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    • a chargeback via a paypal account used in an ebay sale doesn't usually result in funds being sucked from your bank account,  just that you attain a paypal negative balance. as you saying the money was taken by paypal from your bank account without you authorising this? or is it directly the buyers name that is shown? regarding the chargeback but either way you bank account HAS been debited? dx  
    • what solicitor is the PAPLOC from? then just search xxxx snotty letter dx  
    • moved to the debt self help forum. plenty of like threads here to read along with the ones you've done so far..good work. last thing you ever want to do is look at any kind of IVO/BK or anything alike concerning consumer debt, never do that, turns unsecured debts into secured ones in many instances. your best bet for now is p'haps looks at  Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk) sadly you have to go thru one of the free debt charities to invoke that but DON'T be tempted to also open up a DMP with them, just get the Breathing Space done. get that in place that gives you at leasy 60 days buffer you've also goto to realise you'll probably get a default once breathing space is in place, bit if not it might pay you to withhold payments even after BS then p'haps re start payments once a DN for each debt is issued and registered. at least that way, whatever happens in 6yrs the debt will drop off dx  
    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Action fraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
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Account fee Barclays


rob14973
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Hi

 

Ok i am trying to Re claim my accounts fees as they were missed sold to me. I have all my statements after i finally got my SAR request through.

 

I am claiming back to 2006 when i was signed up to additions account without my knowledge.

 

I have drafted this letter.

 

Dear Sir or Madam,

 

Account name: First Additions

Account number:

 

I have had the above account since 1st February 2006 but believe it was mis-sold to me for the following reasons.

 

- I didn’t know I was paying and don’t remember ever agreeing to having this account.

- I was upgraded without my knowledge.

- I wasn’t told there was an alternative, free account.

 

 

I am writing to request a full refund of the fees I have paid plus any interest owed to me. I have enclosed a copy of the schedule of account fee charges.

 

I look forward to your response within eight weeks, otherwise I won’t hesitate taking my complaint to the Financial Ombudsman Service.

 

 

Yours faithfully,

 

Now i may need to change the last paragraph as going to the fos is a waist of time. So i believe the court route is required. Can someone tell me what the timings are before court action is this similar to bank charges.

 

Thx

 

Rob

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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We could do with some help from you.

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Thanks for the reply Andy i am aware of the link you posted but i want to bypass the FOS.

 

I just asking for timescales from the above letter i posted to a letter before action and then court.

 

Regards

 

Rob

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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The threat of the last sentence is really added for leverage ...its irrelevant whether you do or dont refer the matter...or maybe might not need to..it simply adds clout .

 

Test the water with the initial letter and see what response ..if any..you get and then we can talk about LBAs and court claims.

 

Regards

 

Andy

We could do with some help from you.

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Hi

 

Update

 

I have used a interest calculator at 24.9% and the amounts to reclaim back is just under 4k with 2500 of that interest.

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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:wink: as long as you can equate 24.9% has been applied to the package fee

We could do with some help from you.

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  • 2 weeks later...

Ok, I have received my letter from Barclays today dismissing my complaint on the grounds that I signed up to the addition account in branch and they would have explained to my wife the benefits.

 

Following my investigation I have identified that your application for both upgrades were submitted in branch. This means that at the point of applying for this account we did not give you any advice. You made your own decision as to whether you could have benefited from the features it included. WRONG YOU GAVE ADVICE ITS THIS ACCOUNT AND YOU HAVE TO PAY AND THERE ARE NO FREE ACCOUNTS. WHY WOULD WE SIGN UP TO BENEFITS WE DONT NEED OR NEVER USE.

