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    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
    • My car DVLA details are 100% correct and up to date, guaranteed.  I lived at my address longer than I have owned the car and made sure the details were correct when we transferred ownership of the car, so it's not that.  It must be their second-hand eBay cameras.  I've emailed the CEO with evidence and laid it on.  I will keep this post updated with the outcome.  Thanks again FTMDave .  I appreciate the guidance. I hate these predatory parking cowboys.  How are they even legal?
    • there isn't one use that default dx  
    • upto you, if you have no assets like a home in the UK, there is absolutely nothing they can do even if they do get a judgement. i see you state last payment was 2021, so i will guess your notification to lloyds of a change of address was sent within the last 6yrs so they should have record of it on their system. why not give them a ring and ask what address they have for you? you could do AOS and defend the claim stating you are and have been resident in xyz since date, here is proof.  you could also send that to PRA demanding they discontinue the claim immediately. see what you can find out. you've till atleast the 19th (aos date) . dx      
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Ebay / PayPal dispute and chargeback pain


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I sold an eVoucher via Ebay.

This was a John Lewis discount voucher worth £75 (sold for £70).

 

I get contacted by PayPal a couple of weeks later stating the account holder was raising a dispute because his “account was hacked” and was victim to fraud.

I replied to the dispute and gave evidence the transaction was completed in good faith including the voucher had been spent.

 

During the waiting period before PayPal makes a decision, the “buyer” got his bank to issue a chargeback.

PayPal added a £14 chargeback fee to my account and now claim they are helping me to dispute the chargeback with the account holder’s bank.

 

My PayPal balance is negative ~£85 where PayPal are asking I add funds to bring it to £0 at least.

They state there is no seller protection for digital goods or services.

 

Any good advice is appreciated.

 

thanks

 

 

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ignore them 

nothing they can do to you.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I called. They wouldn’t give any docs to me because chargeback is still being decided by bank. I asked why the fee and they agreed to refund fee as good will gesture (I hate that term!) but explained it was a fee they charge as soon as an attempt to chargeback is made irrespective of bank’s decision. Will have to wait till bank decision I guess. 

 

Thanks

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just open a new a new account with slightly differing details

they cant hurt you at all

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You probably got the buyer name and address from ebay when they bought the vouchers.

Write to them and let them know that you will file a report of fraud if they don't explain how your vouchers got spent by them and then refunded by paypal at your expenses. 

Send the same via email a couple of days later.

I bet they'll start panicking saying that the uncle/wife/child/dog/cat/hamster used the account and they didn't know. 

Happened to me a few years ago.

All sorted.

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I suspect the fraud was not done by the account holder as his account laid dormant for 6 months until happened.

Previously, it was quite active according to feedback.

i received a thinly veiled threatening email from PayPal stating

 

It's very important that you address the balance on your account today to ensure continued availability of your PayPal account and to avoid additional collection efforts.

 

for those suggesting they can’t do anything,

can you assure me by stating your reasons?

What’s to stop debt collectors, small claims court etc happening?

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DCA's are NOT BAILIFFS

they have

ZERO LEGAL POWERS

and PP don't do court in the UK or anywhere

 

these types of things are built in to their business model

as they purposefully allow them to happen.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Got wescot on my case. Have taken heed of advice to ignore. However I got unusual email from PayPal 

 

“PayPal has made a transfer between the balances in your account for the following reason:

Our policy of converting all negative balances to E after 4 days”

 

Now, I’ve told my bank to cancel CPA. Guy on phone was hesitant (possibly not knowing what I was talking about or under instructions not to carry out request, who knows). Anyway, he cancelled the direct debit I have and assured me no payments can come out from PayPal. I got txt msg from them:

 

“Your Direct Debit to JPMC RE PAYPAL INTL LTD has been cancelled. Cancel it with the company as well to make sure they stop taking payments.”

 

The cynic in me is unsure this has been sufficient action. Advice on that and anything else I’ve mentioned in this post much appreciated.

 

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no harm in phoning the bank again

here are a few worthy notes to read if you debit card is still a payment method pp can use [have you tried to remove the card info as a payment method on pp 1st?]

 

GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS 
 .....
 We have been telling people to put a letter into their bank instructing them 
not to make any payments under any circumstances to these companies
 .
http://whatconsumer.co.uk/visa-debit-chargeback/- it works!
usually this should be done using the number on your debit card
 .
 banks MUST follow written intructions from their customers !
.
CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S
 .
 This fsa guide has now been updated:
 .
http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf
http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel
https://www.fca.org.uk/consumers/unauthorised-payments-account
 .
 Here's the text:
 .
 Cancelling a regular
 card payment:
 .
 When you give your credit or debit card details to a company and authorise them to take regular payments from your account, 
 such as for a gym membership or magazine subscription,
 it is known as a ‘recurring transaction’ or ‘continuous payment authority’.
 .
These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.
 .
 In most cases, regular payments can be cancelled by telling the company taking the payments. 
 .
 However, 
 you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments. 
 Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.
 .
 Be aware, though, that you will still be responsible for paying any money that you owe.
and that CANCELLING YOUR CARD WILL NOT STOP THE CPA
 .
 ..
 .
 New june 2013
 .
 Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.
 .
 Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement 
 by contacting their card provider, the Financial Conduct Authority said.
 .
 The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs) 
 due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.
 .
 CPAs, which are also commonly called recurring transactions or recurring payments, 
 are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.
 .
 Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when 
 a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by 
 mistake following cancellation by a customer the customer will be refunded immediately.
 .
 In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-
 cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints 
 since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.
 .
 Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today 
 customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily. 
 .
“We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue. 
 From now on we expect them to be getting this right. In addition, they have committed to review past complaints.”
.
 .
 Also mentioned your displeasure that as whomever took your money had obviously attempted this many times 
 probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.?

.
 .In the FSA's own words:
 .
 ..
 What should I do about a payment from my account that I didn’t authorise?
 .
 Your bank must refund an unauthorised transaction. 
 Money can only be taken from your account if you have authorised the transaction 
 or if your bank can prove you were at fault – 
.
see below.
 Contact your bank immediately if you notice an unauthorised payment from your account.
.
 If you are sure you did not authorise the payment, you can claim a refund. 
.
 However, your bank does not have to refund you if you do not tell it about the payment until 13 months
 or more after the date it left your account.
 .
 Your bank must refund an unauthorised transaction
 .
 ------------------
 .
 Your bank may only refuse a refund for an unauthorised transaction if:
 .
 ? it can prove you authorised the transaction 
– though your bank cannot simply say that use of your password, 
 card and PIN proves you authorised a payment; or
.
 ? it can prove you are at fault because you acted fraudulently, 
 or because you deliberately, 
 or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction
 .
 -----------------------
 .
 How quickly must my bank refund me for an unauthorised transaction?
 .
 The bank must make the refund immediately unless it has evidence that one of the above reasons applies. 

 Your bank may ask you to answer some questions and fill out a form confirming what has happened, 
 but it cannot delay your refund while it waits for you to return the form.

 If the bank has evidence that one of the above reasons for refusing a refund applies, 
 it may investigate before making a refund 
 but must look into it as quickly as possible. 

 If your bank rejects your claim for a refund it should explain why.
 If the transaction was on a credit card, the refund may not happen immediately. 

 But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay
 



…………..

 

there are plenty of paypal ebay topics here use our search and read up.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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