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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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PayPal, Gambling, CPA


Pierre GA
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Can anyone help me. I am stuffed because of this exact thing.

 

I was allowed to deposit £4.4k into a gambling website when I had no cash in my bank. 

 

It was the final straw and so I came clean with the wife and joined GA. 

 

I didn't even think to search on the internet, despite how wrong Paypal's actions seemed to me.

 

This was a few weeks ago and I suffer with depression and anxiety, so all of this just crushed me.

 

I wake up every day and literally beat myself up.

 

After a lot of intervention and love I am able to lift my head out of the sand and address what has happened. 

 

Here's the issue: 

My wife was getting texts from Nationwide daily saying '£1,700 is due out of your account tomorrow' and so she found the money, and transferred it in. 

 

We took on debt of £3k and Paypal have managed to get their hands on c£4k. 

 

My Paypal balance is now -£420.

 

Nationwide are closed now

I will call in the morning to cancel the CPA / DD.

 

Do I log a fraudulent payment claim against all of this?

Or do I not have a leg to stand on now that I have paid?

Should I contact the financial ombudsman

 

Any advice would be appreciated.

 

I have payday loan repayments of £1,800 a month atm.

and £4k would clear the majority of that debt...

I have a 7 month old daughter and my Wife is on maternity etc. etc.

 

Suffice to say that the situation is dire. 

 

Thanks if you read this far.

 

Pierre

 

 

 

 

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Can anyone help me. I am stuffed. 

 

PayPal allowed me to deposit £4.4k into a gambling website when I had no cash in my bank. 

 

It was the final straw and so I came clean with the wife and joined GA. 

 

I didn't even think to search on the internet, despite how wrong Paypal's actions seemed to me.

 

This was a few weeks ago and I suffer with depression and anxiety, so all of this just crushed me.

 

I wake up every day and literally beat myself up.

 

After a lot of intervention and love I am able to lift my head out of the sand and address what has happened. 

 

Here's the issue: 

My wife was getting texts from Nationwide daily saying '£1,700 is due out of your account tomorrow' and so she found the money, and transferred it in. 

 

We took on debt of £3k and Paypal have managed to get their hands on c£4k. 

 

My Paypal balance is now -£420.

 

I initially posted this in the wrong place and dx kindly offered some advice. 

 

yes I would get all the payments back from NW under chargeback

and remove that account as a payment method to PP as well as you say via CPA..

 

I am not embarrassed to say that I don't understand how this works and the call to the bank is filling me with dread. 

 

What do I need to say to the bank when requesting a charge back? Does this fall under unauthorised transactions?

 

PayPal aren't letting me remove the bank as a payment method atm.

 

Trying to not get my hopes up as this would be so huge for me and my family. 

 

Truly grateful for any help. 

 

Pierre

 

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Thanks for the reply. 

 

So all of the additional payments were taken by DD. I've cancelled the DD and instructed the bank not to allow any further payments. 

 

Fraud team initially said that PayPal reject any DD indemnity claims so they wouldn't process one until I spoke to PayPal. 

 

I called back after brushing up on DD indemnities and said that there is no obligation for me to contact PayPal, that I did not authorise DD charges and that I wanted the money back in my account. 

 

Apparently due to the number of transactions it may take ten days even though its one day usually. Will be calling back tomorrow. 

 

Anyone have any experience with DD indemnities? How will PP try to successfully challenge the claim? 

 

Many thanks 

 

Pierre

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Guys this is great thank you so much. 

 

I have been reading up on direct debit guarantees and indemnities.  I want to call NW back today and challenge a few of the things I have been told. 

 

I wanted to check a few things first of I could? Sorry if this is basic but I am trying to get my head around my rights and there's so much misinformation around! 

 

1) the DD mandate states

 

If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society

The Nationwide rep (second call) said

A) due to the number of transactions it may take 10 days to process the indemnity claim, and;

 

B) due to the amount they can't just process an immediate refund.

 

Is this not in direct contravention of the DD mandate? 

 

2) they have asked why I am raising the claim and I gave a simple answer of 'I did not authorise them to take those payments'.  Is this sufficient for the claim? 

 

2) They say someone may call to ask more questions - what is my approach? Initial thought is that it's quite simple - I did not authorise PayPal to take those payments by direct debit and once the indemnity has been claimed PayPal will have 14 days to prove otherwise. 

 

3) the first rep said that they don't do DD indemnity claims against PayPal because they just reject them. As dx says above, Paypal don't bother with a counterclaim - is the rep again telling porkies? Even if they did counterclaim surely they need to provide proof rather than merely rejecting?

 

4) they said I need to speak to PayPal before they raise the claim. I flat out said that I do not need to speak to PayPal and that I want to raise an indemnity claim - am I right? She then went ahead and made the claim so I'm either right or said it with enough conviction that she just took what I said at face value. 

 

Didn't record the first call but did record the second. 

 

So glad I came across this forum, such a great resource that all consumers should know about. PDLs are next on the hit list 👊

 

Sorry @fkofilee missed your question re timing of DDs.

 

I have disputed funds successfully taken by PayPal via DD, as follows 

 

13/5/19 - £240

14/5/19 - £680

16/5/19 - £1390

17/3/19 - £30

20/5/19 - £1330

 

Total £3,670

 

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I will be closing my NW account too, no matter the outcome. More out of necessity as I need to relinquish all control of money while I go through recovery. My salary, all bills and all debt repayments will be going through my wife's Santander account and we will look for a solution so that I can access small amounts of cash. 

 

Digital services seems the way to go and that's the second recommendation of Monzo after fkofilee posted this morning. Will definitely look into Monzo and Revolut with my wife and see if they can give me the boundaries I need. 

