Ebay fees and Intrum Jusititia non compliance of CCA

[fluffycloud]

Hi all

 

Well I have just put the phone down yet again on Intrum Justitia DCAs who are chasing a £302.14 debt for Ebay fees, I was originally paying £20.15 until I read on here without the CCA it is possibly an unenforceable debt etc, I have sent numerous requests, LBAs etc and just get the same standard letter back saying they are sending Debt Collectors to my home to recover the debt, I speak to them daily (I have sent a stop harrassing me by phone letter but they ignored that too) and say the same thing to them to reply to my letters..... HELP! What should I do?

[grobbo24]

I don't think Ebay fees will be covered by a CCA as they are not a form of credit, but fees for listing items for sale on it's website.

 

Someone with more knowledge may be along soon to offer some advice for this type of situation.

[fluffycloud]

Thank you, I am not sure either, I did however quote the Consumer Credit Act etc on the phone and the guy said ' I dont know anything about that act' so just shows their intelligence levels! As a law student I also told him I know my rights blah blah and he hung up!

[fluffycloud]

SUCCESS!!

 

Received a letter today off Intrum justitia saying that as they have not got the original signed agreement they had closed my file and passed it back to Ebay!! £1 refunded too!

[moneydragon]

SUCCESS!!

 

Received a letter today off Intrum justitia saying that as they have not got the original signed agreement they had closed my file and passed it back to Ebay!! £1 refunded too!

 

Hi

Dont want to burst your bubble but, I too received a letter (last week) from these as they did not comply with with my cca request and have passed my account back to Nat West.

 

Only today to receive my £1 back in one envelope and a request from Intrum for full payment in another! so much for "you will receive no furtheer calls or correspondence from Intrum Justita in relation to this account"

 

[diskmandave]

Only today to receive my £1 back in one envelope and a request from Intrum for full payment in another! so much for "you will receive no furtheer calls or correspondence from Intrum Justita in relation to this account"

 

It's a strong possibility that these have just crossed in the post. The threats are automated, the return of £1 isn't, so it's still possible you won't here from them again.

 

Regards, Dave.

[fluffycloud]

Thanks! Well so far so good, its been almost a fortnight since their last phone call and no more letters/demands in the post!

[frustratedgirl29]

does anyone have a contact number for ebay? they have sent me numerous emails stating that i have an amount of £35 outstanding on my account that needs to be paid...this has now been passed on to a collections agency and i do not owe them any money! i have only ever tried to sell 1 item on ebay, someone put in a false bid, ebay closed the auction down due to this and sent me an email saying i would obviously not be charged for this. I since closed my ebay account down as it was too much hassle and i have no idea where this amount of £35 comes from! Everytime i email them to try and find out i get an automated response which gets me nowhere! HELP!

[fluffycloud]

does anyone have a contact number for ebay? they have sent me numerous emails stating that i have an amount of £35 outstanding on my account that needs to be paid...this has now been passed on to a collections agency and i do not owe them any money! i have only ever tried to sell 1 item on ebay, someone put in a false bid, ebay closed the auction down due to this and sent me an email saying i would obviously not be charged for this. I since closed my ebay account down as it was too much hassle and i have no idea where this amount of £35 comes from! Everytime i email them to try and find out i get an automated response which gets me nowhere! HELP!

 

I was in exactly the same position, someone else hacked into my ebay seller account and then I felt pressured into paying as nobody would listen at ebay, paypal and then Intrum Justitia (Debt collectors) so in the end after daily calls, letters etc, I sent a CCA request to Ebay and I.J, then received a letter saying they had passed the account back to ebay, to date its been wiped off!!

[frustratedgirl29]

sorry to sound stupid but what is a CCA request?

[fluffycloud]

Its a Consumer Credit Act Agreement request... loads of nice people on here are more knowledgeable than me on this but honestly it worked.. basically means that for a debt to be enforceable, the creditors have to prove that there was an agreement executed under the terms of the Consumer Credit Act. In short, many many credit card/banks/catalogue shopping institutions either do not get you sign one when you start trading with them/open and account and if they do they rarely keep a signed copy of such a document, therefore the debt is unenforceable! If I get a mo in the morning, I will look for a link to a template letter for you.. In the meantime I will copy and paste one that I used (which I got off this site). My laptop battery is dying so bear with me!

[fluffycloud]

sorry to sound stupid but what is a CCA request?

 

This is the letter I sent when I didnt get a reply to my original letter (this is usual and its normally the second letter that gets the results.. this is a NON COMPLIANCE letter)

 

Dear Sir/Madam

 

Ref: (Account number goes in here)

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

 

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

 

I require the following action from {debt agency name} :

 

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

Yours faithfully

HOPE THIS HELPS.... The first CCA request letter is on my office pc which I cant get to till next week so hope this helps for now unless someone else comes along and offers a template!!

p.s if I have been even a little bit helpful can you 'click' my scales to add to my reputation!!;-)

[Opalie]

I might well go after these folks, they are incredibly rude. I don't owe much to be honest...but their attitude makes me not want to pay.

 

Everytime I try and ask them something they put the phone down on me.

 

I offered to set up a repayment and they said no, and slamed the phone down...damm rude people.

 

So time to take them down I think

 

Respect costs nothing.

 

Disrespect cost them income!!

 

Op's

[noomill060]

hello to our guest.

[NitrousOxide]

hello to our guest.

????

Is it a MIB?

 

Anyway, I very much doubt Ebay is covered by the CCA.

Although this does not stop you having some sort of contract. Mobile phones for instance, you can still ask to see the original contract as thats the core of the agreement but it's not covered by the CCA.

When T-Mobile sent my debt to Intrum I just sent a letter asking for the contract, I also sent one to T-Mobile. They did actually send me it and I was able to reduce the settlement. This would have also been the base of any court action they would have started.

[Dispirited]

There's no CCA for eBay. You just register online with your personal details and away you go. They have 11 million UK customers alone.

 

There is a fantastic 'Community' section on eBay where you can get expert help and guidance if you're having problems.

 

eBay: Community: Answer Centre

 

Try the 'Paying eBay Fees' section.

[noomill060]

Good grief, dont send them there- Ive just put a link to this thread as an example of where to find proper advice from people who have some idea what they are talking about.

 

Ebay seems full of people who are unaware of their consumer rights, no idea how to to enforce them and have been brainwashed into believing that Ebay/Paypal are the Law.

 

eBay Forums: PayPal have completely screwed me ...

[Dispirited]

Lol, the 'experts' are all ebay users, absolutely no staff involved. They all give their time voluntarily to help people and give advice on how to sort their account problems etc. I've used eBay for 4 years and only encountered one problem in that time from a non-paying bidder. But, I don't use PayPal for UK, cheques only.

[noomill060]

Yes, Ebay is great most of the time, not as good for tat as it used to be though.

 

There is actually a Paypal rep called Kim who does keep an eye of the "Postage and Payments" forum.

 

eBay Forums: Payments & Postage Board

[Dispirited]

Can't understand why he's on the payments/postage board, I'd be at the police station and then the newspapers!

[noomill060]

He's not getting good advice- with a bit of luck he'll turn up here soon.

[Opalie]

Well sent off a CCA, haven't heard anything.

 

Reminder being sent next week to them.

 

It's for about £45 , so not a huge amount.

 

Op's