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    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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watchinginvestigation2011

Paypal,postal order, bank transfer, safest?

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Advertised a samsung galaxy s2 on preloved.

 

I have had an offer which thinking on but person lives up north so know they would want it sent and I would use special delivery.

 

I have heard some horror stories if item is paid for by paypal for them to once get item say not as described, re ebay or phone not enclosed sort of things and claim the money back.

 

Whilst I know these things do genuinely probably go on,

I am aware from stories that items are regualry claimed as not received or as described to get refunds also,

 

need to protect myself as to be honest could not cope with them saying not in bag or missing etc when I know I posted it.

 

is there a way of protecting myself that would allow payment through paypal, but stop them claiming it back fraudulantly, as in would bank transfer via paypal help me.

 

I mean say for instance the phone genuinely went missing in post from packaging and again these things do happen,

I would have special delivery protection to 500.00 and would claim it back that way in a genuine case if package was handed to person and post office had damaged the package.

 

on my advert i will put will be sent special delivery,

do not accept from post office if package is opened or confirm that phone is okay before sign or return to postman etc....

 

..Then woudl know post office have to sort it out and would refund buyer pronto in mean time, also giving me proof of payment via pay pal for post office.

 

Is it funds transfer or would you say crossed postal orders are safer?

 

I can sell this phone to second hand store locally and get about 180.00 for it but that is low,

but if cannot sell hastle free, might just sell if for that than risk losing 250.00,

 

thanks xx

 

I appreciate it seems fraud goes on on both sides of phones sales, just could not cope being caught out so any tips appreciated.

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Confirm packaging okay I mean, cant expect postie to wait while charge, haha

 

Samsung a great phone, but I prefer my iphone and have got shop to transfer my number to micro simm and they happily said I could sell the phone and use iphone on my account.

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signed for with tracking [parcelforce]

 

you cannot dictate [as such] how someone pays their paypal account

 

but if you go outdide of paypal they will not protect you.

 

dx


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Thanks. After reading on the ebay forums I dont think I can trust paypal as a seller. As a buyer I would have no problems, but the stories over not as described etc....

 

Think I will re advertise as cash on collection and hope to find nearer buyer who happily can try it out. If not well second hand shop it is, at least no hastle come back

 

Thanks all same

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