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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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Capquest Lies


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Just had a phone call from "The Telegram Office" in Glasgow, I was straight away suspicious when they needed my address to forward an urgent letter to me. I hung up, got the number and of course it was 01252 576376 - Capquest

 

Is it just the normal complaints to OFT for them pretending to be someone else?

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

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18/06/09

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Definitely. If OFT get enough complaints, they may actually ring them up and blow a rasperry at them. that'll teach them, won't it?

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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That's kind of my thoughts, is it really worth reporting them. I feel as though I have written so many letters to OFT and absolutely sod all has been done

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

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18/06/09

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Seriously, I would let OFT and Trading standards know. They need evidence and that's evidence of Crapquests deceitful practices

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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I've reported it to OFT and TS, but wont hold my breath.

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Just had another call from the same woman and asked her if she wanted the number for OFT:D

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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reply from OFT

 

 

Dear Miss Natalie

Consumer Credit Act 1974 (the Act)

Complaint Against: Capquest Debt Recovery Limited

Licence No: 475757

Thank you for your email received on 9 December 2009.

I am very sorry to hear about the difficulties you have experienced with the above mentioned trader however, the OFT has no authority to become involved in individual disputes between consumers and traders so we cannot advise you directly in this matter. Our role is to protect the collective interests of consumers.

For specialist, face-to-face assistance, or intervention, you may wish to seek legal advice either through a local Citizens' Advice Bureau or directly from a legal adviser. The Financial Ombudsman Service can help with most complaints about consumer credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the consumer credit licensee itself.

I can confirm that the business you mention holds a consumer credit licence. Under the Consumer Credit Act, holders of consumer credit licences must be fit and competent to do so and the OFT has a duty to monitor the fitness and conduct of all traders who hold such a licence.

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat individuals fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

We have therefore noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take. If we do take any action against this trader, it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you could sign the enclosed consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information.

Thank you again for writing to us and bringing this matter to our attention.

Yours sincerely

Olushola Egbowon

Enquiries and Reporting Centre

Office of Fair Trading

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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yup! but then I wasnt expecting more tbh.

 

Complete waste of time.

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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[quote=natalie;2646162

Complete waste of time.

 

It may seem so, but every complaint about cr@pquest will go into the same drawer, then when the time comes for renewing their credit licence the OFT will have them explain.

 

Have you made a complaint to the following also?

Ofcom

 

Consumer Direct

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have complained to Consumer Direct, but not Ofcom. Would it come under malicious phone calls then?

If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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I couldn't resist it, so rang them up, and asked them why they felt the need to hide behind a fictitious name when in fact they were really Capquest.....but were not sir, we send out business correspondence.....Really! Well you can tell Capquest that I don't want their business, and I shall forward on a copy of this phone recording to the OFT to investigate your fraudulent activities....:D

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have complained to Consumer Direct, but not Ofcom. Would it come under malicious phone calls then?

 

Yeah i don't see why not? Gives it more clout, and hopefully something will get done about it. In fact it would be malicious giving they keep on calling and that you are suspicious of who they claim to say they are.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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A dog went to a telegram office, took out a blank form and wrote: "Woof. Woof. Woof. Woof. Woof. Woof. Woof. Woof. Woof." The clerk examined the paper and politely told the dog: "There are only nine words here. You could send another ‘Woof’ for the same price." The dog replied, "But that would make no sense at all."

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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