Hi, Robinson Way just dont give up! They're chasing me for a debt which was settled approx 2 months ago. Paypal issued a chargeback against me but I fought it & won so they reversed it...I now have a 0.02p credit balance with them..Hehe! So I've just read the very interesting thread...OFT Debt Collection Guidance by BankFodder, Robinsons are actually breaking section 2.6,h...which states ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment. I'm currently waiting for them to call back for the 3rd time this evening as my eldest son has told them I'm unavailable. They obviously don't keep notes because I have to go through the whole story time & time again. What are my legal rights to get them to stop. I have emailed & telephoned Paypal numerous times to instruct them to advise Robinsons that the matter has been resolved and to get Robinsons off my back. Even though I have told Robinsons this, they wont take my word for it, they tell me to get in touch with Paypal again...I'm so sick of it. Any advice?

Thank you, its certainly taken a 'load off' as far as i'm concerned! I've Pm'd a mod to move the post to the success', will I need to write to the court to let them know its been settled?...and what about SC&M? do I just leave it now.

OMG!!! We've Won! :-D £4,233.00 The thing is, (this is not my a/c, I was helping a close friend), My friend received an Acknowledgement of Service letter on Fri 13th July. The court date stamp is Fri 6th July with intention to defend. On Tues 17th July received letter from SC&M dated Fri 6th July explaining that they will be defending Lloyds on the grounds of account mis-use. Yesterday, my friend received another letter from SC&M also dated Fri 6th July marked, Underlined & in Bold " Strictly Without Prejudice".... warning us not to show this letter or reproduce it in any way that may compromise when entering sttlement negotiotions. It goes on to explain in 5 seperate points that they intend to defend, Explanation of breach of contract etc etc. the last point states "your claim for repayment of these fees is therefore misconceived". It goes on to say that LLoyds & other major banks are currently discussing the legal basis for these charges with OFT. Over the page it goes on to say the bank is, without prejudice to the position set out above, willing to pay you £4102.21 you are claiming as bank charges, interest of £10.79 plus the court fee £120.00 in full & final settlement... This will be paid on the following basis: It then gives you 7 terms. The closing stating of this letter states: If you are willing to settle on this basis, please sign a copy of this letter as confirmation that you are bound by its terms, and return to us asap. We ask you to reply within 10 days from the date of this letter(dated 6th july) as the bank will need to file it's defence if settlement terms cannot be agreed before then. Inerestingly, all three letters were dated Fri 6th July, so how can SC&M send one with intention to defend & another on the same day offering a full & final settlement!!!! What has really annoyed my friend is that she had an OD £1400 & had agreed with LLoyds that she would repay this back @ £140 per month(without interest). On the 17th July the above amount, £4233.00 has been deposited, clearing her O/D. But surely this is not right as she has only just received the offer, hasn't signed anything & as SC&M clearly states on the terms they set out that they will need to file a defence if they don't receive the signed letter from my friend? She didnt reply to them 'cos she didnt receive the letter 'til 13 days later. She is elated that they've paid up, but says its very underhand the way they have done this. As she hasn't signed this letter, she has not agreed to anything so they shouldn't have done this. She is not legally bound by their terms in the letter, and she plans to claims for further charges that were added after she filed this claim, can she still do this? What do we do now? (apart from celebrate!!) Can she start another claim even though it states not to in the offer letter? (I'm just glad its all over! I won't tell her that, she'll feel guilty!) Also how do you move this thread to success'

Ha Ha! Got the acknowledgement through the post this morning with intention to defend whole amount...was hoping it was going to be plain sailing. Never mind.

Ok Thanks.

Ok, thanks. also since the notice of issue LLoyds have charged £105.00 since, can I add this to the original claim?

Hello all, I have had my Notice of issue through the post & it has given Lloyds until 13th (which is today) to reply.....which they haven't. Am I right in thinking the next step is to file a Judgement default against them? With it being the week-end can I leave it til Monday now. I would rather hand it in to the court personally or should I post it asap?

thank you. going off to reprint more copies

In Paticulars of claim section 5 c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest] the [Amount]...is this the charges amount or the interest amount? I've already printed if off but after reading it back it doesn't make sense to me. I've put the charges amount. then the daily rate in the last part.

Thanks Barty, in that case I'll just stick to the statutory 8%.

Just one more question about the above interset, I've calculated it to be £0.90 per day, But on the form: Charges £xxx.xx (This I know) Overdraft Interest £xxx.xx(This I know) Interest under s.69 County Courts Act 1984 £xxx.xx confused about this figure Court Fee £xx.xx (This I know) Sorry....:o

Thank you....will get on with it.

So am I right in thinking the (charges + the interest already calculated at the 8%)x the daily rate?

Help please! On the N1 form, value section, what do I put for the Interest Persuant to S69 County Courts Act 1984. at £xxxx per day. I have calculated the 8% yearly amount, so I haven't got a clue what the daily charge would be. How do I calculate that?

Yahoooooo!!! Just wanted to let you all know, Paypal have just sent me an email stating: "We are pleased to inform you that we have successfully disputed chargeback case no.PP********. The buyer's card issuer has decided in your favour and within seven days you will receive reimbursement for 520.00 GBP. It is PayPal's standard practice to dispute wrongful chargebacks. One of the benefits of using PayPal is that our team of chargeback specialists will gather the necessary information from you and work with the credit card company until the chargeback is resolved. We appreciate your prompt response to our request for information about this transaction." Thanks to everyone who took the time to read my thread & post replies. I'm so so happy now!!! :-D

Just a quick update, I've had an email from Paypal regarding their changes, and apparently they are still currently regulated by the FSA, the change will take place on 2nd July. And in response to Skbuncks post, I am 'UK verified' but ineligible for SPP?? Can't understand why. Anyway just drafted up a letter of complaint to Paypal complaints dept in Surrey. Trading standards have said they'll look into this for me but no promises! In the meantime they've suggested I force PP into a corner by refusing to make any paymnts, & to make them take me to court, & with the evidence I have already, I would have a case for defence. I'm not so sure, sounds a bit daunting to me...What if I lost:(

Thank your Barty. These links are very helpful.

