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    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   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. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   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.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
    • Is there a defence against the argument Royal Mail say there is no contract, and they are immune from tort and therefore cannot be sued?    
    • what was the defaulted date? no nothing to do with the court case
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theberengersniper

PayPal payment made using hacked account

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Hello all,

 

I hope I've chosen the correct sub-forum for this post, but if not would you move it for me?

 

I have encountered an interesting situation this past week and I wonder if I could have some advice on what, if anything, can be done about it. It's probably clearest if I just bullet point the facts:

 

  • I have a computer graphics card for sale on Ebay
     
  • Tuesday 12th June I received an email from a potential buyer by the name of Dorothy Baynham telling me they wanted to buy the card for their son's birthday and would I end the auction early and sell to them.
     
  • Wednesday 13th June I agree to end the auction once a PayPal payment is received.
     
  • Later on Wednesday PayPal payment for £360 is received along with the shipping name and address.
     
  • Thursday 14th of June I sent the graphics card away by Royal Mail Special Delivery.
     
  • Friday 15th of June it is received and signed for by a Mr ***
     
  • Saturday 16th of June I received an email from a gentleman, completely unrelated to either earlier person, asking me why I have claimed £360 from his bank account.
     
  • Saturday 16th of June I emailed back making clear that payment was sent from his account in payment for the item sold via Ebay.
     
  • Friday 22nd of June I have received an email from PayPal telling me they are reversing the payment. Sure enough, my PayPal balance is now -£360.

 

My belief is that the person I was corresponding with has used stolen/hacked credentials for a PayPal account to pay for the Ebay item. Subsequently, the person whose PayPal account was compromised has initiated a charge back.

 

There is a lesson to be learned here, which is to never believe what anyone tells you on Ebay and to stick to their rules and let auctions run their course. I understand that, lesson learned, apparently the hard way.

 

My question is,

on the basis that I know the address the item was delivered to and I know who signed for it, is it possible for me to issue a Letter Before Action or similar with the aim of bringing them to account?

 

I should make it clear, I am located in Scotland (west coast), the item was delivered to an address in Dudley.

 

I may very well have to simply suck this up and chalk it up to "I should have known better", but I thought I'd check first.

 

Ideally I'd rather not be out of pocket by £360!

Edited by dx100uk
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Moved to online forum

Name removed

 

REport this to action fraud


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

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

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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So apart from a minus balance you are not actually out of pocket??


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.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks for moving this dx.

 

I have reported it to Action Fraud.

 

I'm not what you mean I'm not out of pocket? PayPal are presumably going to want me to clear the negative balance, and if I don't doesn't that pretty much render my PayPal account unusable because any payment I receive into it will go towards clearing the negative balance? What am I missing?

 

Thanks for your time, I appreciate it.

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Hi,

 

I'm from the PayPal Community Forum.

 

I'm not quite sure how you managed to exchange email addresses for the buyer to make a payment to do an 'off eBay' deal. eBay usually picks up on any attempted exchange of contact details.

 

However, if you did manage to exchange email addresses, did you send the buyer a PayPal invoice for 'goods'? If so, and you sent the item out to the address that PayPal provided you with on the payment received notification, you will actually be protected against a chargeback.

 

A chargeback will also land you with a £14 admin fee.

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you remove ALL funding sources from you paypal account and then you ignore them totally

 

theres nothing they can do

 

pp don't do court. they are in luxy

 

and any stupid DCA they try and use to make you pay are totally powerless and are not bailiffs.

 

100's of threads on here regarding this common sc@m

ebay/paypals business model is setup to deal with this type of loss anyway

 

bottom line you now ignore


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.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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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.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi,

 

I'm from the PayPal Community Forum.

 

I'm not quite sure how you managed to exchange email addresses for the buyer to make a payment to do an 'off eBay' deal. eBay usually picks up on any attempted exchange of contact details.

 

However, if you did manage to exchange email addresses, did you send the buyer a PayPal invoice for 'goods'? If so, and you sent the item out to the address that PayPal provided you with on the payment received notification, you will actually be protected against a chargeback.

 

A chargeback will also land you with a £14 admin fee.

 

Hi Hannya,

 

First off, I realise wholeheartedly how stupid this whole escapade is.

 

The 'buyer' messaged me from an Ebay account asking me to contact an alternative email address.

 

If Ebay's system should have picked up on that, it didn't, but in any case I emailed said email address and a deal was made. Payment was received via PayPal and the item dispatched, received and signed for. I didn't issue an invoice, they sent payment direct to my email address.

 

The next day I received an email from the owner of the PayPal account telling me the transaction was not of their doing. Subsequently they have been refunded and my PayPal account now shows a negative balance.

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As post 6


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.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi Dx,

 

 

Yep, thanks for you help, I do sincerely appreciate it.

 

 

This is a hard lesson to learn. Although, strangely, I logged in to PayPal this morning and my PayPal balance is now showing £0, not the -£360 it was showing the other day. I don't know what's going on. I wondered if they're plundered my credit card for the amount to get my account back to zero before I managed to remove it but it doesn't look like they have.

 

 

Thank again.

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Would show a payment if they did in the expanded account details


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.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Yeah, nothing there at all.

 

The only history shown is the last payment received (from the hacked account) and then my transfer out to my bank account.

Nothing after that. Strange one.

 

The only thing I can possibly think of is that the bank has decided against the person who claimed their account was hacked and has reversed the chargeback, is that even possible?

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Time to ignore everything


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.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I've also been scammed in the same way by the same person and think I have details for the people living there. I plan on taking this further, please contact me and hopefully we can both get our money back

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Hi GraphicsCard and welcome to CAG.

 

 

Please keep comments to this thread, we don't recommend anyone to make contact privately. Site rules refer.

 

 

 

Best, HB


Illegitimi non carborundum

 

 

 

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Hi GraphicsCard,

 

 

I'm sorry to hear you've had the same experience. Ultimately though I'm not sure what can be done, unless you have ideas of your own. In the end I pretty much had to chalk it up to a bad experience and take the loss on the chin. In the end the person whose card was used raised a chargeback with their bank and because I didn't send the item to the registered address the claim was successful and I was down nearly £400.

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well you don't take it on the chin

you simply don't pay paypal back

open another account with diff details.

 

paypal don't do court they are in luxy.


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.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Don't forget to report the receiver to the police.

The name is most likely false, but the address is genuine and I bet they're running a large scale fraud using the same method.

If by pure luck you get a keen officer interested you might stop it, but I doubt they'll recover the graphic card.

Don't use your PayPal account anymore as suggested above.

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report it all to actionfraud website

you'll get a ref no to quote then


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.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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