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    • DX,   I've just noticed something, if you look at the uploaded documents relating to the CCA #6   You see the 2nd and 3rd page are contracts the first one is a blank contract the 2nd one is a digitally signed contract for Very. I can only assume the originally creditor sent the contracts digitally to the DCA and it looks like one of them has either been printed out as a blank page or they have removed the information from 2nd contract and made it look like 2 seperate contracts?   It looks like they only have information relating to Very and not Littlewoods? surley a none signed contract with no name detailing no amount of credit is not legally binding in court?   It looks like if it gets to court they'll go for the Very account but not have a case to argue the Littlewoods one?   Shop direct own both companies so assuming regardless of one signed contract for one company name would still need a seperate contract for another? and one signed contract doesn't work for both?   If this does go to court at what point do I ask for the hearing to be done local to me?
    • For Chrissake simeon!!!   Of course you cannot find para 18(d) that I referred to in #120!!!  That is because - if you had bothered to read #120 post correctly - you would have seen that para 18(d) is in FTMDave's post #105.   One of the improvements that FTMDave had made in #105 to my earlier draft was to replace my paras 13 and 14 with a single combined para 13.  This reduced the total number of paragraphs by one.  That was a good thing to do.   YOU in #121 then reverted to my earlier draft, thus wrongly reinstating para 14 from my draft which FTMDave had removed .  This meant that the para 18(d) that I referred to in #120 had become 19(d) in your version in #121!!!    So when I referred in #120 to FTMDave's draft in #105 and to para 18(d), I was referring to para 18(d) in #105, and not to any draft that I produced days earlier or that anyone else had produced.   And then, now that the para 18(d) confusion that YOU have created is sorted out, you must surely understand my references to para 19 after para 18(d), and to adding a new paragraph 20   Do you understand now?  (You must stop reverting to ealier draft versions and stick with the latest - otherwise it becomes incredibly confusing for all of us and you won't get this counterclaim completed in time!!!)   ========================================================================   All I can really advise you to do now is to read FTMDave's suggestions in #131, and follow them!   (You might find it helpful if you read again all our posts from #120 onwards to help you understand FTMDave's advice.)   You need to sort out your attachments (or exhibits if you prefer).  You've got them in front of you - we haven't - and you understand them better than we do.  Just make sure they are numbered and ordered correctly and are cross-referenced correctly to the Particulars of counterclaim.   Add in interest as per FTMDave's instructions.   And that is it.  From here it's not rocket science, it's just common sense.  If you don't understand by now we can't help.  You just need to polish it off.    
    • Hi there. To answer your questions. The Assessment of the car I got was by the DVSA. The 3 Dangerous faults. Seatbelt webbing significantly weakened offside front. Seatbelt webbing significantly weakened nearside front. Passengers seat insecure Nearside.   The Seven Dangerous Faults. Headlamp aim obviously incorrect. Supplementary restraint system indicates a fault Drivers door hinge insecure Fuel cap sealing device missing (cap seal missing) Fuel Cap Sealing device ineffective (filler neck sealing face damaged) Battery insecure and likely to cause a short circuit Power steering malfunctioning (limited power assistance, power steering pump noisy)   2 advisories  no spare wheel fitted Tyre worn close to legal limit.   The link to Companies House https://find-and-update.company-information.service.gov.uk/company/08471137   The MOT was obtained on the 8th of October after I had paid a deposit and two days before I took possession of the vehicle. The Garage the MOT was obtained from is in Bristol as is the dealer. I live around 130 miles from the dealer.   I have engaged with the thread as far as possible with other commitments and did not notice the set of questions I did not reply to in my first post which was responded to at 1 in the morning. Any help is gratefully received.      
    • ok. well you could try appealing using the forms you used before i will guess these: you dealt with the others so why not this one? they at the time should have equally been aware there was another PCN outstanding and dealt with that too or atleast told you.   not really sure but worth a try.   im sure a brief likewise note to the bailiff will halt things for now, once he know forms have gone in/history.   dx  
    • Hi BankFodder,  From what I see, the MOT place is based in Milton Keys, the dealership said that they received this vehicle in a trade-in deal.  The agent said he has used this vehicle to travel to Birmingham and back to London with no issues, but then when I spoke with another agent via phone, he stated that its a new vehicle and they haven't really test driven it properly etc... I believe that everything they have said so far is a lie and what they stated on the sales/page on auto-trader is also a lie.  I'm unsure who did the MOT, but I have reason to believe it was the previous owner. 
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Ebay seller refusing to refund after selling a faulty car bumper


wannafreeze
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Hi this is my first post. last month i bought a car bumper on ebay. the seller said 48 hours shipping but shipped it 2 weeks later. i sent my car and the bumper for fitting to the bodyshop once i got the item. the mechanics called me the next day and told me that the bumper was faulty as it does not fit the car model even though the seller claims on his listing that all products are tested. so i notified the seller stating that the mechanics find the bumper to be faulty and what is the next step... he says i should go fix it my self that he's not responsible. this is someone who trades on ebay and not a private seller. i contacted consumer direct and they said that under sale of goods act 1979 if i find the product to be of not satisfactory quality and unfit for purpose i should be able get my money back and loss and damage as the body shop will charge me for storing my car till i find another bumper.

luckily 2 days later i was able to get another bumper and the car is now all done.

