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    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Actionfraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
    • It'll be something to the effect of:  "I am in receipt of your letter before claim.  I was awaiting a passenger as a licensed cab driver on the Locton estate who subsequently cancelled the pickup after me waiting a while and will fight this in the small claims court if necessary. Plus I have friends who are experts in contractual law and make it their business to defeat these spurious PPC claims.  So issue the claim form or go forth and multiply, up to you"
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Driving without due care and attention


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Good evening, 

 

Today I was rather aggressively pulled over by a traffic officer… his original suspicion was that my vehicle was stolen purely based on it being a fancy car (it wasn’t stolen).

 

After ownership was established the officer accused me of driving without due care and attention, consequently I am now expecting a court summons.

 

The situation is as follows:

I had just taken a turn after a set of traffic lights, the stretch of road in question is two lanes which merge after 100m or so, the merging lane is the left hand lane and the right hand lane carries on forward. The speed limit is 30mph.

I was in the left Lane and passed two slow moving cars, without breaking the speed limit, and merged ahead of them as the lanes connected - next thing I knew i was boxed in by a police car.

 

His series of events is that he witnessed me undertaking two cars, no other factors are in question, and as such I am charged with driving without due care and attention. 
 

My understanding of mergers such as this is that both lanes should be used so cars merge at the point of lane closure. Ordinarily, merging lanes end on the right lane and move into the left, as this road layout is reversed it conflicts the rules of mergers and under/overtaking. I am unsure as to whether the move I made was right or wrong and additionally as to whether this will amount to driving without due care and attention.

 

Any advise is greatly appreciated,
thank you all

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would this not be down to the type of white line marking between the lanes,  be it dashed or solid, regardless to which ends as the primary lane.?

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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My recollection is that generally speaking you only overtake on the left on a one-way street, on a roundabout (which is a one-way street) or where the car you are overtaking is signalling to turn right.

In queueing traffic where the left hand lane is moving less slowly than the right-hand lane.
Not much else.

It seems to me here that you are on the left hand lane and you are being directed by arrows to move into the right-hand lane but that is subject to deferring to traffic which is already on that lane and moving in behind them and not in front of them.

I can imagine that they have charged you with due care and attention because that is generally speaking a much easier thing to prove whereas the more serious offence of dangerous driving they would have to be at least recklessness .
The fact that you were within the speed limit is not relevant.

You have told us that your manoeuvre was intentional so technically speaking that could amount to dangerous driving.

I should go quietly if I were you.

 

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The definition (according to the Road Traffic Act) of careless driving is when "...the way he drives falls below what would be expected of a competent and careful driver." And that's it. Nothing about white lines; nothing about undertaking; nothing about merging. Nothing about anything, in fact.

 

So with that in mind, it is impossible for anybody on here to give you a definitive answer as to whether your driving fell below standard. From your brief description it seems to me you undertook some vehicles and then cut in to merge with those in the outside lane. But that's only my opinion, based on what you have said and it counts for nothing.

 

Since 2013 (IIRC) low level careless driving has been dealt with by way of the offer of a fixed penalty (£100 and 3 points). The police also have the option of offering a course (cost £100 but no points) so you may be offered one of those. If you want to accept neither, or the police think the matter is serious enough to go to court you will have the option to plead not guilty. The police will serve you with the evidence they intend to use to convict you along with a "Single Justice Procedure Notice" (a summons is no longer used). They have six months to take court action and in many areas they take all of that. Careless Driving carries a maximum penalty of an unlimited fine (though in practice it will be income based and limited to around a week's net income) and either between 3 and 9 points or a disqualification.

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Is that your Dash cam footage or a general footage. 

 

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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