Jump to content


  • Tweets

  • Posts

    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
  • Our picks

Please note that this topic has not had any new posts for the last 1661 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi there, hope you are all enjoying the fine weather and long may it last!

 

I hope there is someone who might be able to give a little advice please?

 

I placed an offer on a car on eBay, and then decided straight away to retract, by which the time the offer had been accepted. Something didnt feel right (I had emailed the seller to ask what he would accept, and the reply was that he had another offer of X and that I would have to offer X+ else he would accept the original offer on the table. I was interested, but just offered X, and 5 mins later there was the invoice.. ) Clearly he had been pushing for the most he could get, but it didnt sit right, so I emailed saying the deal was off.

 

Before you flame me - I realise the error of my ways, and indeed have had my fair share of the same happen to me.

 

the next day I had a menacing phone message left stating that he would be suing if I failed to pick the car up, which made me more resolute.

 

I suggested that if he had the time and desire to sue for losses then go ahead - forward to today and I am in receipt of a moneyclaim for a) 2 weeks of temporary insurance car cover b) one months tax, to cover this month while he attempts to re-sell.

 

i suggested to him that common sense would have been to sell the car to the other bidder who had made the original offer, or relist the car straight away.

 

The transaction has been cancelled by eBay via the resolution centre and presumably the fees also, which I would have thought were the extent of his 'loss' at the time.

 

So the question is, does a potential buyer of a car who backs out of an eBay deal become liable for the costs of ownership that he is claiming?

 

many thanks in advance for any help you can offer.

 

Good weekend.

Link to post
Share on other sites

I would have thought the same as you - if he had the other offer, why not accept that?

 

I would say that the basis of your defence is in your first post, however, I will leave a message for those on site team who deal with this type of issue.

 

Meanwhile, can you please provide the following information, so whoever looks in on you wont need to ask..

 

Date of issue of the claim form - top right hand corner of the claim form.

 

Your timeline will be... Date of issue ?? + 5 days for service (count date of issue as day 1) = ?? + 14 days to acknowledge the claim = ?? + plus a further 14 days if it is your intention to defend the claim = ?? (33 days from date of issue)

 

What exactly does it say on the Particulars of Claim, the reason he has issued the claim?

 

you can do the acknowledgment of claim online using the claim reference and password which you will find a little ways down the claim form on the right hand side. (it might be on the 2nd page of the claim)

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
I would have thought the same as you - if he had the other offer, why not accept that?

 

I would say that the basis of your defence is in your first post, however, I will leave a message for those on site team who deal with this type of issue.

 

Meanwhile, can you please provide the following information, so whoever looks in on you wont need to ask..

 

Date of issue of the claim form - top right hand corner of the claim form.

 

Your timeline will be... Date of issue ?? + 5 days for service (count date of issue as day 1) = ?? + 14 days to acknowledge the claim = ?? + plus a further 14 days if it is your intention to defend the claim = ?? (33 days from date of issue)

 

What exactly does it say on the Particulars of Claim, the reason he has issued the claim?

 

you can do the acknowledgment of claim online using the claim reference and password which you will find a little ways down the claim form on the right hand side. (it might be on the 2nd page of the claim)

 

Date or issue is 25/9, and I do intend to defend - I have already sent back the relevant acknowledgement paperwork.

 

the partciulars refer to failure to complete purchase of a car on ebay on bid accepted of X. Requirment to insure car and tax, (2 weeks insurance and Oct tax) for Oct, as I will not be able to complete a sale before 30/9 (2 days before ebay let me relist, plus 5 day sale period). No response to emails (totally incorrect) and phone calls (obviously - He was told that any further calls of that would nature would be escalated to the relevant authorities)

 

Hope that helps.

Link to post
Share on other sites

Thank you.

 

Most of the guys that advise in this section have day jobs, so will be along either later this evening or tomorrow.

 

Your timeline will be..

 

Date of issue 25.09.2015 + 5 days for service = 29.09.2015 + 14 days to acknowledge = 13.10.2015 + 14 days to defend = 27.10.2015.

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
:thumb:

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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

The eBay T&Cs are clear that, once you place a winning bid for an item, you are required to purchase it. See http://pages.ebay.com/help/policies/unpaid-item.html.

 

Therefore, I think you are in breach of contract and that you are liable to reimburse the seller for his reasonable costs in reselling the car.

 

The seller is required to 'mitigate his loss' as much as possible. That means relisting the car in a timely fashion and controlling expenses. For example, if he can find another buyer in a week, you would only be liable for his actual out of pocket relating to that week.

 

Ideally, you would sort this out with the seller. Otherwise, you can defend and require him to prove the loss which he claims to have suffered. I don't think he can claim for a month in advance (although by the time anything happened with the court case you would know how long it took him to resell the car).

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites
The eBay T&Cs are clear that, once you place a winning bid for an item, you are required to purchase it. See http://pages.ebay.com/help/policies/unpaid-item.html.

 

Therefore, I think you are in breach of contract and that you are liable to reimburse the seller for his reasonable costs in reselling the car.

 

The seller is required to 'mitigate his loss' as much as possible. That means relisting the car in a timely fashion and controlling expenses. For example, if he can find another buyer in a week, you would only be liable for his actual out of pocket relating to that week.