Yes I do. As for my particular case then, I was previously advised to complain to the FSA, but if what you say is true then they won't be of any help. I've yet to hear from Trading standards & police, my case has only been recently passed to them from Consumer Direct. I can't see that they will be of any help either, because of Paypal not being registered in the UK.

Hi, have already sent the LBA but I did include a list of charges and that did include the calculated interest but is was listed in a separate column. shouldn't I have done that? Going back to the letter, we've not heard a sausage from them & it has gone over the 14 days. So I proceed to start the court claim, right?

Have I just shot myself in the foot? I was just reading up on your guidance notes to check what step to take next and I downloaded the templates from http://www.moneysaving expert.com where I 1st heard of these claims. The templates there are worded differently to CAG's, does this make a difference? Please help. The more I read the more my brain freezes!....oh so confused & nervous now.

Thanks for your response, I am now realising the more posts I read that it doesn't make an ounce of difference whether you're verified or not, sent out items secure delivery etc, Paypal make their own rules, they don't stick to t & c's, they get around every scenario possible. I read on a post recently that a seller had even got a tracking no, the buyers excuse...was out of the country, someone else must have signed!! Paypal favoured the buyer, the seller lost out again. Their T & C's are not worth the paper they are written on, so what hope does anyone have at all? Lesson learnt? definately, never to use Paypal again and as for the money they're are trying to recover from me?....swivel!!!

Hi all, I'm helping my friend claim her charges back from LLoyds...just over £4000..Phew! My question is, I have followed the steps so far (I think!), and yes, Lloyds have been very slow to respond, but what is frustrating for me is there is no urgency with my friend! Bless her. Will it affect her claim if she dragging her feet. I can start the MCOL at anytime as this is her next step but I need her here for the initial payment and registration details. Just to clarify, 1.have got all statements, 2.have list of charges calculated, 3.sent a letter to request the refund, got a letter back from Lloyds declining stating their normal 'get lost' response. Is it now time to proceed with MCOL? Is this this correct

Hi all, just wanted a few thoughts of how to tackle this. Sold an item on ebay, £520.00, buyer paid by Paypal. Buyer collected...yes I know I shouldn't have let him collect...I've been told numerous times before!! In the seller guidance notes it states 'post to Confirmed address', he was unconfirmed! and to top it all when I tried to contact him by phone the line was dead...He had only just registered 2 days before he won the bid. As I was concerned I called paypal to ask what I should because a) no confirmed address & tel no. and b) if he collects the goods & something went wrong with the paypal transaction where would I stand? I was advised my money is 100% guaranteed & should anything happen regarding the recent transaction i.e decline/payment returned etc Paypal would chase the buyer not me for the money. 2 months later exactly that happened, he claimed a chargeback against me..reason - he didnt authorise the payment. I have complied with everything paypal have asked me to do, yet they still favoured with the buyer & have refunded his credit card....Poo! As this, in my opinion, is theft against me I reported to both the police & Trading standards. My arguments are: 1. I didnt post because the address & tel no were Unconfirmed!! when it clearly states post to Confirmed address! 2. I was acting on advice given to me by the advisor at Paypal..Who am I to argue with, who I thought was knowledgable of Paypal's policies. 3. Why consider even backing this fraudster when he started the claim against me exactly 2 months after to the day! Isnt that suspect? You would notice fraudulent use of your own credit card as soon as you get your next statement surely? Or Am i being a naive Dumb Dumb!! As i've already reported this as a criminal offence, should I take the fraudster to court to either get back the goods or the value to be put back into my account, or, if its possible to take Paypal to court for wrong info given initially. I work in a call centre where financial transaction take place & I know it IS possible to trace a call. Although I dont have the advisor's name I do have a date and a time window of 2 hours. Which route do you think I should take, I'm not going to take this lying down , I'm going to fight it all the way but not sure how. In the meantime Paypal have now got Robinson Way after me...dirty tactics or what!

Thanx glav, Yes I searched the forums & drafted a non-compliance template letter. I shall send that off. happyandbroke....thats me!

Hi all, I'm doing this on behalf of my boyfriend. He had paid his cred card in full back in 2003, but had a small bal of £4.00 interst added after he had paid it so he refused to pay on principal. I have sent a chq paymt £10 requesting copy statements to A&L, but got the reply from MBNA!! And part of what they sent is not legibal. 2001-2003 are copies of his statements, but from 2003-now (which is why the debt has occurred) is a spreadsheet which includes a/c no, date, type of charge & amount of charge. There is no balance & it doesn't include the large paymt of £1,500 that he made to settle in full. So I am concerned that if this goes to court we have no evidence that he had paid it in full & the balance that he has got now(over £500) is all late fees & interest. Do I need to seek help from the Information Commissioner? or do I send another letter asking for the statements again and where do I send it to? Funnily enough this has now gone to a debt agency, GVI, which when I sent a letter to them explaining that I was reclaiming the charges back, that letter got sent back to my boyfriend marked "not known at this address", & it was the same address as MBNA!!