Jump to content


  • Tweets

  • Posts

    • Thanks guys. Updated witness statement accordingly with dx's post. I have a draft order. As follows, is this ok?   It is ordered that: 1. The default judgment dated 10 November 2021 be set aside. 2. The Claimant pays the Defendant’s costs of this application to the sum of £275. 3. The Claimant has permission to file and serve a reply if so required.   4. All enforcement be put on hold pending the outcome of the application.   So with the N244.. include the Witness statement, draft defence, and draft order? And include a copy of all evidence?   Thanks
    • we need the exact particulars of claim, not what you have put please.  
    • Thank you everyone for your quick responses I just wish I posted here in the first place    I probably shouldn't have filled in the claim form however on the letter it said I had limited time to do so and because I was dealing with CST law trying to come to an agreement with paying off the debt I didn't think it would get to this point and now I have probably made my situation worst. Of course, I would have posted here first before sending it off had I not been in communication with CST to set up an agreement.    I sent the letter back to the court as some point in early August, the issue date on the claim form is 28th July and the most recent letter I have received 'Notice of fast track' is dated 18th November    If I am honest I can't fully remember what I wrote word for word in my defence, it would have been along the lines of why I left, my reasons and the fact I returned to my old career in an office plus taking a pay cut to do so. There wasn't much room to write a long winded defence so I kept it relativity short.   The above document Andy has posted is the exact document I am now looking at very confused in what exactly I put where    I just want to re-iterate I never agreed with this money I owe due to the training bond but it has gone on for so long at this point I'm happy to set up a payment plan if the balance can get reduced or a small one off payment upfront and this is exactly what I was trying to do prior to receiving the most recent letter    I have had zero communication from CST law, Centrica advised me to deal with them directly and I was waiting for a response from CST with the offer we had put across to Centrica - I chased it multiple times the following weeks and they kept telling me they haven't had a response and when they do we'll contact you which they still have not   Ideally I would rather not give them any money however I feel like I am out of options at what I probably should have done years ago is attempt to get it reduced and set up a payment plan    Please let me know if I have missed any critical info out    Thanks again for everyones help    What is the claim for – the reason they have issued the claim? I left a British Gas apprenticeship within the first 12 months of starting and went back to my old career in an office , my reasons for leaving were down to the completely differant job role which I realised quikcly was not for me and it was impacting my mental health massively. The claim is for a training bond which was in a contract I signed based on a sliding scale Year 1 - £9,000 year 2 £6,000 year 3 £3,000     What is the total value of the claim? £13433    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No  Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Training bond due to leaving an apprenticeship before 3 years    When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? They have sent me a virtually signed document with the contract   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Centrica are claimant, CST law are dealing and the court   Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so yes   Did you receive a Default Notice from the original creditor? I have had multiple letters like everyone else who has been on the forum over the years regarding this matter   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I am unsure, but when I left I had contested the original claim as I was dealing directly with Centrica’s collection team and they never got back to me after the final email I had sent and didn’t hear anything until years down the line   Why did you cease payments? N/A   What was the date of your last payment? N/A   Was there a dispute with the original creditor that remains unresolved? Correct I oringinally contested what was owed back in 2017 and gave my reasons for leaving and I assumed the matter was closed   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • OK thanks again Andy.   And understood 👍😉
    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and informed the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court?   If they really believe that they had done everything correctly and that the money was fraudulent, then they would not offer it to you back under any circumstances. It would be illegal for them to do so. You can be certain that these people do not want to go to court. In fact they probably wish they had never started.   Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing any further offer, I'm already suggesting that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
  • Recommended Topics

  • Our picks

  • Recommended Topics

prob with e bay on line store? plz help urgent


roguehunter
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2566 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I have an issue with e bay and an one line store recently and wondered if some some could help me ?

 

I ordered an item for halloween and paid extra to get the item for next day delivery after checking they were able to do so. I waited patiently to discover halloween came and still no outfit, i had struggled to find their telephone number to contact them and was still waiting on the reply to an e mail regarding this.

I hadn’t been out in 2o years so this was a very special occasion to me and I love halloween so spent far to much on this so I could have a great time.

 

In pure desperation I was trying the internet and any where to see if I could find their telephone number but still could not find them? In desperation I called one of the 118 numbers to see if they could help not knowing latter I would find out for this one call and they still didn’t have the number

it would end up costing me £15.oo and being on a benefit its all a real struggle for me.

 

When I finally found their number out of pure luck and (I have no idea) I phoned them and they seamed nice and did try to help, but they told me that some one had left the parcel bag some where and its probably been stolen. When I asked why didn’t they e mail or call to let me know I was given excuses of were not sure who’s have gone.

 

The only thing he was able to do was to ring his people who he gets these orders from direct so I could get it their, but it was approx 1 /2 hours away one way in Halifax.

 

Out of pure desperation I said I would collect checking with his first that the order was correct and the size I didn’t want to go all that way and find I couldn’t get it. He said it was correct so I drove to halifax knowing I would have to be quick because tonight I was due out, it wasn’t easily either because I have a condition that leaves me in a lot of pain.

 

When I got their I was told the size I wanted 24 wasn’t available the item only went up to size 22 and this is stated on the from of the package which was very upsetting I only went for this item because the size was 24 but it was also an extra £25.00 because of this.

