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    • In essence I am trying to win a loosing battle i take up the 33 % discount on offer me thinks
    • Whose duty?   you can use civil law to pursue the GDPR issue with the police (though, as I’ve stated: it may not do you any benefit).   The court isn’t bound by any duty under GDPR that the police may (or may not) have. I can only repeat, the duty of the magistrates regarding verdict is “is the offence proven beyond all reasonable doubt?”. They can’t, and won’t, be influenced by the GDPR issues at that stage, and you are misguided if you continue to believe that it will make a difference to their verdict.
    • the duty of the police
    • Hi Andy   The following is my WS2 in reply to their WS2, please do let me know if i need to mention/amend/add anything to it, the attachments are in my previous post #78.   Can i add my costs as this is the second hearing for it?   Also i don't know if this will help but i also have an old Capital One Credit Card which i don't use anymore, so how can i possibly have 2 Capital One Credit Cards as this claim is clearly for the Luma Credit Card....   SECOND SUPPLIMENTARY WITNESS STATEMENT OF ROLAND I, Roland, the Defendant in this case, will state as follows; I make this second Witness Statement as a supplementary to my first Witness Statement dated 22ndNovember 2019 Page 1-2 and Amended Defence dated 17thDecember 2019 page 3-4 in Exhibit xx1 in response to the claimant’s second witness statement dated 14thJanuary 2020.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT  1. The claimant failed to comply with my Section CPR 31.14 and Section 78 of the Credit Card Act 1974 request and their claim remained stayed for over one and half years. I can only assume as this was due to the claimant not having any of the requested documentation below and issuing a claim in hope of an undefended default judgment.     2. The stay was lifted by Deputy District Judge Mitchell 4thDecember 2019 and the Claimant’s application for summary judgment and/or strike out was dismissed.   3. My amended defence was filed and served 17thDecember 2019.    4. I received the Claimant’s Second Witness statement 21stJanuary 2020.   5. It is accepted as per my Amended Defence para 2 insofar that I have once held a contractual relationship with Capital One Bank (Europe) Plc for a LUMA Credit Card and not a Capital One Credit Card.    6. The Claimant’s point 23 in their second witness statement dated 14thJanuary 2020 refers to me providing supporting evidence that my application was for a LUMA Credit Card, and that their position that it is for a Capital One Credit Card. This is for the Claimant to prove it’s a Capital One Credit Card and not a Luma Credit Card, when this matter was heard by Deputy District Judge Mitchell 4thDecember 2019 he also questioned the Claimant’s advocate the same.   7. The Claimant’s point 24 refers to the Reconstituted Capital One Credit Card Agreement in their Exhibit JK1 pages 2-3, that a firm is able to reconstitute a copy of the agreement and that there is no obligation to provide a copy which includes a copy of the signature, then why has an electronic signature and date been applied…regarding the same question by Deputy District Judge Mitchell on the validity of the signature on this Reconstituted agreement to which the claimant’s advocate stated that it may have been an online application, which is not true as it was a signed postal Luma Card Application and not a Capital One Credit Card online application.    8. The Claimant’s point 25 states that they would say that the 16 digit account number in the top left hand corner on the Reconstituted Agreement is now not the account number but a ‘document number’ and that the Account number is on Page 9 of their Exhibit JK1, which is a blank page with my name and a 16 digit Account number on it. The Claimant is backtracking and clearly16 digits are Credit Card/Bank Card numbers.    9.  The Claimant’s reconstituted Agreement has failed to be a true reconstituted version and failed to provide any supporting document to confirm that this claim is for a Capital One Credit Card and not a Luma Credit Card.     10. The evidence provided by way of Exhibit JK1 is woefully deficient and invalid and not pursuant to the CCA 1974 request.  Until such time the claimant can comply and disclose a true executed copy of the agreement complete with terms and conditions from inception which they refer to within the particulars of this claim and witness statement they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.   11. For the reasons set out above I invite this court to strike out the claim and request my costs as litigant in person to be awarded.      Many thanks, Roland 
    • By severe penalty you mean ? criminal record is criminal record right ? isnt it still their duty comply with GDPR albeit Civil
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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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