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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Ebay - Seller Wont Respond Gone Over 90 Days to Raise Dispute


Lucky7even
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I need some help.

 

I was very foolish back in November buying an item off Ebay.

 

The item was a supposedly haunted piece of jewellery from a magickal seller.

 

The item cost me £160.

 

Needless to say I am not happy with the purchase and want to return the item, but because its gone over 90 days I cannot open a dispute with Ebay.

 

The seller is refusing to respond to my messages I have sent.

 

Can anyone please advise what I can do to reclaim my money back over an item which is clearly not as described.

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You need to get hold of the sellers contact details – if you don't already have them.

 

If you don't have them then you can use eBay's own system to find them:- http://www.ebay.co.uk/sch/ebayadvsearch?_sofindtype=9

 

You need to hope that the details are complete because often they are not

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its not haunted....:madgrin::madgrin::madgrin::madgrin:

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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its not haunted....:madgrin::madgrin::madgrin::madgrin:

 

I know!!

 

Thats why I've said item is not described.

 

I have filed a dispute in paypal.

 

And I've told them seller has had negative feedback since I bought them item, of non communication with buyer's.

 

And I can show via my messages they have not responded to me either!!

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Seriously, please tell me this is not the reason

 

I cannot get seller to respond!!

 

I've tried everything!!

 

Feedback says non communication from other sellers!!

 

I'm not the only one they dont respond after selling a high end item to!!

 

Ive clearly been rippd off!!

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You actually believed it was haunted? The seller saw you coming a mile away.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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how do you pay paypal?

 

 

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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Ok. Enough joking. Op wants proper advice. Even though he walked right into a con

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ok, honest advise. You do not have a claim, time to move on; simple as that.

 

I know you are not going to like this but here goes. You are unable to prove or disprove that an item of jewellery is haunted because there is no such thing as ghosts, neither can anyone prove that god exists, It is all down to personal belief.

 

You could not demonstrate to a court that something is haunted or not because there is no (real) scientific evidence of such things. Your wish to believe in this hokem has given someone the opportunity to mug you over this,

 

I will give you a further piece of advice that you won't like; any other items you have brought in the past that are haunted, possessed or otherwise visited are about as real as the pieces of the cross and vials of blood that churches had in the middle ages; its all a con.

It is easier to enter a rich man than for a camel to pass a needle

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I've actually managed to open a dispute with paypal over the scammed item.

 

The seller has until 25th February to respond.

 

I've told paypal that since purchasing the item, the seller has had negative feedback on their Ebay account, one common issue is that buyer's like myself, have been complaining about no communication with the seller.

 

I've also told paypal I can provide copies of the message sent to the seller via Ebay, and the message I left on the Facebook account, again no reply.

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I've also had a long conversation with Ebay.

 

Ebay have told me that they will look into the issues of the seller's behaviour in not returning messages after selling items.

 

They also said that their negative feedback would also be looked into.

 

Appropriate action against the seller Ebay have assured me will betaken.

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  • 3 weeks later...

Excuse me for hijacking this thread but I can't find a button to start a new thread:

 

I am a UK national, domicile in UK although I occupy much of my time in the Philippines where I have a business, and with my ebay (UK) account I made a purchase from a listing on ebay (UK) priced in British pounds, for delivery to an address in UK (England & Wales) and paid for from my PayPal account which just happens to be a Philippines PayPal account.

 

I was [problem]med, within their 180 days timeframe I opened a complaint with PayPal but the Indian seller pulled a fast one and they, rather than I, escalated it for PayPal to adjudicate and with no investigation whatsoever, PayPal adjudicated against me wrongly believing the lies of the seller, and of course PayPal notify one of this by an email that cannot be replied to, that there can be no appeal etc. etc. etc. so I filed against PayPal (Europe) via Money Claim Online.

 

Now if one attempts to go shopping with any UK retailer that accepts PayPal, Wilkinson to name but one, and one attempts to have delivered to a UK address using a foreign (Philippines) PayPal account then one receives this message:

 

 

removed - dx

 

But ... If one shops on ebay (UK) with delivery to a UK address using a foreign (Philippines) PayPal account then no problem at all, the transaction approves immediately.

 

Taking PayPal to court their solicitors appear to have dropped their rebuttal that I was [problem]med, that they didn't investigate etc. and it seems their only defence is that as an ebay (UK) account holder, making a purchase listed and paid for in British pounds from ebay (UK), with a delivery address in UK, but with a Philippines PayPal account their solicitors are arguing that I need to be taking this to a court in Singapore (Where PayPal Philippines is registered) and that I agreed to this when clicking to agree to their terms and conditions and all that nonsense.

 

PayPal's solicitors deny that they are not in any way the same business as ebay, as ebayer's know when we click to 'resolve a problem' we get offloaded to PayPal for here, in this scenario, PayPal to ultimately reply, to the effect, "Yeah right, but you need to sue us in Singapore and not in your own country and where the crime took place".

 

So my point, my questions are:

 

1. Whether they are the same company or not ebay (UK) have sub-contracted PayPal to deal with their customer complaints and PayPal have clearly accepted such a contract with ebay (UK).

 

2. And for this UK to UK transaction PayPal clearly broke their own rule of using n a Philippines account for delivery to a UK address, whether this is a money laundering law dictated by state or whatever, that a Philippines (Singapore) company has clearly accepted the customer complaints of UK to UK contracted purchases.

 

3. We haven't yet made it to court, we're still in the stages of 'foreplay' but their solicitors are hiding behind "We're PayPal Europe, PayPal Singapore is nothing to do with us buddy".

 

4. So do I have a case to continue proceeding against PayPal Europe and what should my (legal) angle of attack be?

 

Thanks in advance

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you need to start a new thread

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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