 

No matter the outcome of all this, taking a stance and challenging what I think is a disgusting practice has started to pull me from a really dark place. Can't thank you guys enough and I will be sure to use my experience to help others who come to this site in need. 

 

Pierre

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Thank you MrTRC, fantastic post and some great advice there. I've heard a lot of stories the past few weeks from GA members. Your story and theirs give me hope that there is a bright future ahead. 

 

I stumbled across the 'billing arrangents' page on PP last night 

 

(log into website: settings - payments - billing arrangements) 

 

Cancelled them all, even Google but I'll sort out an alternative finding source with them directly. 

 

My wife and I have worked on a budget and a plan to pay down all our debts. I do financial modeling for work, so I do the tappy tappy and she has the final say on everything. Its only money at the end of the day and getting my life back, my families life back, is worth anything in the world. 

 

Pierre

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Wow so just spoke to Nationwide. You'll like this one. 

 

Stated that I was calling due to concerns over previous conversations that day and to check the status of my claim. 

 

Was on and off hold a lot and the rep was very cagey, speaking to manager etc. She tells me that there are two DDI claims on my account, for dates and amounts that are completely different to what I asked for. 

 

I asked her to read the notes from my previous calls. She goes on hold again and comes back to day she will send me all notes, correspondence etc. from my calls. I ask for it via email and am told that I will receive this in 28 days (!!) 

 

I ask if we can go through the documents over the phone. No call notes (they'll be on the DDI forms I'm told - there were no notes on the forms either). Okay, next I ask for dates and amounts included in the claims. I load up my PayPal activity to cross check and the first claim was for 'send to friends and family' payments made by visa. The second claim was also for visa transactions. In fact PayPal didn't take a single DD from my bank account for the whole time that I have used them, up until the start of May. These claims were for April. 

 

A little while later the claims, that might be considered spurious/fraudulent, are cancelled. Or at least there's a note on them asking for them to be cancelled. 

 

I ask for my actual claim to be raised. More hold music. We can't do it right now due to the volume of transactions. You'll have to wait two days for your statement as we can't load the transactions. System can't handle it. 

 

I escalate the matter to her manager so I can make a complaint. Manager takes details, asks some questions. Asks why fraud team aren't involved, is it fraud? I say it was the fraud team that I called this morning I thought they raised the claims. I don't know what the transactions are, I haven't spoken to PayPal, I'm exercising my right to a DDI. 

 

She calls them to 'check why they aren't involved, maybe because its DD'. Comes back saying there's a lot of transactions, lots of gambling.

 

Okay I say, point still stands that I want to claim a full and immediate refund, which I am entitled to do. 

 

She gives me an email address to put all of this in writing, which I'd asked for previously. Asks me not to do so until the complaints team speak to me by Tuesday, as it will duplicate. 

 

She goes to end the call and I'm like, so what about my claim? She responds while clearly looking at my account and says that she can see a claim was raised earlier today... 

 

Flabbergasted, I go to remind her that yes, that's why I'm complaining and... Half way through my sentence the phone cuts out. The time is 19.58 and her office closes at 20.00...

 

Try to call back, she's gone for the day and will call me tomorrow. 

 

So so so poor. 

 

Pierre

 

Oh and she confirmed it can take up to 10 days for them to refund me due to the amount. 

 

I am really unsure on where I stand and not sure I have it in me for the fight. Can someone please clarify on these points? 

 

1. They keep asking if I've spoken to PayPal. Am I required to do so? I want my money back so I can repay the loan my wife took out. From there it is up to PayPal to prove I owe them money. 

 

2. Is my reason for requesting the DDI - the payments were not authorised and were made in error - sufficient? Am I required to elaborate or investigate any further? 

 

3. Can they really take up to 10 days to process this claim? Or are they giving PayPal the 9 days to counter claim? Are PayPal likely to counter claim for less than £4k?

 

Thanks everyone so far. 

 

Pierre

 

 

Edited by Pierre GA
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Thanks dx that's a good plan. 

 

Will speak to the manager tomorrow and report back. 

 

I do wonder what would have happened if I hadn't called and they made those claims against visa transactions. Farcical situation! 

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Good advice thanks very much. Are there any guidelines on how long they should take to send said transcript? I was quoted 28 days on an information request today... 

 

I have just sent two secure messages to NW.

 

The first was to state that they did not follow my instructions from this morning when I cancelled the DD authority held with PayPal, as they allowed PP to reinstate this mere hours later. I gave them formal notice that PP have no authority to take DDs from my account and so I will seek reimbursement from NW should they allow any in the future. 

 

The second was a formal request for them to re-credit my account for all DDs taken by PayPal in the given time period, in accordance with the DD mandate. Reason being that I did not give PayPal the authority nor instruction to take those payments by DD

 

Will relay this to the manager tomorrow and ask for a transcript so I can complain to the FOS if this is not sorted by end of play. 

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  • 2 weeks later...

@fkofilee thanks so much for that advice. I contacted Joe Garner on Sunday last week and got a response from senior resolution the next morning.

 

Still not heard anything since but tbh I've been so busy and pretty comfortable that, if they cock it up from here, they have impinged on my rights for the third time and I have a case against them now. 

 

You know what, I didn't get a single message from PayPal telling me what they were going to take and when. An email with each transaction, which didn't even distinguish between Visa and DD, but nothing to say oh BTW were taking £1.7k in three days. 

 

I can't be in the minority here, they are a disgrace. I've just talked myself into chasing NW tomorrow assuming the team is staffed at the weekend. 

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