the judge makes me ill pay. all things to go in writing

 

then today she called again, asked me if i was willing to talk and go through the data thingy i said no lol, i wasnt rude or aggressive i just leveled with her and said no dissrespect if i hand over the money ill be 580 out of pocket paypal gave the money back to the [EDIT] not me so i will not be paying it, she then said ok well theres nothing more we are going to do they are going to return it to paypal, more then likely though paypal will give it to another company lol

 

however stg1 complete eos solutions 0 me 1

[cambsno]

Think i am in a similar position to lardypants.

 

I sold a mobile in Jan this year, all went through ok until around 6 weeks after when he opened a paypal dispute saying it was not as described. Paypal refunded him money straight away and he sent item back minus some of the bits (charger, manual etc...), I let paypal know and they did nothing about it apart from say 'go to the police'. I had loads of emails to and from them where they consistantly did not read or take on board what I was saying. I sold the phone again for far less (£170) and offered to pay them that, and they were not interested.

 

Had a series of calls and a letter from NCO(or NCA) about this and had an argument on the phone with one of their numpties... that was in May and nothing... until a letter from EOS today asking for the £319.

 

I have a good clean credit rating and do not want that to change. However, I made paypal a series of offers re: the money and they were not interested, so do I a) Ignore letter - it will probably go away, b) offer the £170 again?

 

The only thing that concerns me from other replies on here is the default on credit file. How serious is this and is it easy to remove, if they apply one?

[lardypants]

i wouldnt pay anything mate and they cannot put anything on your credit file

[diddydicky]

there are no credit agreements in existence and they cannot put anything on your credit file even if they wanted to

 

this is a civil dispute and only a CCJ can be recorded on your credit file- not a disputed debt

[lardypants]

and only that can be done once they have taken you to court, but they dont seem to ever do

[Dangerdoc]

Hi Guys,

 

This is a long reply. It contains specific text that has worked fantastically well in many situations where "Debt collection" agencies are involved.

 

The situation is really clear. All they are simply put is a leverage agency who only in a few clear cases will proceed with litigation against the person via County Court. There are a whole host of helpful statutes and as such many of the sub-clauses can be invoked - actually against them.

 

I have attached the main body of text that I use when PayPal try and send these fools after me, for some piddly amount when in actual fact, most of us are genuine users of eBay and have are the ripped off victim losing items and monies.

 

So the text I suggest should be read and carefully, very carefully, adjusted to your own circumstances but this should be minimal. I make no formal legal statement that it is totally watertight but it is clear as to what the intention is:

 

Fill your boots and use as you see fit:

 

"Dear Sirs,

Further to your letter dated (insert date in long format) I hereby give the following notice:

The matter or any PayPal debt being outstanding is formally contested in all respects, without exception. I absolutely do not acknowledge any such debt to (insert debt collection agency name here) nor PayPal or any third party thereto.

You are formally required to desist, without exception, from processing any form of my data, howsoever in accordance with Section 10, subsection (1) of The Data Protection Act 1998. You have 28 (twenty-eight) days from receipt of this communication to confirm your compliance or intended compliance with this demand. Should you decline to desist from this then you are formally required to provide your reasons in writing stating clearly all relevant statutes as to why you have declined to respond to my demand.

All communication from (insert debt collection name here) to myself of the above domicile address are to cease immediately, other than as to make your declaration as aforementioned.

You are formally notified that any approaches, other than in writing, will be considered direct harassment under Section 40 of The Administration of Justice Act 1970 and that any inappropriate written contact as harassment under The Administration of Justice Act 1970 or Section 1 of The Malicious Communications Act 1988.

(Insert debt collection name here) are formally prohibited from entering into any telephone correspondence with myself without exception. Any breach of this will be considered harassment and nuisance with the intention to menace after this notice has been served.

