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    • whitelist - the same with mine....the battery had a mind of its own. i bought it for my Son...he'd shut it down and it would be completely off but the power light would either stay on or flash...also it wouldnt start properly, had cmos errors on boot and other stuff.   i bought it through HP store on ebay ..brand new. after 6 days of receipt i recieced an email from HP asking if i was happy...i returned an email saying no and that i want to send it back as it was faulty (basically the email served as a reminder for me to leave them good feedback lol...not as a geniune enquiry to actually make sure i was happy with as they didnt reolve the issue when i was not) after trying to sort it for a couple of months with HP not replying, not offering a solution etc i finally got passed tech support who confirmed it was faulty. i then had to return it to their factory. this is where its gets beyond worse...waited 3 times for parcelforce to collect - they didnt. in the end HP sent me a label which i had to take to the post office - not good as im disabled with a mobility disability. then they asked for my bank account number to issue the refund. they hardly ever replied to my emails and it took over a month and a half to refund me once they had received the laptop back. no explanation, no progress emails, no updates. i kept emailing them on a daily basis as no one would reply to my emails through the website, forum, internal email addresses and even phoned 3 different departments who basically had no idea what to do or what was going on and did not help...they couldnt even tell me when the refund would be issued, let alone why it hadnt been done already. on the forums theres other customers who've had to wait 6 weeks , 2 months , over 2 months etc...it seems as though HP like to with hold peoples money to earn interest on the money in their account. i spents days phoning and emailing them - even sent a recorded letter. at the begining i phoned citizens advice and they said i am entitled to put back into the same financial position as before i lost the out of pocket expenses ie: compensation for my time and recorded letter sent etc. ive started a martin lewis 'resolver' case with them and basically in a snotty reply they told me im not entitled to compensation which is contradictory to what citizens advice told me. i was just wondering if theres any .gov website or law/legislation that i could reply with and say "no your wrong - please compensate me"
    • LBC is here. Complete with a note showing a phantom payment. What to do next?
    • I suppose it doesn't make a massive amount of difference as Kev has never had the guts to do court - well at least not yet - but to me the number of cards played still needs to be reduced.  Given the OP has already referred to the "very busy and overflowing car park" in the appeal I'd refer to that and tell Kev to go and look up case no.3JD08399.
    • thanks ftmdave again for the help with letter. thanks lookinforinfo for the info, im glad i found this forum as its a great comfort and relief to know ive dont the right thing as i wasnt too sure at first. and good to know what excel are really like.   thanks guys.
    • Hello!  First timer on here, discovered this amazing site and threads on debt issues only yesterday. After never having a bad debt in my life, almost 2.5 years ago I was scammed by my now-ex partner who calculatingly manipulated me into taking out a bounceback loan, 2 personal loans and a credit card.  He took all the money via ruthless deception, every penny, as well as the car (bought with unsecured personal loan) and all my furniture, personal belongings and even most of my clothes as well.  I'd packed up my life to move to another part of the country with him, only to discover he'd scammed me and been clever about it, so he directed the removal truck to a location unknown to me (never saw my stuff again!), and car is registered into someone else's name.  All this happened abroad.  I have won a criminal case against him abroad and he has been given a custodial sentence (which he is appealing while on bail), but it is difficult to get financial reparation so I am left with over £40k of debt to my name in the UK.    I am in my mid-50s, and have no assets whatsoever, I still live abroad (renting) and cannot afford to return to live in the UK due to the debts and decreasing income. It's been devastating and I've been struggling enormously since it happened (Jan 2022).  I have been suicidal at times. I was making combined loan/cc payments of £1300 monthly for over two years, but I'm self-employed (sole trader) and my UK-based small business has suffered 70% loss of income since Oct 2023 due to changes affecting government funding for the market I provide services to.  My income is commission-based, and has reduced to an average of £1200 per month. As I currently live abroad (outside EEU), I am not resident in the UK for tax purposes and haven't been for more than 3 years (my work is done remotely outside the UK, even though my clients are in the UK and payment is received into my UK bank account).  That means I am not entitled to an IVA or bankruptcy options.  My only option in terms of a debt repayment solution is a DMP. I maintain a UK correspondence address (my mother's home) and use this for my bank account, loans, credit cards etc.  I have only informed HSBC (bank acc) and one loan company that I moved abroad and that the UK address is only a correspondence address (been scared of potential consequences of informing them, even though I don't know what they could be or if there would be any). My worst fear is being taken to court, bankruptcy, etc, and my bank account and income being controlled and all surplus income above basic needs being taken etc, when I literally have almost nothing in life at this stage and desperately want to try to rebuild my life somehow and have some normality again.  Perhaps even move back to the UK if I can afford to. I've contacted all my creditors except cc (it's an HSBC card so am concerned it would affect my bank account with them.  I also bank abroad with HSBC and have global-linked accounts with them).  All interest has been stopped on my loans since April (period of 4 months on two loans, 6 months on bounceback loan with Pay As You Grow option agreed).  Continued so far to pay at least minimum payment on HSBC credit card.  I spoke to PayPlan yesterday and they've worked out a DMP paying £289.50 per month for 11 yrs 7 months, with annual reviews - not signed up to it yet, and concerned about customer reviews I've read about them demanding double payments a year or so down the line and not making payments to the creditors for long periods, etc.  Frightens the life out of me trusting them with the limited money I have - I don't want to go out of the frying pan into the fire in terms of stress that could last years, going by some of the horror story reviews. Considering the DIY DMP option, dealing directly with my creditors myself.  But not even sure going down the DMP route is the best option.  What do I gain from doing that? Sounds like I will still end up with an arrears or even a default record on my credit file even with a DMP, and I will be paying money I really need to help me get my life back on track, especially as I don't even have a full state pension entitlement - would be better used to pay missing years into that, surely, if I do have some surplus?  Either way, with or without a DMP, I won't be able to borrow so how would a bad credit score affect me anyway?  Seems like it could be best to allow them to go to default in the hope that it can all be SB-ed after 6 years. At this early stage, I know I will benefit from advice here about what route to go down and pros & cons/risks etc of: a) DMP with PayPlan b) DIY DMP c) Going down the default route in hope of debts being sold to DCA and not paying anything further with result that it is all SB-ed after 6 years. Struggling to pay off the loans for the next 11 years @ £289.50 seems daunting and such a long time, when I really need every penny to restart my life, regain some dignity, restore my mental health etc... I hope someone here help me make the right decision at this point, before I've committed to anything or have paid lots of money for years with little dent into the loans.... Details : HSBC Bounceback Loan (unsecured):  taken Dec 2021, original amount £9000, 2.5%.  Currently owe £4950.  Monthly payment:  £159.  Not missed any payments, but agreed PAYG option in April - full holiday for 6 mths, restart payments at £73.00 in October, term extended to 2030. TSB personal Loan (unsecured) - taken Aug 2021, original amount £23,000, 9.2%.  Monthly payment £475.  Currently owe £14,550.  Missed 2 payments. Interest stopped since April, no payments offered or made.  Situation to be reviewed prior to default - which will be after 4 missed payments). Sainsburys personal Loan (unsecured) - taken Jan 2022, original amount £25,000, 8.6%.  Monthly payment £514.  Currently owe £14000.  Missed 2 payments.  Interest stopped since April, made 1 payment of £50.00 on 7 May (offered to pay £50/month until situation reviewed prior to default - which will be after 4 missed payments). HSBC credit card APR 18.9% - £6900 currently owing, continuing to pay at least minimum payment (£180/month), not contacted them so far. Applied for Starling bank account, as advised by PayPlan to have a separate a/c from my HSBC one as they would have the right to take money from my account to pay off my HSBC cc debt if I stopped paying that. Sorry this is so long and a big thank you for reading down to the end!  I hope the detail helps with advising me on best course of action and possible/likely consequences.      
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Ebay fees and Intrum Jusititia non compliance of CCA


