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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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Talk Talk


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(One of two comapnies I am having problems with)

 

Just a bit of advice. I took out a talk talk account phone/broadband account in 2008. When I joined I had problems with my landline. Whilst it was being sorted Talk Talk added call divert to my mobile free of charge. However, once the problem was sorted, they kept it on my account (Even though it was not being diverted and even though i said i did not need it) and started chargeing me £2.50 per month for the facility.

 

They then kept charging me for paper billing, even though I asked not for this.

 

I then asked to downgrade my package. They said this would be actioned.

 

In a nutshell, I called them on an ongoing basis as they did not action any of this. They kept on saying it will be dealt with but it never was. After much complaning, they refunded some of my £2.50's for the call divert.

 

However, they continued to bill me for them plus at the higher package and continued to charge for paper billing.

 

I finally lost my patience and asked for the account to be cancelled. They said that any credits due would be credited. I cancelled my direct debit as they would have owed me money at this stage.

 

However......

 

They did not cancel the account nor did they refund me. They continued to bill me for everything. I wrote a letter of complaint. They did not respond. I then sent another one which they did respond to. Only 5 days later they wrote to say that they could not contact me and that they had closed the account.

 

I have followed their complaints procedure and even written to their head guy for complaints, but no response.

 

I have even submitted a complaint to Otello. They gave Talk Talk 28 days to respond. Despite them chasing talk talk, no response and 28 days is up tomorrow.

 

Don't know what to do. Talk Talk have now passed by details to debt collection agencies who keep writing. I 've called three of them who have said they will write back to talk talk. Only for talk talk to pass it onto another debt collection agency.

 

What are my rights as they owe me money and they are illegally passing on my info.

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  • 3 months later...

Need Some advice. After the above Otelo contacted me after several weeks. In conclusion Talk Talk admitted that they had made mistakes, however.

 

1) At the time I cancelled the account back in May 2010, the current outstanding bill was £39ish however, Talk Talk still owed a back log of credits which meant that they owed me money. At the time Otelo wrote back in November, Talk Talk had continued to bill me, no credits and no cancelled account. The amount was £179 at the time. Talk Talk offered to credit the account to £0 and offer me £40 in compensation.

 

Otelo ruled that they were offering to cancel the account free of charge as a gesture of goodwill and reduce my liability by £179 to £0. They also upped the compensation to £100.

 

2) They ruled that my claim of £300 was excessive, despite the amount of time I had spent writting to them, incurring phone bills trying to resolve this, incorrect billing by Talk Talk meaning that Talk Talk should have owed me money, talk talk refusing to cancel my account and they had no legal reason to charge me a cancellation charge and despite Talk Talk passing my details onto a debt collection agency.

 

3) I wrote back relunctantly accepting the £100 but stating that I was out of pocket. I also pointed out that at the time of cancellation they would have owed me money at the time. The £179 outstanding was down to Talk Talk not cancelling in May 2010 when they should have done.

 

4) Otelo wrote back on December 8th stating that they would be reviewing my contents.

 

5) Talk Talk then reduced the bill to £0, but since then have continued to Bill me again. The bill is now reasing £129.

 

6) I have pointed this out to Otelo but they did not seem to want to know. They stated that they are taking up to 10 weeks to reply.

 

7) I wrote a letter of complaint to Otelo as the tone of their letters, lack of urgency and I pointed out that this complaint with them has been with them since August 2010. I also pointed out that these actions alone seem to send out the signal that Talk Talk can continue treating customers like this and Otelo will do very little about it. I also called into question whether or not Otelo was fit for purpose. (A little bit strong but I feel I am justified due to the length of time this has taken and their lack of support)

 

Any further advice as I was e mailed stating that it could now take another 8 weeks to reply. Am getting very cross and angry about this all!

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Hi Roy

 

You could bill/invoice Talktalk for the phone calls and your time, for letters written, postage extra, obviously make it reasonable. If they fail to pay, send LBA.

Then take them to small claims court. I sure some people on this site have done this. You've already proved Talktalk are in the wrong.

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I have already done something similar, however, I refrained from going further as I was waiting for Otelo. Again, I have pointed out to Otelo that if I did take Talk Talk to court, they could be liable for more.

 

Its Otelo that appear not to have a grip on things.

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They're probably the same as the FOS, full of hot air.

 

I have already done something similar, however, I refrained from going further as I was waiting for Otelo. Again, I have pointed out to Otelo that if I did take Talk Talk to court, they could be liable for more.

 

Its Otelo that appear not to have a grip on things.

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Exactly. Even though we have a full confession, the so called regulator is failing in their duties and responsibilities. I wish there was something that could be done with these so called regulators as most are not fit for purpose.

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Whether Otelo are dealing or not,does not impede your rights or affect you filing a claim in SCC.

Very often this is the only route that gets anything sorted.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 3 months later...

Need some advice. The Ombudsman ruled in my favour but only to the amount of £100 in compensation. They ordered talk talk to pay this, along with reducing the account to nil, an apology and to close the account. They had 28 days to comply. This expired on the 14th April. On the 16th, I received a letter from talk talk, with an apology, promise to comply and that they would send a cheque for £100. They said 'please allow 10 working days to receive this'.

 

This did not happen and they have since billed me again. They did reduce the amount to nil, gave me a £100 credit but then billed me again. I called talk talk to advise them that they had not complied with the Ombudsman ruling nor their letter. They did not want to know and said that I would have to claim the £69 that the account was in credit for.

 

I reported this to the Ombudsman. They have since written a letter but Talk Talk still have not complied. The Ombudmans have been vague about enforcing their decision. One person said they would be taken to court by them, another said only if there were a number of cases and another said I would have to take them to court??

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