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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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blackfriar

Ebay seller threatening Small Claims

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Hi there. Please help!

 

Long story short,

I bought a compass from ebay, listed as "new" for £27.95 total (£25.00 for item, £2.95 for postage) Arrived scratched and damaged.

Informed seller, and sent photos showing damage, requesting to return it for a refund as per eBay return procedure. 

 

They initially refused a refund saying "returns not accepted" and said there was nothing wrong with the item.

I quoted a bit of eBay's returns policy for items sold not as described.

The seller, suddenly, manually sent a refund from within PayPal for £27.95 only but failed to send me any funds to cover return postage/or provide a paid return postage label.

 

I suspect he purposely did not adhere to eBay's returns policy guidelines, and instead did things manually via PayPal, in order to later cheat me or otherwise cause problems during the return postage. Of course, if you transact outside of eBay's procedures and system, then you are not covered.

 

eBay messages sent back and forth. I repeatedly requested he created a paid refund label. He demanded I send it at my own cost, and once he received the compass, he would refund any incurred return p+p fees at a later date. First he said he couldn't create a label, when I linked him to eBay's customer support page so he could find out how to do it, he then claimed he "didn't have time", and finally said it wasn't possible because he'd manually sent a refund.

 

By this time, the tone of his messages had become quite demanding and pressurizing.

From past experience with difficult eBayers, I believed he was going to try something, as I had listed a high-end camera bag on eBay myself and the approx. market value was about £175.

 

I "blocked" his eBay account from bidding on my bag. 

Sure enough, literally immediately after I sent him a very firm, final message telling him to send me the return postage costs before I would return the compass, my camera bag received bids from 2 eBay users who had variations of his uncommon surname, and also his original seller account's username.

One of the accounts was created that day and had zero feedback, the other had a feedback history of about 20 or so.

 

I confronted him about it, in a final message the following day, and he said he knew nothing about it, but his "wife" may have been "causing mischief".

I reported him to eBay.

 

Since then he sent a few more messages but I told him I wasn't interesting in communicating further, and the offer to return it still stands, but only once I have received funds to cover the return postage cost.

 

This was all over the period of about 4 weeks, and I still have the compass and i'm still awaiting funds from the seller to cover return postage fees.

 

Received a letter before claim from the guy today.

He says he will seek to claim £30+ per hour for his time, based on his salary, if it goes to court, and will need to travel from his home in England to Scotland should I decide on a Simple Procedure here.

 

In his letter, he claims he has "offered" to pay for the return numerous times, which is inaccurate as he wants me to post it first, then wait for reimbursement at his discretion at a later date via PayPal.

 

I responded at length to his letter, sticking to the facts and re-stating my position.

Of course, I have proof of all the communications via eBay messages, and also his shill-bidding activity on my camera bag which of course only served to make trust his word even less.

 

Please can you advise what I should do in this case, and if he does decided to take it to court, given the information i've provided, how do you think it would play out?

 

Many thanks in advance for your help, and sorry for the length of this.

 

Cheers!

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Any claim will always be at your local court as you Are the defendant

 

Why didn't you do a chargeback??

Not worth arguing over £3 TO RETURN IT Imho


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

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What should I have charged back?

 

To add, I emailed him a copy of my response letter, and this is his response below. What do you make of this?! It seems completely bonkers IMO. I have not received this "third party royal mail" postage label he talks about buying on 3rd March, as I've told him many times now. All I've received is a few messages from eBay, none of which contained any postage labels. Nothing of the sort has arrived in my PayPal account.

 

He seems to be ignoring ebay's money back guarantee returns policy, for items "sold not as described" (as he readily admits below.) so I assume I am in still in the right here?


Private and confidential. Without prejudice.

 
Hi
 
I have not read  your email as I do not accept electronic communications in regards to this dispute which sits alongside your earlier request in relation to not communicating again, please forward anything you feel appropriate in writing, Please consider what you have sent  via email as unread.
 