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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?

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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.

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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!

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  • 3 weeks later...
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"

 

:rolleyes:

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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" :rolleyes:

 

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.

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  • 3 weeks later...

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!

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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!!

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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!

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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!!;-)

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  • 1 month later...

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

CASES:

 

HALIFAX

07/09/2007 - S.A.R SENT

18/09/2007 - statements received.

Waiting for money to do N1

CAPITAL ONE

WON - Fees, purchase interest, court costs and Stat.

VANQUIS BANK

07/09/2007 - S.A.R SENT

18/09/2007 - C.C.A SENT

I hate this company

LLOYDS TSB BANK (SISTER)

20/09/2007 - statements received

22/11/2007 - N1 filed

Lloyds TSB CREDITCARD (SISTER)

18/09/2007 - C.C.A SENT

20/09/2007 - statements received

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hello to our guest. :D
????

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.

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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.

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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 ...

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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.

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  • 3 weeks later...

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

CASES:

 

HALIFAX

07/09/2007 - S.A.R SENT

18/09/2007 - statements received.

Waiting for money to do N1

CAPITAL ONE

WON - Fees, purchase interest, court costs and Stat.

VANQUIS BANK

07/09/2007 - S.A.R SENT

18/09/2007 - C.C.A SENT

I hate this company

LLOYDS TSB BANK (SISTER)

20/09/2007 - statements received

22/11/2007 - N1 filed

Lloyds TSB CREDITCARD (SISTER)

18/09/2007 - C.C.A SENT

20/09/2007 - statements received

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