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    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and 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.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. 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.   I will get this put into the defence section. Thank you again.
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Hi All

 

Just looking for advice re a purchase I made via Ebay.

 

I bought a Nutribullet in Sept 2015, it was advertised as an authentic model.

 

It arrived, I used it about three times and put it away.

 

I used it last Sunday and it blew up in my kitchen, plastic and smoke everywhere.

 

On looking further I discovered that some unscrupulous traders were in fact selling counterfeit models on Ebay and alas I had fallen victim to this.

 

I sent photo's of my Nutribullet to Highstreet TV who confirmed that it was indeed a fake.

 

I contacted Ebay who basically said that as it is around 18 months old there is nothing they can do and I should go through the small claims court for the £100 that it cost me.

 

The seller is still active on Ebay

 

I paid for it through Paypal, and Ebay told me there is nothing they can do either.

 

The seller is in China, another point I did not take on board when purchasing it, so I think the court route is a no goer.

 

So do I have to just accept that I bought a dud and have lost my money.

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Hi, unless you have plenty of money to spare, I would put this down to bad luck. The chances of getting your money back are slim to none.

 

I would ensure that Ebay take the correct action and bar the sellers account


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Guest Mrs Hobbit

Maybe High Street TV might be able to bring some pressure to bear on EBay and close the seller down.

 

Can you involve trading Standards to help make EBay sit up and take notice?

 

Thinking out aloud. While EBay can make money of the seller I don't they will look after your interests.

 

Oh, can you claim the money back via Paypal? Did you use your credit card to pay for the item?

Edited by Mrs Hobbit
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all too late to recover your money via ebay or paypal. However, there is the tarding standards route so grab the seller details (order another one as a buy it now and note the sellers postal address- ie dont select pay by paypal and a postal addy for cheques will appear) You can aslo get any of the consumer help people in your favourite newspaper on side if TS arent helpful All of this wont get youa refund but it shopuld put the sller out of business, even if temporarily

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another thing, if you see high end labelled goods for sale new on ebay they are all fake. Most of the secondhand ones will be as well. The designer label good makers arent going to trash their premium price cachet by flogging stuff at an online car boot sale are they? They often take down the sellers of their stuff, even if it is a genuine article so Tiffany & Co items cant be sold that way, even if genuine because of a deal struck between some of the big names and ebay

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Guest Mrs Hobbit

thee was a bit on the BBC Fake britain regarding the contereit nutribullets (this was some time ago), so trading Standards are aware of this happening.

 

I am sorry I didn't read it was back in 2015 that you bought the item.

 

EBay has to close this seller down. Only thing is he will pop up again in another guise, thing is if it is out of China. I am also wondering about the import and customs crowd. I have to pay HMRC import duty for certain items I buy in from overseas, so I am wondering who has paid the import duty for these items? Maybe they don't attract import duty. I know Customs seize a lot of counterfeit goods at the point of landing, , so is there a reseller here in England if the goods come out of China.

 

Get the info you can and give this to your local TS office.

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Hi All

 

 

Many thanks for all of your replies, all very good advice and I will act upon it.

 

 

I will get in touch with TS standards tomorrow.

 

 

Regarding the importing side of things, I have noticed that there is a GB VAT Reg No. and something to do with London, but no telephone number, only an address.

 

 

So I think that I do not stand a chance of getting a refund, but if I can save somebody else from buying these fake items and losing money and risking injury when using it, then it will be worth it.

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