 

i went and opened a case with ebay resolution center, and i stated my facts and instead of posting the photos of the faulty item i gave the seller links to the item i posted on flicker thinking then ebay too can see the state of the item. the seller was a total bully was stating that he will get hold of my phone number one way or the other. i just told him payup and collect your faulty item or i'll see you in small claims court. (on ebay i only requested for the original item i paid for, i didn't ask him to pay for the damages or anything)

so the seller kept sending me msg's stating that i've got no case so i left him a negative feedback, then he agreed to pay me the money and pick up the item at his own expence if i remove the negative feedback.

so he sent me the refund offer through ebay and i accepted it and he sent me an option to revise the feedback and i did. after that he went back and refuse to pay again and said there's nothing i can do about it or will see my money. ebay doesn't seem to be bothered.

how do i make a claim through small claims court for the money and the extra charges and the mechanics have already agreed that incase of court action they'll be happy to come and testify to the quality of the bumper that was sold.

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It is not so clear what exactly it means, "so he sent me the refund offer through ebay", but the upshot would seem to be that the story describes a criminal offence and the evidence to prove it is available, so I'd be discussing this with the Police, or pursuing a private prosecution if the Police or Trading Standards let you down.

 

8)

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do you mean he offered a refund, you them closed the dipsute (wihhout the refund) and he backtracked?

Edited by IdaInFife
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I doubt the police would be interested. I'm not sure what criminal offence might have been committed, but am happy to be corrected.

 

Suing is fairly easy, basically filling in a form (which can be done online) and paying HMCS a few quid, but answer the above questions and we can advise more fully.

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  • 2 weeks later...

thank you all for the replies :) when i said a refund at the top what i meant was the refund agreement that can be sent through ebay resolution center.

and the sender has 3 days to make a refund through payapl. and i have in writing all these. as usual stupid ebay is only bothered about getting their seller fees. they said eventhough it's against their rules to commit feedback extortion there's nothing you can do about it. i don't even know why they even bothered to put that extortion is taken very seriously and will be dealt with according to ebay regulations if they turn around and tell me they don't know what to do about it...Sigh!!! guess i will think 10x before renewing ebay membership once it expires.

 

 

Any how i'm now in the process of sending off the documents to the local county court. i just have a few questions and would be great if you guys can help me out. when i'm filling the n1 form do i make blank copies and fill only mine and send to court or fill 1 form and take 3 photocopies?

and can i post the form or do i need to visit the court counter in person and submit and if i post it do i make the payment in a postal order or what?

and finally the evidence that i have does it need to be submitted to the county court too and since the seller has given me with a trading address and my claim is for a fix amount do i need to make the claim against the person and the trading address i paid on paypal or directly to the trading address, because i want to avoid the case being transferred to the defendants county court incase a court appearence is required.

 

thanks all. have a nice weekend. :D

Edited by wannafreeze
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Right. depending on your claim you might be able to do it online - google mcol. You can pay by card.

 

If you are doing it in person, go to the courts service website and download the pdf n1. You can't save it but you can paste in the text and then print as many as you want. Pay in person, post a cheque. Personally I'd deliver by hand. It is not unheard of for them to return posted versions, or not issue them because of some perceived problem. Often incorrectly. You need to ride them.

 

What is the evidence? you will almost certainly not need to send anything with the n1. That will come later after the allocation questionnaire.

 

You might not be able to avoid the case being transferred to the defendant's home court, unless they are a trader it is likely that this will happen automatically.

 

I'm not sure I quite get what you are asking with the trading name thing - can you clarify?

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by trading address what i meant was that on ebay i was only able to get the name and the address of the name of the company but not an individual's name. but on paypal when i made the payment it showed the name of a person.

so when making the claim do i put the company or the trading address or do i put the name of the person on paypal, since in most cases all these traders open an ebay account in their name but put their partners details as the payee on paypal...

and as you mentioned above to avoid the case being transffered to a different county.

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hi, i checked on the companies house and i was able to find a ltd compnay registered under the same name, but has a different address and a location. so i'm not 100% sure if it's the same company....

Edited by wannafreeze
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