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    • Looking for a bit of advice on an possible malicious or fraudulent claim.   I received a letter today from my insurance company regarding an alleged incident three months ago and stating I had five days to respond or my no claims bonus could be affected if they settled the claim. It gave a date and postal code for the incident. I rung the insurance company and said I had not been involved in an incident on the day in question and was not even in the area. I am absolutely clear on this although the area is only about 15 miles from my home, it was Easter Monday and I know exactly where I was that day. I asked about the incident and was told that my vehicle had reversed into another car outside a shop. There are no shops in the area, it is purely rural farmland (so no CCTV obviously).   The insurance company said they would note my response and send to the claimants insurance company but would need to send an assessor out to take photos of my vehicle for any damage. My vehicle has no damage to the rear but does have a dent to the door from a collision with a deer that I have never done anything about.   My questions are ;   How did the claimant obtain my insurance details ? Does my insurer have to provide me with details of who the claimant is ? Could the dented door cause a problem because I didn't report it ? It is very obvious it is not damage from reversing into someone else. If I had been away on holiday and hadn't responded, would this claim just have been paid without me knowing about it resulting in loss of NCB ?  
    • It doesn’t say FINE anywhere on the documentation.    I don’t have the facility to scan the document, is there something in particular that you need to see? I can explain what is on there.    Thsnks 
    • CASE DISMISSED!!!   Thank you so much for all your help guys! Couldn't have done it without you!!! - donation on it's way (just waiting for some money to come in next week!)   That was pretty nerve wracking, I must say, but once I got into the flow of things, everything went well. Didn't help my nerves that the PRA rep was 30mins late!! Was hard to gauge the judge initially, but once I realised that she was well versed in the legislation and seemed to hold it in high esteem, I felt confident and the nerves dissipated a bit (lucked out there from what I hear from other horror stories!). She pretty much agreed with everything that I had said, and even highlighted things that I had thought about mentioning but didn't in the end, although she wasn't interested in my use of PRA v Mr Segal as it wasn't directly relevant; I knew this, but that wasn't why I was using it! I tried just once to explain my reasoning, but realised that the judge was ultimately for my case and so yielded quickly on that, rather than get her back up!   The best part was when the rep knew that case wasn't going his way, he then reverted to desperate tactics and referred to the fact that I was a day late sending the stuff to PRA and that I hadn't signed their copy; judge was not impressed with this argument at all, simply saying "Well the copy I have here was filed on time and signed". Not that that would have made a difference as by that point I had already explained my case, and she had agreed. She also had a go at them for trying to file the "response statement" without permission and disregarded it (as you thought Andy).   I felt sorry for the rep, decent bloke, very polite, asked if I had any questions for him afterwards, and kept highlighting the fact that he didn't work for PRA; think he knew it was a poor case and that he would have a hard job trying to fight it.   Something he said did concern me a lot though, and that was that he "couldn't guarantee that they wouldn't try again, either by appeal or by another claim".......not sure what this means and where it leaves me!! I questioned him about there being another claim as I don't feel that an appeal would be approved (although it could I guess!) and he seemed to think that they could come after me in a claim for arrears/interest? This threw me and ruined the feeling of joy that I momentarily had! I phoned National DebtLine to get some clarity on this and they seemed to think the same thing! Then I found this online:   "However, according to Late Payment Legislation law (see ext. link 10), a creditor is allowed to charge his debtor an interest fee, if the consumer has late payments and bad debts. I.e. a debt buyer can request an additional interest payment from his debtors as a creditor, and not as a DCA. The same late payment legislation allows such interest collection to begin after a 30-days default period." https://ecollect.co.uk/wiki/debt-collection-uk/   Found similar information on other sites and even on other threads on CAG. I know you said they couldn't add anything Andy, so now I'm confused.com!!! How can they claim for arrears or interest if the debt that said arrears/interest is based on is now deemed unenforceable by a court ruling???!!! That just seems ridiculous and means that this thing will never end!!!!!    
    • Thanks Honeybee   For PCN's received through the post [ANPR camera capture]   please answer the following questions.   1 Date of the infringement - 5/7/19   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 11/7/19   3 Date received 16/7/19   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y   5 Is there any photographic evidence of the event? Y   6 Have you appealed? [Y/N?] post up your appeal] N Have you had a response? [Y/N?] post it up   7 Who is the parking company? Northern Parking Services   8. Where exactly [carpark name and town] 1 Kings Manor Newcastle NE1 2ST   For either option, does it say which appeals body they operate under. BPA   There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE     I do not think there is ANPR at this location but there are photos of the vehicle in a parking space The PCN has a "vehicle observed from"  date..... and time......  "to date..... time.....  
    • Hi,sorry for delay in respnse, just started a new job.   LBA here   Sports Direct 1st June 2019   Dear Sir/Madam, On 26th January 2019 I bought a pair of Phantom VSN in size 11 from Sports Direct Chingford. Please see my details of purchase below. ..... screen grab from bank statement of card payment .... On the 27th June 2019 I was surprised to see that the sole of the right boot had torn open at one of the rear studs, making the boots unusable. Please see picture below. ..... picture of torn sole of boot .... The Consumer Rights Act makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.  I do not feel that an £85 pair of boots should fail after five months of being used for nothing other than their intended purpose. As you are in breach of contract I am rejecting the boots and request that you refund the sum paid to you of approximately £85 which I trust you will be able confirm from your records. I have bought a replacement pair of the same boots from your website on the 28th June 2019 as my son needed boots almost immediately, for that reason please give me a full refund of the original purchase price. I am today returning the faulty boots along with this letter to the Chingford branch of your store. If I do not receive your satisfactory proposals for settlement of my claim within 7 days of the date of this letter, I intend to issue a claim against you in the county court without further reference to you. Yours faithfully,   They replied by email to say this ............. Thank you for send your football boots for a further inspection.   I would like to advise you that on inspection it is our belief that the issue is due to wear and tear and not an inherent manufacturing fault. I appears that the stud had been caught on something which has caused it to rip apart from the sole.   Sadly, I am afraid for this reason we are on this occasion unable to offer a replacement or refund for your boots.   I have now returned your boots to you.   Apologies for any disappointment caused. Kind regards, ................ The boots arrived back to me today   I assume I now make a small claims claim?   Thanks Micky  
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Refund from a fraudulent activity Ebay/Paypal?

