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    • Yes she went back to them and asked them to remove the cancellation however the girl on the phone went to ask someone and came back and said she couldn’t.   Thing is they then tried to charge her £1000 to reinsure, I contacted a broker and got it down to £760, she went back to them and they miraculously could do it for £690!!  It feels like they are using this to fleece her, her previous ins was £300.   I will get her to write a complaint to them...do you know if there’s an insurance ombudsman she could contact?    I just feel it would have been fair fair to suspend the ins pending the court outcome!    Thankyou.
    • Hi,    Yes my daughter drove through a red light.   Yes her DVLA was still registered to her previous address at Uni hence them not being able to contact her hence the MS90.   This is her 1st car and she simply didn’t think to re register her car to our address she genuinely forgot!  However we left our forwarding address with the letting agent but the house was subsequently sold and the new owner used a different letting agency so communication was lost.   The courts enlisted the bailiffs and when the current tenant found her via Facebook she was genuinely mortified as she had no idea that she had broken this light.   She immediately rang the bailiffs and court who advised her to make The Statuary Declaration, whilst waiting for that date to arrive she thought she better ring the insurance company to explain what was happening thinking they may have to suspend her policy however they cancelled it on the spot she asked them not to but they just went ahead charging her £50 to do so.   At court after she explained what had happened the court dropped the MS90, and reduced the points and fine to what it would have been originally.   Going back to the insurance company they said they couldn’t remove the cancelled policy and it would show on her record for life and tried to charge her £1000 to reinsure!!  Previously it had been £300 as she had built up 2 years no claims.   I contacted a broker who said he could insure her for £760, she went back to her original insurance company, Admiral who then said they could now do it for £690!!  How can they suddenly do that sounds unscrupulous to me and that they are using this cancellation to now fleece her!!   She is a medical student and needs the car to get to the different places she is working on placement but can’t afford to pay this extortionate amount of money.  I would expect her policy to go up a bit but would say max £500 is proportionate?    I will I’ll get her to contact them Regards making a complaint in writing as you have suggested.   Thank you.    
    • I’m not sure who you mean by the OD and do you want me to see if the PDL is enforceable or not pay it at all?   And what should I do about the NatWest? Surly there’s a case getting it wiped if the charges came from them charging me for a PBA that I had told them to close and they said they had. Also am I paying the credit cards back in full or trying to get a reduced settlement?   Thanks Andrew 
    • Initial payments have already come in - we wouldn't have started otherwise. There's about £3,500 outstanding. The £800 was verbally agreed initially, but later correspondence from the customer shows that he's accepted the £800 for the extra work.
    • Each should send a cpr 31:14? Cant produce signed documents = no liability??
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raffles99

Mobile advertised as 'NEW' on ebay - secondhand - now barred and worthless

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I bought a mobile phone from an ebay licenced trader in March.

6 weeks later it stopped working - whereas it was advertised as NEW

 

 

it turned out to have had a previous owner,

who's probably reported it stolen/lost after selling to the shop I bought it from.

 

 

The shop have offered 50% of £430 purchase price,

but I believe I should be able to claim all under Consumer Rights Act 2015?

 

 

Nobody can tell me if it has been stolen or whether it's just lost,

incidentally. Original network appear to have barred phone.

 

The ad title was UNLOCKED - NEW & BOXED.

 

The trader said that the item condition was NEW not that it hadn't been owned or used before.

I thought I was buying direct from a store (and didn't realise they were a pawnbroking chain at the time)

with a small saving v RRP as it was a phone (galaxy S6) that was becoming obsolete.

 

 

The store said that ebay was for resellers and secondhand goods

and that I shouldn't have expected a NEW phone (they have since sold another S6, advertising it as BRAND NEW......).

 

Please see attachment for full details.

Thoughts appreciated as I am strongly contemplating legal action now.

ad for S6 I bought.pdf

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do a chargeback

 

 

what do PP say

they usually take a very dim view of ebay licenced traders

abusing their status


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Plenty of things sold on eBay are brand new, many traders exist using eBay to sell brand new goods, so the idea that eBay is purely for used/second hand goods is absolute rubbish.

As DX said, do a Chargeback for the full amount, the item is not as described (It is not "New") and it appears that it was possibly even stolen property. It may even be worth reporting the trader to Action Fraud.

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do a chargeback

 

 

what do PP say

they usually take a very dim view of ebay licenced traders

abusing their status

 

 

Thanks for that. Don't believe paypal interested if after 30 days. Do you mean a chargeback via the credit/debit card I used, as reading about this elsewhere leads me to believe this is a grey area and banks my or may not take action depending on which tway the wind is blowing on the day...?

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Plenty of things sold on eBay are brand new, many traders exist using eBay to sell brand new goods, so the idea that eBay is purely for used/second hand goods is absolute rubbish.

As DX said, do a Chargeback for the full amount, the item is not as described (It is not "New") and it appears that it was possibly even stolen property. It may even be worth reporting the trader to Action Fraud.

 

Thanks for that. Just confirming what I thought re section 11. The trader had 99% positive feedback and 2000+ transactions so I was surprised the problems I have. In fairness to them it wasn't reported stolen when they sold it, but that's not the point here, it's just that my having a secondhand phone has led to problems and hassle I shouldn't have encountered. As an aside, amusingly in a way, EE though I had a faulty sim card initiallly then Samsung took 5 days to replace my motherboard - not required and neither picked up the phone was barred!!!

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The ebay listing stated

 

"You are buying a new item in factory fresh condition. The box has been opened to check the contents and unlock the phone but all components are still unused and in their factory sealed condition."
How is that not describing a brand new item.

 

I thought you had 180 days to file a dispute through paypal.

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The ebay listing stated

 

How is that not describing a brand new item.

 

I thought you had 180 days to file a dispute through paypal.

 

Thanks. That seems to be the case in the 'Paypal Buyer Protection Policy' after just reading it. Clicking on the original payment within Paypal took me into ebay dispute resolution though which was 30 days, unless the seller agreed otherwise, which he didn't and just closed the case! Wondering how I get Paypal to look into the matter as there is no obvious method???

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