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By thewhitequeen · Posted
The funds were taken by eBay, rather than Paypal. I presume Paypal collects the funds from eBay, and so eBay then sting me for the money. But either way, before this money was taken from my account, my eBay account balance showed as -£85. Yes, my bank account has been debited by this amount. eBay say that they are completely removed from the chargeback process, because it is carried out by the buyer's financial institution. So, conveniently, they cannot help, other than by refunding the chargeback fee of £14. -
By MANUKI12742 · Posted
Perfect, thanks for the detailed response. Once question, do you know how long it takes for the breathing space to get applied? Say for example I have payments due in 4 days and I apply today how does that work? Also, sorry for sounding stupid but what do you mean by default once the breathing space is in place? I mean what does "Default" mean. After the breathing space is over and I wanted more time, what would happen? I can and will afford the payments after a few months but I just need that breather to sort some stuff out, as I have said I have never missed a payment. Sorry for the many replies but after doing a quick search, correct me if i am wrong. If it then does go into default and it goes to a collection agency am I right in saying they will send many letters and they may consider a claim? and I should only response if an official MoneyClaim is made? Also, If it does go into default does this severely affect my credit score? or will this only be in the case if a CCJ is applied. -
there isn't one yet use the default mentioned already there. that covers all 3 debts as i assume the PAPLOC is for all 3 debts? dx -
a chargeback via a paypal account used in an ebay sale doesn't usually result in funds being sucked from your bank account, just that you attain a paypal negative balance. as you saying the money was taken by paypal from your bank account without you authorising this? or is it directly the buyers name that is shown? regarding the chargeback but either way you bank account HAS been debited? dx
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what solicitor is the PAPLOC from? then just search xxxx snotty letter dx
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
We have finally managed to obtain the transcript of this case.
The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.
Frankly I don't think that is any accident.
One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
This is good ethical practice.
It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.
OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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