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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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bumabear

HELP! Barclays chargeback failed

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Hi guys, I hope someone can point me in the right direction or help with a Barclays / Alibaba issue

 

I made a first time purchase through Alibaba 3 months ago - checked with Alibaba if my purchase is covered by their trust assurance guarantee ( and was assured it was covered )

 

Because it was my first time using Alibaba - I used my Barclays credit card hoping that if anything went wrong I would be covered.

 

I paid for the machine (3k) and received a tracking number - a week later I was contacted by the seller saying TNT had change the tracking number - they then gave me a new number.

 

2 weeks later I was contacted by TNT saying that the shipment was damaged - but is still on route for delivery, they were unable to tell me how damaged it was at that point but to mark the shipment down as damaged as soon as it arrives.

 

Shipment was delivered completely damaged (its a machine, and the lid to the crate was smashed in half)

 

On opening the crate, the machine was NOT in there - just some parts to the machine, I contacted Alibaba - who told me to contact the buyer, buyer then does not respond.

 

So I contacted Barclays - who put the claim in over the phone and told me to wait for documents in the post, 2 weeks later the documents in the post then arrived confirming the claim, but nothing asking me for more information.

 

I then chased this up weekly with Barclays, and every time I called them or contacted them through their in account messenger service I was told. To be patient someone will be in contact.

 

By that time I had then received an email from Alibaba saying that since I have not raised any queries - they will now release the money to the seller (why would I worry since my claim was already in with Barclays)

 

In the 4th week on my claim and still not being contacted by Barclays - I called them again, and asked to speak to the UK team - I then got put through to the UK disputes team, and the woman I spoke to was quite surprised that my issue had not been dealt with yet - I explained to her that because you (Barclays) had taken so long to deal with this Alibaba have now release the money to the seller.

 

She then asked me to provide all the evidence of purchase including the email from TNT confirming damaged to the shipment.

 

I sent all this through, and got a prompt lets back from them 3 days later saying that are crediting the money to my account - but Alibaba could still dispute this.

 

In the mean time I have had to purchase a much more expensive machine from somewhere else which has promptly arrived.

 

2 days ago I have now received a letter from Barclays stating that they will not be able to pursue my claim - as Alibaba have come back, and said that I did not raise the issue with them - and that I should go back to TNT and raise the issue with TNT.

 

Barclays have now also stated that they will be unable to pursue as this is a 3rd party site, and the 3k they have credited to my account will now be debited in 14 days.

 

I have since gone back to Alibaba - who have said their is nothing they can do as the money has been released to the seller, if Barclays had not dragged their feet in responding to this window would have not lapsed.

 

What are my rights regarding this charged back ? I am a very small start up business and seems I may have to close before I have even started.

 

Any help would be greatly appreciated

 

Thank you so much

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Is alibaba a third party??

Did you pay for the goods directly from the supplier?

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Thank you for your reply SGTBUSH

 

Alibaba is similar to Ebay, where it is a platform for Wholesalers to list their product for sale, but there are assurances

-if the product doesn't arrive or is not what you purchased you are protected by the platform. so very similar to Ebay.

 

It works similar to Escrow, where you have a time period to claim within

- but the claim was with Barclays at this time, as well as the seller had changed the tracking number.

 

Essentially my claim period ran out as Barclays were not getting back to me.

I'm now being told to go back to TNT even though it is the sellers TNT account.

 

Hopefully this makes sense, i'm in a real panic at the moment :Cry:

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Who did you pay?

Alibaba or the company who supplied the goods?

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I've just looked at alibaba.com and its payment terms etc.

You DO NOT have a section 75 claim and never have had.

Its a third party payment system.

Just like PayPal, the credit card company's make it very clear. You do not have a direct payment with the supplier.

 

Your claim has always been with alibaba.

Seek redress thru them

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luckily as you have been here since 2014 you will have read our customer services guide and you have recorded the telephone calls which you had with Barclays Bank

 

That is extremely good because it means that you will have evidence to support the conversations that you had where Barclays seem to have lead you around

 

Send Barclays an sar and get all the information they have and then come back here


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