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    • what rights of access do you have on your agreement with the landlord?   i suspect you shouldn't have to pay a thing.
    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
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Hi everyone.

I'm new here and looking for advice on this awful DCA!

They are chasing a 'debt' on behalf of Ebay, and I have sent them a letter basically asking them to produce a signed credit agreement which they have written back saying that Ebay cannot provide this.

What do I do now? Presumably the 'debt' is null and void if no credit agreement can be produced?

Thank you

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Hi and welcome to CAG

 

I have moved your post to the Debt collectors forum


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Guest Cartaphilus

There are no credit agreements for Ebay. Secondly, Igor - and their bananas - can't do much of anything. Thirdly, they can't take you to court.

Presumably the 'debt' is null and void if no credit agreement can be produced?

 

Debt still exists.

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Guest Cartaphilus

Fight it? Not sure what you mean. If you have a debt with Ebay, then there must be a reason for this: non-payment of fees, that kind of thing. I am sure if you have a read around this forum you will find plenty more of these situations to give you a better idea.

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Ebay refunded a customer for an item that was not returned. I told Ebay it was not returned. Their response was basically not bothered, we have paid the buyer back, therefore you now owe us money.

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Guest Cartaphilus
Their response was basically not bothered, we have paid the buyer back, therefore you now owe us money.

 

Then Ebay has broken it's own terms and conditions because Paypal (also Ebay, of course) stipulate in their dispute process that any buyer MUST return goods before refund is provided. Have you approached Consumer Direct for help with this because if you haven't had your goods returned then surely that would be 'theft?'. However, your situation sounds quite typical compared to others in your situation.

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Hello Guests!:wave:

 

Why did they refund the buyer? What was the reason for it, were the goods faulty?

Did you inform the buyer that they were required to return the goods?

http://www.out-law.com/page-430#Return


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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Guest Cartaphilus

Yes, what reason was it you were given by Ebay for this refund?

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Then Ebay has broken it's own terms and conditions because Paypal (also Ebay, of course) stipulate in their dispute process that any buyer MUST return goods before refund is provided. Have you approached Consumer Direct for help with this because if you haven't had your goods returned then surely that would be 'theft?'. However, your situation sounds quite typical compared to others in your situation.

 

Not necessarily, distance selling regs state that for one their has to be a cooling off period, of at least 7 days, then the seller has to inform the consumer that they require the item to be returned, and if this isn't done within 21 days of the dispute then the consumer doesn't have to keep hold of the goods or provide any reasonable care toward them, so can basically bin them if they are not as described, faulty or whatever the problem is between consumer and seller.


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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Guest Cartaphilus

Well, okay, my mistake. What I was meaning was that under the dispute process in Paypal, goods are returned usually by a trackable means to the seller on Ebay then refund is issued; or it used to be. Ginger, can you let us know what reason the buyer had to get a refund? Significantly not as described or non-receipt. I got confused because I was thinking about the dispute resolution process for a SNAD. Sorry for the acronym, a product of hanging around reading the Ebay forums! :D

 

When does an item "not as described" claim become a "forced return" for sellers?

Generally, buyer remorse isn't acceptable justification for an item not as described case. However, if the seller agrees in writing through eBay messages to refund the buyer upon return of the item, and then the seller doesn't refund the buyer upon return of the item, eBay may refund the buyer and seek reimbursement from the seller.

 

Also, if it appears based on information from the buyer and information in the item listing that the item is not as described, then the buyer must return it to the seller to qualify for a refund. An exception to this is that buyers who get a manufacturer or law enforcement certification that the item is not authentic, won't be required to return the item to the seller. Instead, we may require proof of destruction of the item from the buyer. (Please refer to the "What happens if a buyer believes an item is not authentic?" section of the eBay Buyer Protection Policy for more information.)

Edited by Cartaphilus

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When Paypal clamped their Deep Freeze on my accounts with no reason beside to fund their cash flow, I decided they and their cronies, eBay can take a hike.