You are formally advised that the above domicile address complies with the implied licence as provided for under English Common Law for certain persons to visit the above domicile address without express permission i.e. Royal Mail staff, persons who seek to request directions (Armstrong v Sheppard and Short Limited [1959] 2 Q.B. Lord Evershed M. R.) and that as such any representative of either PayPal or (insert debt collection agency name here) or any third party acting directly on either PayPal or (insert debt collection agency name here) instruction(s) are formally hereby given notice that such licence to those persons is absolutely revoked indefinitely or until such times as I make formal written submissions revoking such prohibition. Failure to comply with this revocation will render the individual(s) liable to damages for the tort of trespass. Sending any third party will constitute conspiring to commit an act of trespass other than those persons employed by and acting for The Royal Mail carrying written communication as requested above, re The Data Protection Act 1998.

Should you ignore the aforementioned and continue to contact me regarding this alleged debt you will be required to provide full disclosure in written format setting out how the alleged debt a) exists and b) that you are acting legally in your instruction to recover such an alleged debt and c) provide a copy of a signed Consumer Credit Act Agreement between PayPal and myself in support of any alleged liability.

You should not ignore the aforementioned paragraphs in this communication as it is my intention to counterclaim for damages, harassment, nuisance and distress for any such breach or failure to comply strictly with legal code and statute in all respects at all times without exception.

You should note that there is absolutely no intention to make payment on this matter either in full or in part as there is no debt outstanding to either yourselves or your clients. Any legal proceedings against myself are welcomed and you are advised that these will be challenged robustly including the utilisation of The Unfair Contract Terms Act 1977 as this is considered fair and reasonable to this alleged debt.

You are further advised that extensive research has been undertaken regarding (insert debt collection agency name here) and where required Section 9 statements shall be obtained or persons summoned to attend in person at ay County Court in due course in order to contest this alleged debt and also to rebuff your operating methods and provide evidence of your menacing methods.

I trust this fully sets out my position on this matter.

Sign here "

 

OK I did say it was a bit response.

 

Can you please feed back on what you think as for me so far it has worked and gives you a wide range or legal options if they mess you about.

 

Doc

[Dangerdoc]

Yip it might do but then again it opens you up to the Malicious Communications Act and they are in a position to take action against you.

 

Then again, it was meant to be constructive. Maybe you are not able to manage that though. Some can't.

 

D

[diddydicky]

humour- wonderful thing in these circumstances sometimes- take three times a day!!!

[The GodMother]

Would it just be easyer to just pay it?

 

 

It i did go and pay it would it be the end of everthing?, could they take more out my debt card than they said. would anything els happen?

 

 

because i dont think they are going to stop and i am very worred as im only 17 lol

 

 

Adam i notice u said your only 17. I thought you had to be 18 to open a pay pal account.

[The GodMother]

Oh and just so u all know.

 

If you put a notice of correction on your CRF no body appart from you and the CRA can see it and i have been shown the proof of it.

 

When i was in dispute with C1 about the alleged debt i put a notice of correction on my account. I then went into my bank and applied to upgrade my Saving account to a current account taking ALL my papers with me this includes the evidence of dispute with C1.

 

The bank asked about the C1 problem and i said if you read the notice of correction you will see it nothing to do with e and as result i dont owe this money. They said they could not read a notice of dispute so i advised them what the CRA told me and they said look there is nothing there shew me my whole report, which i had in front of me, and said there were not notices of correction on there. I shew them proof i had put the notice of correction and that the CFA had put it on my file. When i queried this with experian in front of the bank they told me no one can see them.

[diddydicky]

Adam i notice u said your only 17. I thought you had to be 18 to open a pay pal account.

 

i think i pointed out awhile ago that yopu could not have acredit agreement as you were too young

 

tell them your age and point out that no legal contract exists

[broxie]

Dangerdoc, great letter, thanks! Just about to send it to EOS who seemed to have taken over an alleged Paypal that I spent a year getting NCO Europe off my back!

 

Just a note though, I wouldn't recommend signing the letter, just print your name or put X's through any signature.