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    • 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.
    • Hello and welcome to CAG.   People will be along later to advise you, please bear with us until they're able to get here.   In the meantime, I suggest you edit your attachment because you've left your name on it. Please check it carefully and remove anything that can identify you.   HB
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Lowell/shoe's Claimform - EGG Pers Loan


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done docs

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

I've hidden them as you've left ref no's claim no's etc all over the place but we can see them still others cant

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so ALL of those 2 uploads is what came with their WS as exhibits?

where is this statement showing a 2010 payment then cant see it?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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as a total side issue - there's +£3k of PPI+int there begging.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

I cannot see those uploads now

but there is an annual egg loan statement showing last payment as August 2010.

 

 

I've never seen this statement before and still refute the payment .

 

 

But is this a fait accompli because they can mock up these annual statements ?

 

As I've not acknowledged the debt I'm really unsure how to proceed when I go to court.

 

Can I now submit a defence of the debt being statute barred as I do not believe their statement showing last payments to be true?

 

If I retrieve a bank statement proving this will this suffice?

 

Do I submit this defence at court?

 

Or should I contact shoosmiths and say I want proof of last payment as I've evidence to the contrary?

 

Any help greatly appreciated

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you filed your def and WS months ago

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you need to put them to strict proof of that payment....

 

 

who made it

by hat method

and when

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So there's no argument because my defence was filed as asking them to essentially prove it?

 

 

I cannot argue that the evidence since provided doesn't stack up?

 

Can you post up a copy of your witness statement(s)...minus any identifiable information?

 

When is your hearing date?

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Do I therefore contact Shoosmiths now and state that he evidence they provided relates to a statue barred debt and the payment they are claiming I made is false. And that I can prove this with supporting bank statements (to be provided at the hearing) over the period they cite?

 

The hearing is end of October

 

The only statement I have submitted to date is my original defence which was to prove it

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They indicated the payment was made via payplan earlier

Why not ring Payplan and ask?

 

Twill sort the SB issue

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The last time any of these debts were acknowledged was February 2011 when a dmplink3.gif made a payment on my behalf.

 

However there is a chance that a payment could have been in Feb 2011,

but this payment like I said did not come direct from me but a dmplink3.gif so I have no record of it.

 

I have no record of these payments leaving my bank account.

They are claiming the payments came via Payplan.

When I contacted Payplan they had no records of this.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I meant they haven't indicated where the payment has come from in writing. That's why I'm asking do I contact Shoosmiths now and ask for proof of payment?

 

Payplan are telling me they have no record

 

What I can't get a conclusion on is do I ask for proof of payment? As I've evidence otherwise.

 

Does the fact it has PPI help a defence?

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forget the ppi

get that back via egg afterwards.

 

here is an upload of everything you've uploaded about the claim

 

there is NO EGG statement here

 

can we have it please

you say payplan could find no evidence of 'you'

have you that in writing from them?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I surmise they think 1 of 3 2 of 3 3 of 3 resembles some form of statement...unfortunately for them its not.:wink:

We could do with some help from you.

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It it strange that it says 'It was sent to you on....' rather than the original date which shows it isn't an original surely? I never received this statement

 

You could probe this by asking questions in writing.

 

Who made these payments of £3.61 ? They should be able to get the data regarding these payments, so they know where they have come from. If they were from Payplan, the dates of payments are pretty random. Have you asked Payplan for their info as to when they made payments ?

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

 

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

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as that's an EGG statement

why not take a punt and go ring Canadian square operations

see if they know any more info.

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Shoosmiths are saying that the statement is considered proof of payment, despite me requesting details on where the payment came from.

 

I have told them that I have proof otherwise to show payments were not made from my bank account at the time.

 

Should I be contacting the County Court to amend my initial defence to include my dispute of these payments?

 

So in effect changing my defence from 'prove it' to it is statute barred and I have not received proof otherwise.

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post 72 go ring EGG...

 

 

talk to the OC not believe some sceptical debt buyers hash job.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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