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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
    • I will need to find the original two letters. It wasn’t that long ago so they can’t have gone far 🙄   but nobody remembers this pcn which makes me wonder about the date. I will check. 
    • Electricians generally do a good job and we all need them from time to time.  However, none of us would employ an electrician to change a light bulb, we'd do it ourselves.   The small claims courts is designed to be informal and to discourage the use of solicitors.   What we can't understand is why you are paying a solicitor huge sums to do things you could easily do yourself.
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Returning items to ebay and amazon via Royal mail


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Problem a neighbour is having. 

 

She is returning 2 items 

Item 1 a ladder for pool weight is 7kg. Ebay seller has issued a returns label for 2kg and told her/ebay they wont issue the correct one. Weighed at post office they have refused to accept as Post office has said the postage is under paid. Ebay has told them to issue new label they are refusing so tuck with a ladder she cant get a refund on. 

 

Item 2 

Faulty sd card brought 2 weeks ago. She has posted it back via post office the label option, but it has not got back to Amazon. 

They have said its her problem but they have provided the label. RM have said its down to Amazon to sort as contract is with Amazon as it was issued via there account. Tracking shows nothing since got to main sorting office. Amazon did refund on posting but have now took the money back due to not receiving it. Who is right here.  

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Anyone able to advise. 

 

Ebay has said my neighbour cant have a refund until the ladder is returned but has also said they wont pay for her sending item back at own expense. 

 

Amazon are still insisting its her problem not there's re the SD card. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Is the ladder faulty? If so the seller should cover the return postage.

 

You can use Interparcel or Parcelmonkey and get a courier to send it back then try and get the seller to reimburse you.

 

The SD Card you could claim off Royal Mail as you have the paperwork as they have lost it and not Amazon 

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Yes ladder is faulty it wont stay together needs screwing but why should she when it could be exchanged or refunded. 

 

The seller has said they wont refund any postage as they have issued a label and ebay has said they cant make a seller refund nor will they refund as its seller responsibility To pay return postage. 

 

Amazon royalmail has said she cant claim as she did not pay the postage if she had, rather than use a return label issued by amazon, then it would be different 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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The seller is wrong, the will not be charged for the label until the label is used.

In the return message option. I would put that you have been supplied a 2kg label when the item weighs 7kg and Royal Mail have refused it and you require a label for the right weight or the money to be sent to you to arrange your own courier.  

 

"Tip
If the seller is responsible for return postage, it's important that they cover the costs. If they don't provide a paid method of return postage, or if they don't offer to reimburse you for return postage, let us know by asking eBay to step in." (On their web site).

 

If you speak to eBay's customer service I would point out that the seller must cover the cost as it's not as described.

 

With the SD card if you have proof you sent the card back I would speak to your card provider and see about a doing a chargeback.

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The label was printed off and attached to the original parcel. The sellers on ebay according to a seller l spoke to about a refund myself gets charged a admin fee of £3 for the label. Hence why l speak to the seller and say if l send them back will you refund the postage as then its £3 saved. She has put in the message part that the item weighs 7kg and the incorrect returns label has been issued but is being ignored.

 

She has asked Ebay to step in but all they keep doing is contacting the seller and asking them to issue a label for the correct amount. She got arsey with the last agent asking how many more times they are just going to ask the seller to produce a label as she has been waiting weeks now, its been about 3 weeks now. She contacts ebay every 3 days as the seller is saying no. 

 

The SD card Amazon has acknowledged she sent it back. She has the email and the postage receipt. Just Amazon is saying they have not received it.  She is waiting on a manager call back now and has said if she does not get it by close of business tomorrow, well normal close of business, she will be taking matters further. They guarenteed her a call back. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Sorry the seller is wrong.

 

I have a shop on eBay, the seller would only be charged for the label if it is scanned by the post office and used. He would be charged from eBay £3.05 for the label that he can claim back. The seller has an option to upload his own label that they should of done to cover the right weight.

 

Ebay's customer service agents are a bit hit and miss depending on what time of day you call and what country you call get sent through to. I have found if you speak to an agent in Ireland they are very good and seem to get things sorted.

 

As I said earlier if the seller is being stubborn I would sent the item back via a courier at my expenses then claim it back off them, because if the case goes over a certain time and the items hasn't been sent back eBay will close the case in the sellers favour.

 

 

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It was used. The box was weighted and then put down bottom. Then the lady collected it and then scanned it pointing out the postage is not correct. She then went and put it back threw the window and said she cant take it. 

 

The case is still open atm and everything is noted down on it. The agent has said give them more time. I doubt this will help. 

 

I will talk to them with her tomorrow as its 3 days again and if necessary take them matter further to the ceos office. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Have you put all this in the eBay messaging part of the open case?

 

It does seem that the seller it trying to get the case to time out for the sake of say £10 I would pack the ladder up and send it back via a courier, you would then upload the tracking details and it you will get the refund that you want when it arrives.

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Yes but then £10 out of pocket as she has in writing they will not refund the postage and ebay has said they wont either. The seller has put it in the message ebay has said in chat messages. 

 

Yes everything is in the message on the case. 

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Well I would rather pay the £10 and get the item back so you can get the refund and fight the seller for the £10 later than have the case close and get stuck with a faulty item, and then have to fight other methods of getting my money back.

 

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Well it helps if she can afford to lose £10. When she brought everything for the garden/daughter she was working. Now she is not due to the business being closed as owner is in hospital. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Ok so Kind of win. 

Ebay has sanctioned the seller god know what that means as they cant tell Her. Refund has been authorised and as Seller is not playing ball. 

Amazon. They have admitted they have already issued a refund on the item as it was posted o they are passing it to the returns department. I have given them until the 19th to re refund her or l take the matter further. I have told them that l will go to the press if necessary. I speak to them via chat on her behalf. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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