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    • Hi,    I have a couple of books that have suddenly shot up in value so I have listed them on Facebook. One I listed as Offers because I wasn't sure what to price it as and included a picture and listed as "Good condition"  The other I listed a price, listed as acceptable and put an extra picture of a small tear to the book.  This morning around 9am a buyer messaged me, he didn't ask for more pictures or questions just offered me a price. I was happy, accepted the price. He paid straight away and I packaged up and sent Special Delivery as I just had an odd niggle in my mind about it. Not being a big seller on FB  Tonight at 5pm he suddenly out of the blue said he hoped the book was in a very good condition otherwise he would be requesting a refund.  Hmmm... I replied saying I had listed it as good condition not very good condition and that he had offered a price, of he had wanted any further info prior to purchase I would have happily supplied pictures or answered further questions.  He's come back again and again saying I seem not to understand how PayPal works and if he is unhappy with condition he will get his refund. He hasnt even received it yet and he's scamming me I suspect!  So what do I do? I looked an Abe books for their condition grades and a good condition book is described as average used worn book with no pages missing. Which fits my book exactly. In fact even their very good condition probably applies as that says no years to spine and shows minor wear.    Where do I stand? He also says he's seen it on Ebay for half the price now. So what? Isn't that just down to his own failings not mine
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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Dear All

First of all, thank God for Forums like this and people who care enought to devote precious time to assist others in debt.

 

A Debt collection firm,

issued a claim,

the progress of which was halted by a CCA request.

 

 

It has finally come back,

after a year following request,

with what appears to be a copy of a signed agreement and t&cs and statement of account.

 

Amount seeking is over £3,150.

Can't claim time barred, owing to previous payments.

 

They say they can proceed to seeking judgment unless payment arrangement is set up.

 

They trade under three very very similar names.

The claim was issued under a name the authorisation of which by the Regulator has now lapsed.

 

Should I give in and set up arrangement?

 

Can I apply to dismiss their claim?

 

Should I request copy & details of assignment or ownership of the debt?

 

Can they come back and reissue a claim under one of their authorised names?

 

Please tell me what option I have.

Very grateful

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Hello and Welcome Blueplanet,

 

I have moved this thread to our Financial Legal Issues Forum as a claim has been issued, hopefully you will get some help shortly.

 

Regards,

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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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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and forget about the names issues

they will be covered by the group registration.

 

 

the claim is obv very well stayed

and I bet the letter doesn't say WILL anything.

 

 

can we also have a copy of the defence you filed please

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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Dear All

Would be very grateful for advice regarding whether following purchase of a debt,

whether Default and Termination Notices have any relevance at all?

 

Also,

what relevance have ss 136 & 196 of the Law of Property Act 1925

or s. 82 (a) of cca 1974 in challenging these companies?

 

Are they obliged to provide copies of proof of purchase of the debt?

 

Thank you so much

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tell us about the debt first please

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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Please keep to one thread

 

Answer that link please

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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It this to do with your court claim 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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Thank you for coming back.

 

 

I've heard that creditors read these messages,

hence the reason why I refrained from naming the company.

 

 

The situation is they issued a claim for over £3,150.

I contacted them requesting a response to a CCA request.

 

 

They said they don't have the docs but will obtain them.

I believe they have purchased the debt, as it originates from a bank credit card.

 

 

I also stated in the Defence that theClaimant had failed to attach any proof or info to the claim and I needed further details to respond properly.

They also confirmed placing a hold on the claim.

 

 

They have come back over a year after issuing the claim,

having sent copies of what appears to be copy of agreement dated after 2007 and ts and Cs and statement of how the account accrued,

saying they can now go ahead with their claim but open to payment arrangements.

 

 

What I'm wondering is what happens to a claim after this gap?

I know, that currently, the name under which they issued the claim is not authorised.

But wonder if I mention this whether they will issue a claim under the other names they are currently trading which are extremely similar?

 

Should I just make arrangments?

Would be very grateful for advice regarding whether following purchase of a debt,

whether Default and Termination Notices have any relevance at all?

 

Also,what relevance have ss 136 & 196 of the Law of Property Act 1925

or s. 82 (a) of cca 1974 in challenging these companies?

Are they obliged to provide copies of proof of purchase of the debt?

Would be grateful for your assistance.

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It this to do with your court claim thread?

 

Threads merged.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Dear Consumer Action Group Champions

 

I don't know, if you are still online?

 

As I need to go back to the creditor, I will email them saying I have received the docs and will go through them and revert to them.

 

The court has my Defence since last year. I don't know whether the creditor has corresponded with the court since obtaining the docs.

 

I keep wondering whether I should just accept payment arrangements.

Look forward to hearing from you.

 

Thank you very much indeed

Edited by honeybee13
Paras and debolded the font.
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defence last years - heard nothing == claim stayed,

 

 

awaiting them to pay court to unstay a claim or they gave up ,

 

 

ring the court ask if stated,

if yes then, walk away

until if ever you hear from them or the courts,

do not contact a sleeping pig, stop panicking

:mad2::-x:jaw::sad:
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Hello there.

 

You had a question asked of you in post #11 on this thread. Could you tell us please?

 

We're here, but we're all volunteers so you may not get immediate answers.

 

HB

Illegitimi non carborundum

 

 

 

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Not another secret squirrel poster

YOU DO NOT NEED TO HIDE

please tell us the details we NEED.

 

 

go read this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?479573-mmf-moriarty-law-claim-form-old-wageday-PDL

another here last week that almost screwed his whole case by hiding very important details..

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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