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    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
    • It converts a forthwith to monthly payment which is set to suit your finances...so if £5 a month so be it...rubber stamped by the court....if you try to negotiate direct ...which it sounds thats what your doing.....they can alter it whenever they feel like it and if you dont comply can execute the judgment...but not if you submit an N245 as advised.   But hey what do we know ? 
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Séamus89

Advice Needed Regarding PayPal Chargeback

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Good evening,

 

I need some advice as I am having trouble with a charge back via PayPal for an item I sold back in early January.

 

I sold an Samsung Galaxy S8+ in early January 2018 via Gumtree,

I got an offer from a user (who's name on Gumtree did not match the one on his PayPal, this was an alias apparently) and we agreed to an offer so I sent him my PayPal details etc and he sent me his address.

 

I sent the phone via Yodel 48 which was booked via Parcel2Go and it was delivered the next day with a signature, however, I got some very abusive emails from the buyer claiming I never sent the phone and that I was ripping him off when I simply asked him if the phone had arrived ok.

 

A couple of days later I got an email from PayPal saying the buyer has submitted a charge back via his credit card company claiming the item never arrived and that my PayPal balance was now -£455.

 

I sent in all the evidence to the PayPal charge back team, copies of everything including the signature Yodel got on delivery but tonight I got an email back saying the charge back has been decided in the buyers favour which I find baffling.

 

I reported this to the Police a couple of weeks ago

I sent them the same information, all the emails etc and they decided to investigate it, I was asked to fill out a form on Action Fraud to get a crime number,

 

a couple of days later (Saturday just gone) I got a call from the investigatory officer saying they had interviewed the buyer and he still claimed that the phone never arrived and denied everything even though there is a signature (I can't see Yodel delivering to someone random).

 

I was told by the officer that she had spoken to the forces fraud department, however, due to reasonable doubt they would not be able to take this any further, she said to me 'someone could have been sat on the side of the road waiting for the van and then signed for the item' which again I find baffling and I was advised to take it to a small claims court but if I can't get the support from PayPal and the Police, what chance do I have in the County Court?

 

I have had the phone blocked but I am still down £455 plus a £14 charge back fee.

 

Does any one have any advice for me, I could really do with some.

 

Many thanks in advance.

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Do you really need the PayPal account ? If not, just forget about it and ignore any letters/emails. PayPal will persist for a while, but they don't do court. Don't forget to de-approve your paypal direct debit with your bank.

 

If you really need another PayPal account, just use a different card/bank account, a slightly different name and a different address. You can add your current name/address as a delivery address, which after a successful delivery will be 'confirmed'.

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I couldn't care less about PayPal (but I appreciate your comments, i'm not having a go at you), it's the scummy buyer I want to go after, he can't be allowed to get away with this!

 

The Police's logic is pretty stupid, they basically told me that any one can order or buy anything on-line, have it delivered to and signed for but then claim you never signed for the products purchased, do a charge back and get your money back because the police can't prove it beyond reasonable doubt because 'someone may have been waiting on the road for the delivery van and signed for it.'

 

Bizarre.

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As you have your money and haven't suffered a loss, you can't really do anything about people like that. That is why you ALWAYS withdraw your paypal money before sending goods.

 

Unfortunately, the police are right. The signature is your protection if a buyer decides to sue you, claiming that they didn't receive their goods.

 

Mobile phones are a prime target for dodgy buyers. I would never post a phone, always have the buyer collect. Just put it down to experience and move on.

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One of life's lessons, I will never post a phone etc ever again, collection only. (Thing is, the buyer owns his own company, I have no ides why he's lying about it)

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Police are correct.

You have been scammed and 'donated' a Galaxy phone.

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yep

 

dunno who forces fraud department is....


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Reclaim mis-sold PPI Read Here

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It could be the buyer who is pulling a fast one or someone who saw the courier, picked a key from the pocket and pretended to enter the address.

Check the buyer recent purchases and see how many phones he's bought lately.

He maybe a serial offender.

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you NEVER accept paypal for anything that peopel collect in person or want sending to an address that the paypal account is not registered at.

You have fallen for the oldest paypal trick there is. You wont be the last though but people make a living looking through gumtree for such things

when it was easier to go so I used to have an ebay account specifically for wrecking these sorts of peoples activities adn did this in unison with other like minded people. You would be surprised to see how many different people live in a chip shop in Shepherds Bush when buying phones and the like

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