No future correspondence will be accepted or read/replied via any electronic methods i.e. email, unless of course you are confirming you have used the postage paid label sent to you on March 4th 2019 by eBay to return my item in which case I will consider this issue resolved. failing that I have no alternative than to seek redress via the legal channels.
 
The facts remain Feb 20th 2019 you requested a refund  fair enough I had not seen the damage as it had sat in its packaging since purchase so I just took pictures and posted on eBay, then later that evening you requested a postage paid label, at that time I had no responsibility to refund the purchase price of the item until I received the item back however as i was unable to find the returns postage section on my phone I took it upon myself to refund the amount paid, I repeatedly requested you send the item back and repeatedly requested you send me your PayPal and postage details so i could not find how to sort the returns postage out.
 
On each occasion you refused, eBay confirmed to me which was relayed to you that as I had given the refund they could not do anything about postage labels so again I repeatedly asked again to no avail, to which you then sent a link to a useless article. eventually after nearly two hours I got in touch with eBay and explained the situation
 
On March 3rd 2019 whilst online with eBay I purchased under the explicit instructions and guidance of eBay a postage paid label from a 3rd party and emailed it to eBay at their request, they inform me they have sent this to you alone with numerous messages for you to return the item to me.
 
For the avoidance of any doubt. some undeniable facts!
 
20th Feb 2019 refund requested and given  on Feb 21st 2019 electronic evidence available to prove this beyond any doubt.
 
Item not received details outlined above.
 
3rd & 4th March following repeated requests for you to send me postage costs and PayPal details a Postage label sent to you from eBay emails and chat transcripts evidence beyond any doubt.
 
Receipt for the cost of my purchase of a 3rd party Royal Mail postage paid label beyond any doubt
 
Item still not received
 
I have involved eBay legal department and a relative who is a solicitor as i will be requesting any emails, chat transcripts or other documents relating to this issue including  very specifically the postage paid label proof it was purchased by me and sent to eBay to be forwarded to you.
 
Your whole position is revolving around your hunch/opinion you would lose out on less than £3.00 postage yet not satisfied with me refunding the whole amount or my explanation which I did not have to do until i received the item back, the evidence is very clear I have as previously explained .
 
I have fulfilled my obligations completely in terms of giving you a full refund and paying for a postage paid label which was sent to you by eBay, yet you still have my property. 
 
You ave two choices, return my item which you are withholding without permission despite having a refund and a postage paid label or keep it in which case i am left with no alternative but to follow the legal avenues available to me.
 
Time spent on this email 15 minutes, charges to be added as per my letter, this will be added to the final owed amount, a statement will be sent to you periodically by Royal Mail recorded delivery.
 
Regards

 

 

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All this over £3....

Send it back

You can get free proof of posting at any po counter

Thats all you need


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

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So I should be £3.00 worse off after returning an item which was falsely advertised?

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No but take the ypperhand.

Do it

Send ebay a coopy of. Your proof and they can see you didnt get the returns slip

You'll get your money theyll take it from his account


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

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Paypal offers refund for any returned item.

See here:

https://www.paypal.com/uk/webapps/mpp/refunded-returns

 

Or search for "return shipping on us paypal"

All for fairness, but £3 would have surely been returned by ebay even if he refused to refund it.

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As the amount he is claiming is so low, this would be a small claim and covered by part 45 rules regarding costs. Meaning the only costs he would be able to claim if he issued proceedings and won would be limited to the court fee.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs

 

i Assume you have not yet opened s “ not as described” case on eBay. I suspect the seller refunded via PayPal to prevent you from doing this as it would effect his seller ratings.

 

if you are able to open a case, then do that now and eBay will provide a returns label to you and charge the seller for this. 

 

As the seller is being nasty, I would advise contacting eBay to report him and to get them to step in.

 

also I’m pretty sure that courts accept email as a valid form of written contact, so his childish refusal to acknowledge your email would not stand up

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