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Hello all,

 

Recently I became a victim of fraud and I have been trying to reach out to all the right people in order to correct this.

 

I purchased a brand new, still sealed mobile phone from what looked like a reputable seller on eBay. They had been on eBay for quite a few years selling all sorts of items with great feedback and not negatives.

 

I received the mobile phone after paying using my CC and used it for 6 months as there were no issues until February this year. It had turned out the original owner had put the mobile phone on the global blacklist as I believe they're the only person (except the police) that can do this. I tried to get in contact with the seller and it had seemed they had deactivated their eBay account, which was strange since they had been a long term user of eBay.

 

I'm reaching out to the eBay community for advice on this situation please. I have actioned the following so far:

 

- My CC company won't issue a refund due to a third party handling the transaction (PayPal). There is a Consumer Credit Act 1974 (yes, this is a problem in this day and age) that apparently stops banks from issuing refunds.

 

- eBay have said they wouldn't help and I needed to go to the payment handled.

 

- PayPal have said they wouldn't help being it's outside their 180 day limit. I have sent the CEO a letter with all the evidence screenshotted.

 

- I wrote a letter to the supplier of the mobile phone and report the fraudulent activity but I received a very unprofessional letter with no name or signature back. I am looking to send this to their CEO and ask if this is acceptable.

 

- I logged a case with Action Fraud who tried to pass it to the National Fraud Agency and got told they literally don't have the time to check this case.

 

- I am currently trying to work with the Financial Ombudsman Service to push my CC company into getting my money back.

 

Short of me running about and trying to get either my mobile phone working (off the blacklist and the IMEI number moved to my account) or getting my money back, I am running out of ideas. I could try legal advice but if anyone has any kind of appropriate and helpful advice, I would be grateful.