 

I am satisfied that Additions Active Account was suitable for you. Our branch process was to explain to our customers the range of options available, the features and limitations of the products. You would have been asked which you felt was most suitable for you and asked to sign an Additions Acknowledgement confirming your choice of account. Our records show that you signed an Additions Acknowledgement on 21 October 2010. I have enclosed a copy of this with this letter. YES WE SIGNED HOWEVER ON THE GROUNDS THERE WAS NO FREE ACCOUNTS. WHY WOULD WE QUERY AFETR BEING TOLD IN 2006 THERE WERE NO FREE ACCOUNTS

 

I am satisfied that you consented to the additions Active upgrade of your account. Your account was upgraded in our branch on 21 October 2010 and you signed an additions acknowledgement confirming your choice of account. I have enclosed a copy of your signed additions acknowledgement with this letter. YES PAID ACCOUNT AND ONLY A PAID ACCOUNT A FREE ONE WAS NEVER OFFERED.

 

For the first additions upgrade, our processing branch was to present you with a range of product options and explain the features and limitations of your preferred product. We would then obtain your consent to proceed with that account you would have been asked to sign and acknowledgement letter to confirm your choice. we have no evidence to suggest that this process was not followed. However. as you upgraded your account so long ago, we no longer have a copy of your signed acknowledgement letter on file. THE REASON WHY, YOU UPGRADED WITHOUT OUR KNOWLEDGE AND WHEN QUERIED ALL ACCOUNTS HAVE A CHARGE

 

I have reviewed this information and i am satisfied that you were provided with enough information to make an informed decision to upgrade this account.

 

Following my investigation i have identified that you held a non fee paying account before you upgraded in January 2006. This means that at the point of applying for this account you were aware that this account was optional and that there were fee free alternatives. IT WAS DONE WITHOUT OUR KNOWLEDGE PLEASE PROVIDE A SIGNED DOCUMENT TO TELL ME OTHERWISE.

Following my investigation i am satisfied that you were:

 

Given the cost of your additions active as this clearly states on your signed additions acknowledgement with this letter.

 

As my investigation has found nothing to support the complaint points which you have raised i am unable to uphold your complaint.

 

Ok Whats the next step LBA

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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Hi Rob,

 

In your first post above, you said, "I didn’t know I was paying and don’t remember ever agreeing to having this account."

 

But in your comments in post #9 above, you said you paid for the Additions a/c because you were unaware of a free alternative.

 

These two scenarios appear to be contradictory and you need to address this before you reply to the bank.

 

Personally, I think you'd be unwise to wade in with a court claim including restitutionary interest.

 

:-)

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HI

 

In 2006 the additions account was upgraded without my knowledge. i noticed an account fee coming out and when i queried it was told its a charge for the account i said i didnt want it but was told i had to and no free account was offered.

 

2010 is upgraded again to additions plus ( done by my wife) but was told it needed to be upgraded but you do get more benefits my wife did say we dont use the benefits but was told we had to if we wanted the account so she agreed to keep the account however if a free account was offered we would have took it. Why would we pay for benefits we dont use?

 

Why is it unwise they mis sold the account. I am very angry we were made to pay for something when we didn't have to i want to claim it back but with the 8%

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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So just claim the standard 8% if it does get to court instead of putting restitution...at 24.9% in your complaint ...that is probably why your complaint was rejected.

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 OTHER

 

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Hi Andy

 

When i sent the complaint i claimed for the 8% and not 24% thought i had more chance but they have rejected it. I am going to send an LBA and see what happens.

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

Putting together n1

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I would have just requested the fees in all honesty......interest only becomes part of the equation when a claim is issued

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 OTHER

 

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I would have just requested the fees in all honesty......interest only becomes part of the equation when a claim is issued

Well I will probably end up claiming anyway.

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

Putting together n1

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  • 1 year later...

Hi rob14973,

 

did you get resolution with this? I am currently with the FOS with a claim for mis-selling of account and o/d charges reclaim for financial hardship. The FOS seems to side with the bank and is asking for tocs of the accounts I held at the time, Additions, Additions plus and Premier. The bank has lied about products provided on these accounts and I need access to welcome packs and terms of conditions for the said accounts. Any help would be appreciated.

 

Thanks in advance

Edited by slick132
removed quote of post #9
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