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    • Hi slick!    On 22 July they said they would refund me £74.07 Theres no DD in place as my membership was a once off payment in November last year.  Hi Dx,    I paid through PayPal last year as a one off payment. 
    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
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Once a loan has defaulted CONTRACTUAL interest cannot be charged at a ursury rate, which is what they are trying to get away with. Basic breach of contract law there.

 

I don't believe in 'going for the full legally pleaded defence' when it is blindingly obvious the particulars of claim are enough to cause the company nightmares.

 

We need to know the legal team dealing with this as this again gives us vital clues as to how to do the defence.

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Ok thanks sillygirl1,

 

do you have the draft defence you have done that I can use? I really appreciate your help with this.

 

In terms of the legal team, it looks like its just a department within quid market, it doesnt give anyother details or names.

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Once a loan has defaulted CONTRACTUAL interest cannot be charged at a ursury rate, which is what they are trying to get away with. Basic breach of contract law there.

 

 

This is incorrect.

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Really appreciate your help on this and I thank you for doing a defence for me, real shame it has posted on here. Cant work out why. Does anybody else have any ideas or can anybody else help me with a defence as I am running out of time. Many thanks!

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Where are the Particulars of Claim guilfoyle? ..if you could re post.

 

Regards

 

Andy

We could do with some help from you.

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The particulars of claim are -

 

"Repayment of short term loan paid direct into the defendants bank account on 25/01/12. repayment due on 28/02/2012, loan not repaid on due date by defendant as per loan areement.

Proactive written and telephone attempts to communicate with Defendant as per loan agreement has failed to achieve resolution, repayment or acceptable repayment planlink3.gif. As per our loan agreement a daily rate of interestlink3.gif has been charged since default."

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Also Andy, sillygirl posted a defence for the second time which I saw on here and then I few minutes later it has gone again! why would that be as I really need to use it?

 

It has been unapproved. Please hang fire :)

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Site team have now been informed I am no longer taking an active role in this part of the forum - I am not legally trained and am not putting in legal stuff in defences as it often leads to further problems I cannot help with.

 

Sorry but this is now the third time a particular site person has intervened on something that was not needed nor commented or reported on as being a problem.

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Site team have now been informed I am no longer taking an active role in this part of the forum - I am not legally trained and am not putting in legal stuff in defences as it often leads to further problems I cannot help with.

 

That's a very sensible decision.

 

Best wishes.

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Guilfoyle I will draft you a suitable response shortly...just bear with me.

 

Regards

 

Andy

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Just to enlighten you, "1st Stop" pay day loans took me to CC and tried to take all the money from my wages - I wrote back to the CC and it was agreed I pay them £20 per month.

 

So, "1st Stop" have taken me to court, but surely I can't be the first that this has ever happened to?

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Take a read of this thread for now Post#39 contains the defence...then we can finalise a draft.

 

:- http://www.consumeractiongroup.co.uk/forum/showthread.php?362955-safe-loans-court-papers-issued-20-08&p=3989451#post3989451

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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What date is on the summons guilfoyle?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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You have until the 4th December to submit your defence ( 33 days ....2nd Nov) 5 deemed served so 28 (14 to AoS and a further 14 to submit your defence) =4th Dec.

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi Andy,

 

Thanks for the link, I've had a look over and still unsure how to start my defence. Are they allowed to charge the interest they have? and also can I mention anything about the harrasment phone calls each day at my place of work and the fact they told the customer service people where they were calling from etc?

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Hi guilfoyle

 

Every defence is unique as is every Particular of Claim...we can run through the finer detail next week... don't worry about the draft for now..just gather as much information as you can..history/paperwork..I will sort the draft defence for you.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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