 

Kind regards,

Mark

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Hi and Welcome to CAG

 

I have moved your thread to the appropriate forum...I would suggest your problem is with Ebay/PayPal not Santander. Section 75 refund to not apply to third party sales.

 

Thread title updated

 

Regards

 

Andy


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seems weird they would blacklist a phone after 6mts?

sounds like an admin error somewhere by someone


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seems weird they would blacklist a phone after 6mts?

sounds like an admin error somewhere by someone

 

Certainly does. I found out the IMEI is linked to an EE account. This means EE were the phone supplier who sold this phone from new. EE have it in their contracts that you cannot sell a phone within the first 6 months of starting a new contract because you're still paying for the phone.

 

I'll leave it to you what to think.

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ah right that explains it then

the guy sold it off [or it was sold to him] before he/they was allowed to and EE have found out

probably left them with a tidy usage bill too.


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ah right that explains it then

the guy sold it off [or it was sold to him] before he/they was allowed to and EE have found out

probably left them with a tidy usage bill too.

 

It could be an insurance claim. Check this scenario; original owner sells and waits 6 months before claiming on insurance for this phone as lost/stolen. This means the IMEI goes on the blacklist and the original owner gets a new phone. This also means that by selling the original phone, they have gained 605GBP from myself. The reason for the 6 months could be to avoid all helps from eBay/PayPal leaving the buyer with nowhere to turn.

 

No one left a usage bill because I bought the phone brand new and still sealed. Only I have ever used the phone which I can prove from my account.

 

I would like to get the IMEI off the blacklist and removed from the original owners account so they cannot blacklist it again. Failing this, I would clearly want my money back. Sadly, I'm not very well protected due to the seller waiting this duration and PayPal being the third party handler which stops my CC refunding me due to the Consumer Credit Act 1974. Not that I agree with this, I believe all fraud should be fought against and with none of the big companies nor the National Fraud Agency getting involved, I do not have a lot of options left.

 

I have quite a lot of evidence in screenshots but so far no one is wanting to help.

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No one left a usage bill because I bought the phone brand new and still sealed. Only I have ever used the phone which I can prove from my account.

 

Surely the usage part of a bill would relate to the SIM card, not the phone.

Unless you got the original SIM too, (& it was unused, still in the carrier it was supplied with originally), I wouldn’t be so confident there wasn’t a usage bill ......

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Surely the usage part of a bill would relate to the SIM card, not the phone.

Unless you got the original SIM too, (& it was unused, still in the carrier it was supplied with originally), I wouldn’t be so confident there wasn’t a usage bill ......

 

I'm not sure why the usage part has come up because this has nothing to do with buying the phone and my issue. I bought a brand new, still sealed mobile phone and put my own SIM in it. I do not have the SIM the phone was sold to/with.

 

Whatever the original owner does with their SIM has nothing to do with my end of this. Could you please clarify what you mean?

 

For clarification on my part; I have tried not to talk about a SIM because I didn't want people to get confused. I'm purely discussing the phone IMEI being blacklisted.

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yes but if you read whats been said the original sim card could be the reason why its been barred?


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yes but if you read whats been said the original sim card could be the reason why its been barred?

 

If you mean because of a usage bill on the original SIM sold with the phone (if it wasn't just an upgrade) then surely the SIM alone would be blacklisted and not the phone as well? After all, it was in my own care for 6 months, longer than EE T&Cs.

 

Unless I'm clearly missing the point. Sorry, not trying to be awkward, I'm only trying to understand the situation so I can see if there is something I can actually do about this.

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Yes so are we.. Its an interesting one


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Most likely the events developed as follow:

1. Fraudster signed up to a contract and got a new phone

2. Signed up to insurance at the same time

3. Sold the phone to you without telling the network provider

4. 6 months later he/she made a claim through the insurance for lost/stolen phone

5. Phone gets barred

6. You get shafted

7. He/she gets a new phone and keeps your money

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If you manage to find out why the phone has been barred, you could report the seller to the police for handling stolen goods and/or making a fraudulent insurance claim.

Providing my assumptions above are true.

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