Jump to content


  • Tweets

  • Posts

    • I've just seen your new post. A letter before action is the same as a letter of claim. You don't need a template. You simply need to inform the garage that the vehicle you bought has developed X defect, Y defect, Z defect. He has already been informed of them and given an opportunity to repair and he has either refused the chance to repair or else he has attempted the repair and it has failed – whichever is the case and so under the consumer rights act you are asserting your right to reject the vehicle and you want him to make the appropriate arrangements to collect the vehicle and to refund you the purchase price – plus any associated losses – and if he does not do so within 14 days then you will sue him in the County Court and without any further notice. Don't make this threat if you're not serious about going ahead with it. On day 15 issue the papers. In the intervening 14 days register with money claim and start preparing your particulars of claim. You can post them here if you want us to check them. Whatever you do, on day 15 you send them the good news
    • Well done Shelley. I'll amend your thread title.   HB
    • I'm afraid that your story is rather overlong. It would have been easier to understand it all if there had been less of a narrative and more of a bullet pointed chronology of facts. Although you informed the dealer within 30 days that there was a problem, the Consumer Rights Act requires that there be a clear and unambiguous assertion of your short-term right to reject the vehicle. It doesn't appear to me that you have done this. This isn't a problem at all because you are still well within six months. I understand that you have given them an opportunity to repair and that you have now rejected the vehicle. This is enough to trigger your rights under the Consumer Rights Act as long as the defects which you are complaining about are sufficient to render the vehicle as less than satisfactory quality. As I say, I haven't read through the detail of your story and I certainly haven't looked at all of the PDFs that you have apparently uploaded but I get the impression that you have been quite meticulous in keeping records. I've looked at the Google reviews of Elite and I have to say it doesn't bode very well. https://www.google.com/search?q=Elite+Preowned+Vehicles&rlz=1C1CHBF_en-GBGB822GB822&oq=Elite+Preowned+Vehicles&aqs=chrome..69i57j0l2j69i60j69i61l2.575j0j7&sourceid=chrome&ie=UTF-8#lrd=0x47d8aa4f43f644d7:0x8e93221101489523,1,,,  There is no trust pilot page for them as yet. Maybe you would like to attend to that. You say that the dealer is fond of using social media so that kind of thing is important. Site team member@dx100uk has already suggested that you issue a letter of claim and that certainly seems the way to go although if you are driven to actually mount a claim and presented in court that I hope you won't mind me suggesting that you need to stop being a little bit more economical about the way you present your case. Just in case there is any debate over the defects which have been discovered and their significance then if you haven't done this already, you should make sure that you have got assessments and even quotations for the work from independent garages.
    • Hello dx100uk. Thanks for your attention and help with this. You had an even later night than me! I clicked on the 'letter before action' link which you kindly gave me. This took me to BankFodder's post 'Small Claims actions in the County Court FAQ - work in progress' which I have read through and also the 'Pre-Action Protocol' and 'Letter of Claim' links. I couldn't find reference to a Letter Before Action or is this the same as a Letter Of Claim? Also, my rejection letter already mentioned a 14 day period (taking us to 05/08/2019) for him to get back to me. Is it ok to send a Letter Before Action now? I only ask as I wouldn't want this to be viewed dimly by the court if it goes that far. I do understand that I need to take action as soon as possible so these are just a few clarification questions. I shall google for some Letter Before Action Templates and put something together. Thanks again.
  • Our picks

MrAnon117

negative balance in my paypal

Recommended Posts

After asking halifax to cancel the CPA theyve basically told me they can't do it, so I've asked to 'escalate' the issue and also will be writing a letter.

Share this post


Link to post
Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Posted (edited)

I wonder why their support agent didnt seem to think so... I asked them to escalate my issue so we will see.. maybe its because I couldnt provide a specific transaction/transaction date? Anyway I am sending a letter so hopefully that will work.

 

This is what I am writing:

 

 

Dear Sirs,

 

Account no: XXXXXXXX

Card no: XXXX XXXX XXXX XXXX

 

Please act upon the following instruction with immediate effect:

 

I withdraw my authority for all future payments to be debited from the above account/card number by PayPal, including continuous payment authorities (the Payment Services Regulations 2009 apply).