 

They passed some accounts to iQor but I soon learn it is actually iGnore, They disappeared quitely and a few months later some EOS Solution tried to raise their silly head. I send them the "Prove Letter" and they could not run away quickly enough. Quit since.

 

You can safely ignore these idiots, their is absolute nothing they can do, if you still feel you want to deal with the original eBay account, then deal directly with them. Me personally developed such a low opinion of eBay and Paypal that I wouldn't, but that's me!


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Yes there is that also, Ebay/PP would be laughed out of court if they ever chanced their limp arms at taking anyone there!

I have never heard of anyone being taken to court by Ebay/PP for unpaid fees or disputes, simply because their T&C's would get ripped to shreds by the DJ.


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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Guest Cartaphilus

From what I read, they never take anyone to court. So, nothing to worry about. Except you won't be able to use your Ebay account again, of course. Loads of guests again. (shrugs shoulders). ;)

 

if you still feel you want to deal with the original eBay account, then deal directly with them.

 

If you do decide to pay Ebay, then ignore Igor as they will have added a fee (which they will argue the toss and say 'he said she said' ie Ebay said it ...) anyway to the amount, you can do so at anytime (read some have paid Ebay directly up to a full year and had their account reinstated) ... But, to be a bit more helpful, you will face 'restrictions' on your account. In that, they will force you to have a card or direct debit listed on your account for monthly fee payments. As far as I know, that is or was the only restriction Ebay were placing on their accounts following a visit to their local friendly DCA friends. Usually it's IJ, but I guess Igor is the flavour of the month.

 

But as already said, which you can read for yourself on the many forums (of which there are potentially thousands of cases like yours), you can relax where Igor are concerned.

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The buyer claimed that the item was SNAD, and claimed that it was broken (which it wasn't when I sent it, but that's by the by). ebay instructed him to return the item. He did via royal mail, there was tracking on the parcel, but he then contacted the post office, arranged for the delivery address to be changed to his address, the item was returned to him and Bob's your uncle, he now has the item and proof of postage (to his address). stupid Ebay didn't bother to check WHERE the item had been delivered to, just noted that it had been, refunded the buyer and are now after me for the money. Police won't help me and I still do not have my item. As I see it, Ebay f***ed up, why should I foot the bill?

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. I send them the "Prove Letter" and they could not run away quickly enough. Quit since.!

 

Which letter is that?

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Which letter is that?

 

2October 2010

EOS Solutions UK Plc

2 Birchwood Office Park

Fearnwood

WA2 0XS

 

Dear Sir/Madam

 

Re:− Account/Reference Number

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to EOS Solutions UK Plc., unless you can provide evidence as to my liability towards you for the debt in question, please ensure the matter is handed back to Paypal Private Ltd.

 

As you seem intent on asking for payment for this unenforceable account, I will reiterate that you will of course be aware I have absolutely no intention of paying money to you, or anyone else who can not prove they own the alleged debt, or indeed that I owe it.

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods.

 

Furthermore ignoring or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account as well as the ceasing of generically produced correspondence unless you can provide evidence as to my liability towards you for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

TAKE URGENT NOTE:

I DO NOT WISH TO RECEIVE OR ENTER INTO CORRESPONDENCE WITH YOU OR ANY REPRESENTATIVE OF YOUR ORGANISATION, OR INDEED ANY AGENTS OR REPRESENTATIVE EMPLOYED BY ANY ORGANISATION THAT YOU AND Paypal Private LtdISSUE/D INSTRUCTIONS TO.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.)

 

THEREFORE TAKE NOTE THAT I REVOKE LICENSE UNDER COMMON LAW FOR YOU, OR YOUR REPRESENTATIVES TO VISIT ME AT MY PROPERTY AND IF YOU DO SO, THEN YOU WILL BE LIABLE FOR DAMAGES FOR A TORT OF TRESSPASS AND ACTION WILL BE TAKEN, INCLUDING BUT NOT LIMITED TO, POLICE ATTENDANCE

 

I trust this outlines my position clearly and you may consider this to be my final response.

