Hello, please can anyone help? I had three identical items for sale on ebay. Sold one and posted it off. Got a message saying it had been damaged on the way. I sent a replacement straight away and said once that arrives and is all fine I would arrange for the original damaged item to be collected. I thought that was better than asking for the damaged one to be sent back first. I got a message to say the second item has arrived and is fine. Ever since then I have been messaging asking when would be convenient to collect the damaged item, but no reply. I have written by Signed For post and still no reply. This is now just over two months with sixteen messages and the Signed For letter, all polite just asking if I can arrange collection, and no response. Can anyone suggest how I should pursue this. I have read the buyer cannot keep the original, but am not sure of the best way to pursue this. Thanks very much.

OK, this is what happened... About 18 months ago Crapquest contacted me about an AMEX debt of c.£4800 they had been assigned. Right from the start they were unorganised and aggressive, and would come on very strong then go away for months on end. In October 2007 I received a County Court Summons, and that's when I found the CAG and even more importantly PT2537! The CAG members helped me file a defence, and whilst I won't bore you with the details, Crapquest were very obstructive; they did not send particulars of the claim, didn't arrive in Court for the first hearing etc. It appears by instigating each stage they expect you to give in and pay. So when they didn't show up in Court the Judge made an order that they should, amongst other things, serve me with a copy of the CCA and a notice of assignment. Eventually (late) they sent me a copy of my original AMEX application, called a "60 Second Application" and a statement from a Crapquest member of staff saying that whilst they could not trace the default notice and notice of assignment, it was academic, I owed the money! Clearly, they could not supply the original credit agreement. PT2537 then helped me with my defence and preparation for the hearing. When I arrived at Court, Crapquest had sent a Barrister, who was quite bullish, but poorly prepared. My case was, that under the CCA 1974 Section S127(3) for a consumer credit agreement to be enforceable, it must contain all the Prescribed Terms and that the application form supplied by Crapquest did not. The amendment to the CCA in 2006 doesn't have this requirement, however CANNOT be applied retrospectively. The prescribed terms must include the interest rates, my signature, payment terms and credit limit. The Barrister argued that the monthly statements sent to me had the payment date, interest rate and credit limit on them, and also as I had had the money and I should pay. I just kept firm on the point that no notice of assignment had been produced and no credit agreement. In the Judges summing up, he firstly said the claim should fail as there is no notice of assignment, and whilst Crapquest would not pursue a claim if it had not been assigned to them, it still needs the notice of asisgnment. I am not sure if he would have thrown it out just on this, but went on to say that without the Credit Agreement, and the prescribed terms in it, and as it was clearly in force prior to the CCA 2006 amendments, the claim must fail. He did touch on the moral aspect, but that is not the law. From my point of view remember this: (1) If it is Crapquest, they are so unorganised and as their Barrister said to me afterwards, "it's a numbers game, 9/10 fail". Push them all the way, and ignore their bully boy tactics. (2) If the credit agreement was in place prior to the 2006 CCA amendments, then they must produce it, with the prescribed terms. (3) They must produce a notice of assigment and proof it was served on you. (4) A moral obligation to pay is not the Law, you may feel a bit embarrassed etc, but you are at a Court of Law not a Moral Court and these organisations deal with the law all day long. (5) Get advice timely from this forum before you do anything; no one here is judgemental. The advice I received was 100%! Finally, I would like to thank all the CAG members that gave me advice and in particular PT2537, without his help, I could not have done this - thanks everyone! Peter

Case of Capquest (Amex) v Padders thrown out of court today! I will write up the events over the weekend, but suffice to say without the CAG and in particular PT2537, I would not have stood a chance! If you have an Amex issue or indeed Crapquest on your tail, fear not, compared to them, I felt like a Barrister in Court today! I'll share the Judgement over the weekend when I'll write it up, but in the meantime, thank you CAG and in particular PT2537, your help and support were both non judgemental, but more importantly, priceless!! You'll be astonished how a big organisation can drop the ball so badly. I can't help with the legal stuff, but can share my experience with anyone who wants to contact me. Regards, Padders

Hi Paul, I have heard back from Capquests representatives, HL Legal with a letter dated 11/1/2008 saying: We enclose a copy of our Clients completed Allocation Questionnaire which has today been filed with the Court. We look forward to receiving a copy of your Allocation Questionnaire in due course. The questionnaire shows answers as: A = yes B = no C Part 2 = no D = All of it Applications = no Witnesses = Jo'Okeefe Facts= The terms of a credit agreement and the parties dealings with each other Experts = no Track = small claims track E = 2 hours F = no G = costs so far £350 overall costs = £5000 H first question = no Do you intend to make any applications = no I delivered my Allocation Questionnaire on the 7th with the Draft Order for Directions to the Court (the deadline date) - and sent a copy that day to Capquest. I have never received any information requested from Capquest, can we no push for this or try to impose the Draft Order? Many thanks Peter

Superb, thanks for your help Paul (as ever)! Kind regards Peter

Thanks Paul' I owe you one and hope i'll get the chance to repay you. Kind regards Peter

Will do, thanks again, you really have been so helpful, I am very grateful. Kind regards, Peter

Wow thanks Paul , TT and Shane; I am really grateful to you; i'll upload and enter it online now. Kind regards Peter

Thanks Paul, it really is kind of you. I can file it online, so hopefully that will save time Thanks Peter

No, just the Summons Paul

Thanks Paul

sorry, from CapQuest Debt Recovery Ltd dated 20 April 2007 saying" your account will then be passed to our Solicitiors who may commence legal action on or after 26 Apr 2007

I got a LETTER BEFORE ACTION frpm

Paul, yes I am sure I did, but haven't got it now

NCF; I'm in Surrey