 

FCA regulation states that “you do have the right to cancel directly with your card issuer. Once you have done this, it must stop payments immediately – it cannot insist that you agree this with the company taking the payment first.”

 

Please confirm in writing that you have received and actioned this instruction.

 

Yours faithfully,

 

XXX XXX

Edited by MrAnon117

Share this post


Link to post
Share on other sites

Ok so after chatting with Halifax again they have said that:

 

'as the link to my paypal account is for purchases made, this is not an instance of a recurring transaction as each of the transactions are processed on an individual basis with a unique reference for each purchase'. 

 

Does this mean I don't have a CPA with paypal? 

Share this post


Link to post
Share on other sites

I would simply now write and state they are not to honour any payments demands in whatever format to Paypal or ebay from the date of this letter.

 

dx

 

  • Like 1

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Ok, I will be doing that. Thank you. 

Share this post


Link to post
Share on other sites
Posted (edited)

ok, this is the updated letter that I wrote and sent today:

Quote

 

6/25/2019

 

 

Dear Sirs,

 

Account no: XXXXXXXX

Card no: XXXXXXXXXXXXXXXX

 

Please act upon the following instruction with immediate effect:

 

I withdraw my authority for and request that you do not honour any and all future payments and payment demands to be debited from the above account/card number by PayPal and/or Ebay, including continuous payment authorities (the Payment Services Regulations 2009 apply) following the date of this letter.

 

FCA regulation states that “you do have the right to cancel directly with your card issuer. Once you have done this, it must stop payments immediately – it cannot insist that you agree this with the company taking the payment first.”

 

Any charge or attempt at charging me from either of these companies is unauthorized. 

 

Please confirm in writing that you have received and actioned this instruction. By the time you receive this letter I will have moved address, so for any correspondence please check and confirm the current address held in the system for my account, as it will have changed from what it is today.

 

Yours faithfully,

 

XXXX XXXX

Seeing as my bank specifically told me that I DONT have a CPA with paypal, does this mean that cancelling my card would effectively stop them from charging me via it? as my direct debit is already cancelled, my card details are the only thing they still have, and if there is no CPA I assume that means they can't charge me if the card is now replaced. 

 

Is there anything else I should do at this point?

Edited by MrAnon117

Share this post


Link to post
Share on other sites

I wouldn't trust the phone operator to know what they are talking about, many are untrained and simply follow on screen scripts.

the 1st sentence of your letter is somewhat confusing.

KISS

You are hereby instructed not to honour any payments demands in whatever format to Paypal or ebay from the date of this letter.


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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Ok, sent another letter with your exact phrasing.

Share this post


Link to post
Share on other sites

I just tried to report this to ebay and they said to tell local police, and theres nothing they can do.

was this the outcome you would expect?

i honestly feel its very unlikely the police will be able to actually help..

 

read some scary stories about debt collectors contacting family members, is this likely to happen to me? 

 

 

Share this post


Link to post
Share on other sites

so what!!

not for ebay crap

stop reading rubbish and wise up.

a dca is not a bailiff and has zero legal powers on any debt.

 

as for ebay

what did you expect.

they don't care.

 

WRITE a letter to the registered UK HQ

forget about it all.

 


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

spreadsheets 

 

Share this post


Link to post
Share on other sites

To the ebay HQ you mean? What should I say, just tell them how I have been scammed? I thought they didnt care about that

 

sorry if Im misunderstanding you here

Share this post


Link to post
Share on other sites

my post 9

there is a UK HQ.

 

dx

 


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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Ok thanks will do. What is meant to happen as a result of me sending this? 

Share this post


Link to post
Share on other sites

nothing.in all reality its pointless to you...

but the information you supply might well help them realise certain parties should be banned from the platforms and not let others get sc@mmed


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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Ah I see, thanks for clarifying. hoping this will all blow over eventually (after months of letters and phone calls I imagine) i just dont want family being hassled 

Share this post


Link to post
Share on other sites

as I said I don't know why you think its anything to do with your family.


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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Ok, one more thing - does the fact I opened the paypal when I was under 18 (although obviously older now) mean I might not be liable for any of it? or is that irrelevant? 

Share this post


Link to post
Share on other sites

if the debt was ever enforceable in the uk it might play a part

but as its not . no 


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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...