 

Yours Sincerely,

 

I also always enjoying posting this series of letters:

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=20140&d=1279699306


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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link3.gif
instructed him to return the item. He did via royal mail, there was tracking on the parcel, but he then contacted the post office, arranged for the delivery address to be changed to his address, the item was returned to him and Bob's your uncle, he now has the item and proof of postage (to his address).

 

Bit of an unlikely story IMO..

 

''he then contacted the post office, arranged for the delivery address to be changed to his address...''

 

but in any case ebay/paypal require proof of receipt--on line signature-- not proof of posting

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Guest Cartaphilus
The buyer claimed that the item was SNAD, and claimed that it was broken (which it wasn't when I sent it, but that's by the by).

link3.gif
instructed him to return the item. He did via royal mail, there was tracking on the parcel, but he then contacted the post office, arranged for the delivery address to be changed to his address, the item was returned to him and Bob's your uncle, he now has the item and proof of postage (to his address). stupid Ebay didn't bother to check WHERE the item had been delivered to, just noted that it had been, refunded the buyer and are now after me for the money. Police won't help me and I still do not have my item. As I see it, Ebay f***ed up, why should I foot the bill?

 

Ah, I see .. So it turned out to be the SNAD, then? I'm with Midden on this.

 

but in any case ebay/paypal require proof of receipt--on line signature-- not proof of posting

 

Essentially what I was trying to say earlier about Ebay's refund process. Really not sure about your situation TBH.

 

I've been using Ebay/Paypal for years BTW. ;)

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Bit of an unlikely story IMO..

 

''he then contacted the post office, arranged for the delivery address to be changed to his address...''

 

but in any case ebay/paypal require proof of receipt--on line signature-- not proof of posting

 

When I contacted the post office and asked them why when I did track and trace on their website did it say that the item was delivered, they told me that the sender had recalled the package. Believe me, I wish this wasn't true as the item is worth approx. £300!

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I meant proof of delivery, not postage.

I thought people responding to my thread would try to help me, not question my integrity?!

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Well in that case then, I feel your only recourse would be to contact ebay again! And inform them that the buyer refused to return the item, so has the item AND the money they have foolishly refunded him, and in actual fact it is him they should be requesting the money off, not you, if they still ignore and give you some flannel, then IMO I would simply cut my losses, open another account and let them continue to do the proverbial into the wind, there is nothing more they can do, and the very least they will do is continue to issue empty missives by there laugh a minute DCA.


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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It is unclear what has happened here, it is not possible to change the delivery address of an item once it has been posted so that makes no sense, but if an item has tried to be delivered and it wasnt and a card was left and no-one picks it up then it will be returned to the sender.

 

IMO it would be worth fighting this with Ebay/Paypal inform them of this, they will listen eventually but at times it is like hitting your head against a wall.

 

Failing this, it is possible to start new ebay/paypal accounts (if you are a bit sneaky), it is well known that Ebay/Paypal dont pursue claims like this through the courts, you will be hassled by DCA's though, I'm getting used to my morning Iqor calls now ..muppets.

 

Andy

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When I contacted the post office and asked them why when I did track and trace on their website did it say that the item was delivered, they told me that the sender had recalled the package. Believe me, I wish this wasn't true as the item is worth approx. £300!

 

 

Not questioning your integrity,as I know the problems that can occur with ebay as they usually side with the buyer in any dispute,but your posts do not fully explain the situation.

 

I assume that for 'contacted post office' you actually mean contacted 'Royal Mail' or 'ParcelForce'?

 

Track and Trace shows the address to which the item was delivered.

 

AFAIK it is not possible to 'recall' a parcel once it has entered the mail system.

 

What was the nature of the item? Was it of a delicate nature?

 

As the item was worth £300 was it sent by Special Delivery?

 

If the item was damaged on arrival any investigation would require the packaging to be retain for possible inspection and if the item was broken why did the buyer accept the delivery as good by signing for it in the first place?

 

Any claim against the Royal mail would probably hinge on this.

 

Are you a trader or a genuine private seller?

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