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jayc001

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  1. Well I suspect it's a card I've closed the account on. I guess I need to look at any current cards around that date and then work backwards from there. Was hoping there would be some legal loophole or something I could quote to make them decide it's not worth chasing. It's not a very large amount so I need to work out if the hassle of proving I paid is worth less to me than the money. What I can't work out is how this has come to light 27 months later. If they couldn't reference the payment why didn't they contact me sooner?
  2. The company has changed names within companies house. Same directors, same reg number, differnet name and address.
  3. Just an update. I've had no further correspondance from the company after following the advice on here. Touch wood the matter is over.
  4. Just an update on this. I ended up paying the amount. It was pretty small £65 and was stressing me out getting now where with paypal. I managed to hold off as long as I could as the filing of the claim with the courts had a lot of errors and I quoted CPR as much as I could to try and get it thrown out. Even when the amended particulars of claim came through I had a decent chance of defending it as the claiments facts were incorrect but worrying about it and having to take time off from work to attend court meant it was better for me to write a cheque. Thanks for the help though.
  5. Hi, I had a similar problem to this earlier this year however touch wood that is sorted now but this morning I get a new totally unrelated invoice come through. In May 2009 I purchased some goods over the phone from a supplier (retail sale for my own use, not trade). I paid on my credit card and they shipped them out. Today I get an invoice saying payment is outstanding and if I have already settled the payment please supply payment date and method. Now here's the problem. I use numerous credit cards usually for the interest free period then close the account. To go back 2 years and find which card it was and supply details is going to take considerable time and effort. Seeing as this seems to be an administrative error on their behalf and I'm certain I have paid it (why else would they send goods out to a new customer without any kind of credit account being set up?) then am I entitled to charge for my time in finding the payment record? Also not sure if this makes a difference although it might explain why they have no record of payment the company changed name and premises in Jan 2010 and I am being billed by the new company. Any advice?
  6. The claims form is defo from the court. The clerk there obviously isn't on the ball. I don't keep emails over 3 months so I have no proof of the funds being taken from my account, I guess in future I need to. Paypal are not playing ball. I've spoke to their complaints department and the following is what they sent : Thank you for contacting PayPal regarding case id PP-001-xxxxxxxxx. A solicitor or law enforcement officer must submit a court order to request information about a customer’s PayPal account or claim. PayPal requires that legal documents be sent by mail to the following address: PayPal (Europe) S.à r.l. & Cie, S.C.A. Legal Department 22-24 Boulevard Royal L-2449 Luxembourg. PayPal does not accept personal service, nor do we accept service via electronic means, such as fax or email. Thank you for your time. Yours sincerely, Esther PayPal So with no defense available I guess I'm going to have to get my cheque book out
  7. Well looks like I might be screwed. I can't pull any of the information relating to the buyer receiving a refund from my paypal account due to it being over 180 days. I contacted paypal via phone to request a copy of this information only to be told they won't give me it without a court order due to data protection. So I need a court order to get details to help me defend my case in court? Oh dear!
  8. Hi All, I have received a court claim form from a person a sold some goods to on ebay last year however to my knowledge paypal refunded the buyer after the dispute process. The goods were used and tested by myself prior to sale. Sold on ebay via buy it now (I'm a personal seller not a business). Buyer emailed after receiving to say the goods were faulty. I troubleshooted the goods via email (computer goods and I'm an IT tech) however it was my opinion that they were not faulty and I initially refused to refund. The buyer got very angry by this with lots of heated emails so I chose to inform him how to raise the dispute via paypal (knowing full well that paypal always find in favour of the buyer) so they could deal with it and could refund him in the correct manner. Paypal after a few days removed the funds from my account and they found in favour of the buyer as expected. The buyer returned the screen to myself and as far as I was concerned (until today) the case was over. Anyhow today i received a court claim for the original amount (actually not sure if it original amount or plus return P+P costs). The transaction was from 27th July 2010 and I can't pull any info relating to it from either ebay or paypal as it's past the 180 day cut off. I've emailed paypal requesting all details relating to the case so awaiting their response. The claim states POC to follow which I understand to be the "particulars of claim" so until i receive that i can't make my defence. Also the form to fill in to make defence is unreadable due to the toner being run out on the court photocopier (some brightspark still hand wrote the claim number on the totally unreadable form though!) Has anyone any experience of someone taking them to court even though paypal have refunded them? Any suggestions on where to go from here?
  9. Yes I still have the pictures and can likely find the original emails and returns form. Below is from the email I recieved yesterday : Dear Mr. xxxxxxxx In reference to your complaint about xxxxxxxxx dated xxx we would like to inform you that the complaint was declined by the manufacturer. We have attached the letter from the manufacturer for your information. Since the result of the assessment verifies that the goods are not faulty, we are entitled to invoice you for the replacement tyres (see verdict of the Braunschweig District Court (Az. 4 S 385/04)). Please advise us until 13.12.2010 if you would like the declined goods to be returned to you. Should we not hear back from you by the given date, we will dispose of the goods. We would like to thank you for your reply in advance. There was no letter attached however. Below is a copy of the second email which is the invoice : Order confirmation and invoice no xxxxxxxxxxx Invoice date: xxxxxxxx Items ordered: Item No.: D-103024 Item: Nankang NS-2 225/30 ZR20 85W RF with rim protection, BSW (Su) Quantity: 2 unit price net: 85.36 GBP (100.30 GBP brutto) ----------------------------------------- Total amount net: 170.72 GBP Transport and delivery costs net: 0.00 GBP ----------------------------------------- Total amount net: 170.72 GBP 17.5 % VAT 29.88 GBP ----------------------------------------- Total sum: 200.60 GBP ========================================= Please transfer the total invoice sum of GBP 200.60 within 7 days remembering to include the order number xxxxxxxx into the following account: What concerns me is they will charge the credit card I used for the original order. Can they do this? If they do can I dispute it? Why do these things always come up at Christmas, as if i don't have enough to spend out on! Cheers for the replies folks!
  10. I puchased 4 tires online in early 2009 (I'm in the UK, supplier is UK based but everything ships from their HQ in germany). 2 of them soon became defective (sidewall seperated from the the tires. I took photos and requested to return them to the supplier (located in germany). They issued a returns form and collected the tires. Shortly after (within a week) they refunded the amount to my credit card. Now out of the blue 20 months later they have contacted me saying the manufacturer has stated the tires were not defective and are invoicing me for the 2 tires. Are they in their right to do this? Is there a time span in which they should have acted as 20 months seems a very long time? Anyhelp appreciated.
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