 

Ideally, you would sort this out with the seller. Otherwise, you can defend and require him to prove the loss which he claims to have suffered. I don't think he can claim for a month in advance (although by the time anything happened with the court case you would know how long it took him to resell the car).

 

Interestingly, the seller went the unpaid item route, rather than just cancelling the deal, as soon as I stated the deal was off. Having consulted with ebay he stated he couldnt re-list until opening an unpaid item 25/9, but then only relisted on 1/10, contradicting himself later stating that if he had relisted before the unpaid item case closed on 29/9, he would have been in breach of contract.

 

Mmmm.

Link to post
Share on other sites

Many thanks for your reply Steampowered,

 

looks like I will end up just paying this and be done with it.

 

I did notice that you mentioned about mitigating losses - the guy relisted the car 1/10, and it would appear he accepted an offer about 48 hours later so it looks sold again. I'm guessing he didnt want to relist until eBay had released from his contractual obligation to sell the car to me, even tho it would appear he could have done so from the 25/9, according to an earlier message he sent.

 

Out of interest, if one does defend a claim and subsequently loses, presumably additional costs are added / can be claimed by the claimant? I dont want to be on the end of claim for 3 or 4 times the claim amount And maybe better to cut my losses?

 

Many thanks in advance and enjoy the rest of your weekend.

Link to post
Share on other sites
I did notice that you mentioned about mitigating losses - the guy relisted the car 1/10, and it would appear he accepted an offer about 48 hours later so it looks sold again. I'm guessing he didnt want to relist until eBay had released from his contractual obligation to sell the car to me, even tho it would appear he could have done so from the 25/9, according to an earlier message he sent.

He should only be claiming his actual out-of-pocket loss. If he resold the car 2 days later, it is difficult to see what financial loss he has suffered, and he shouldn't be claiming for the full month. Either way, you can ask him for invoices/evidence of the amount claimed - he would be required to give that to the court if this proceeds anyway.

 

It would be reasonable to write back to him to ask when the car was re-sold and for evidence/explanation/breakdown of the losses he is claiming.

 

Out of interest, if one does defend a claim and subsequently loses, presumably additional costs are added / can be claimed by the claimant? I dont want to be on the end of claim for 3 or 4 times the claim amount And maybe better to cut my losses?

He can claim back the court fees he paid (check http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf to see what they are). In theory it is possible to get more costs than that, but this is rare and reserved for cases where one party has behaved unreasonably.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Two points to perhaps consider.

 

1. Did he sell it for more than your offer?

2. Was his declining your offer (claiming it wasn't enough and you needed to offer more else he would be accepting the higher offer) in writing/email?

Why the populist problem with customs checks to cross the Irish sea to meet International agreements and Law

... when Johnson is happy to implement a Border + Visas to access a lorry park in Kent?

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

Link to post
Share on other sites
Two points to perhaps consider.

 

1. Did he sell it for more than your offer?

2. Was his declining your offer (claiming it wasn't enough and you needed to offer more else he would be accepting the higher offer) in writing/email?

 

He relisted the car for the same price on 1/10, and it is showing as listing end now, 3/10,with best offer accepted (as before with mine), for how much this time is unknown. Interestingly looking back thru his history looks like sold it for higher end August and then relisted it, due to another incomplete sale.

 

When I first made contact with the guy, before submitting a bid, yes, he had emailed saying he already had a bid for the identical amount that I ended up offering., and that my bid were need to be higher. Naturally we all want to achieve the best price, so he was either spoofing or the first bidder changed his mind. Doesnt really take away from the fact I had a "contract" with the guy. But made me uneasy.

 

I think the guy could have easily relisted the car, without his fear of being in breach of contract before the unpaid item process ended, and indeed stated that I should either retract the bid (impossible with an unpaid item case), or that having consulted with eBay he wouldnt be able to relist before unpaid case raised which was 25/9. Ultimately, he waited for the unpaid item to close 29/9 and then chose to relist 1/10 for whatever reason (personal reasons, or perhaps to support his claim, which was submittd on 25/9.)

 

As I have said before I realise this is partly self inflicted, but having had this happen to me several times over the years, have never thought to use the small claims. Have just filed a claim for incomplete sale with eBay, reversed the transaction and re-listed.

Link to post
Share on other sites

Decided to submit a defence - have enough correspondence from the claimant to question the original trade and the resulting delay in re listing it etc, esp. As the car 'sold' again so quickly after the end of the month.

 

Will let you know how it goes.

 

Many thanks again for your help.

Link to post
Share on other sites
  • 7 months later...

http://pages.ebay.co.uk/help/buy/best-offer.html

 

Sound like you are saying he rejected your offer - in writing

 

or did you make offer after the email.

How long after the offer did he accept

 

from the link above

"Best Offers are good for 48 hours, or until the listing ends, whichever comes first."

Why the populist problem with customs checks to cross the Irish sea to meet International agreements and Law

... when Johnson is happy to implement a Border + Visas to access a lorry park in Kent?

 

£288 million pounds a week - The ADDITIONAL cost of Brexit customs bureaucracy alone - stuff that on the side of a bus.

 

Its official: Boris 'The Liar' Johnsons word is not worth the paper its written on

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...