 

I didn’t know what to do so all I could do was bring it home and try it, but when I did it didn’t fit I was very angry and upset and didn’t go out due to the journey took me far longer than I wanted leaving me late in a lot of pain and the out fit didn’t fit so my whole day was ruined.

 

I feel very cheated and lied to about the size etc.. the out fit is no good to me really halloween is gone and it cost me £65.00 with out delivery etc I paid £72.00.

 

It has just cost me a lot of upset and money instead of the night I was looking forward too.

 

I was going to keep it in the hope of loosing weight by next year and having it here already, because I bought lots of other items to go with it. But feel very cheated and hurt by the company.

 

I have sent them a e mail.. which is below along with a reply but not sure my rights etc and how to handle the situation from here on in.. Can some one one help me and give me some advise.

 

Many thanks

 

 

 

This is a copy of the actual letter sent to the company.

 

I am writing due to buying this above order from your company recently, After struggling to to find your telephone number I had no choice but to check directory which latter I found cost me £15.00 to do so.

 

But after speaking to you I discovered that my parcel was one that had probably been stolen and there was no way I could receive it on time for that night. Even though I ordered it with plenty of time and checked this would be ok and paid extra for delivery.

 

You did try and help me but to get this order I had to drive to Halifax over 2 hours to get their then back. Costing me £17.00 in Petrol money one way only £34.00 in total, which you promised to reimburse.

 

Before I left for Halifax I double checked that the order was correct especially the size and I was promise everything was correct, yet when I got their it clearly stated that these makes only went up to size 22 not 24 as promised In the advert. Which is the only reason I payed £25.00 extra with your self rather than others so I got the bigger size so I feel very cheated, and the clothes did not fit.

 

By now I was very upset and annoyed being so put out and having to drive such a long way and pay well above the odds for an item that I did not receive and spent far to much on.

 

I drove home which made me very late and was upset that the item did not fit and I had no costume to wear. As I explained via phone this was going to be my first halloween party (or just going out) in over 20 years. So I was very excited and looking forward to my favourite day of the year.

 

 

 

Instead I have suffered a lot of upset and had to stay in.

 

Not receiving my item.

£15.00 on directory phone call for your number.

Cost me extra in delivery £6.00. That didn’t turn up.

Spent nearly 6 hours traveling to Halifax, also made me late. Costing me £34.00 in petrol.

To collect a costume that did not fit, even though I checked the sizes again and again.

I could of got this costume £25.00 cheaper If I hadn’t been lied to. (false advertising)

Only to have to stay in and not go out on Halloween which was very upsetting.

 

I was upset and angry after all I had been through, I am writing to collect the petrol money you promised me but also to let you know how upset I am I believe you let me down a lot and think you should rectify the situation on what I have lost out on.

 

 

Yours Faithfully,

 

 

 

 

 

 

 

THEIR REPLY

 

Our contact number is on the shop.

 

We have responded to your most recent message and we will honour the promise made to you on the phone that day.

 

Regards

 

Hi,

 

First of all if you read the packaging make sure you are not reading the American size as you have received the correct size as we stated in one of the messages to you.

 

The costume is a American brand and the size on the packet is American. If you doubt this fact check the manufacturers website.

 

We also do not understand why it has took you so long to discuss this situation with us.

 

You have also gone over the 14 day return period and you do realise that all costumes would be checked by quality control to test if they had been used or not.

 

We have responded appropriately and honestly to your latest message.

 

We will honour our promise made to you on the phone that day.

 

We pulled the stops out to rescue a situation that was outside of our control.

 

We have never lied to you about anything, our contact number is listed on the shop and we responded to your messages and sorted you a replacement costume with one of our contacts.

 

Our price is what it is and you are free to choose to buy from us or not.

 

Your claim of "False Advertising" is unfounded so be careful what you say, we will not take this matter up with e bay on this occasion due to the circumstances and we do feel that you was inconvenienced with this transaction but the issue was outside of our control and we did find a solution for you. The size of the costume is as stated and that is beyond doubt and can be confirmed by the warehouse.

 

We have already lost the first costume in the post and we have paid for your replacement.

 

We do except that this is not your fault and as per all previous communication clearly states you were very glad that we helped you and you leave it until now to contact us over 2 weeks after your event.

 

So please do not now create problems as we rectified the situation in the only way we could and you agreed to collect the item. We did promise to cover you for the fuel cost and we will honour that promise.

 

We can not refund you for that through e bay but we will refund you direct to your PayPal Account.

 

If you wish to discuss the matter sensibly please ring us on …....... or …......... and we will gladly resolve the issue with you but we will compensate you for the fuel and the £6.00 delivery charge which will be £40.00. We are not obliged to do this but we will do as we feel that you made the effort of driving to collect a costume same day that we organised for you and we did promise to help out with the cost of doing so but do not take advantage with the claim for the other cost items.

 

We appreciate the situation as we did at the time but we have done everything possible to rectify the situation.

 

Regards

Link to post
Share on other sites

Sounds like the company is being fair. They are giving you back £40 when they could do nothing.

 

I think a lesson could be learned. First don't leave it till the last minute to order stuff in case something goes wrong and second, if there is an issue, report it to the company right away.

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...