Please help- unusual situation.

by miss.roll Thu Aug 13, 2020 3:29 pm

Hi all,

I have bought an item on ebay and paid via paypal using my debit card. Unfortunately, the wrong item arrived and I asked the seller for return back the item via ebay "return the item " option. The seller agreed but failed to provide pre-paid postage label as he was requested by eBay. I have to contact eBay and asked them to step in. They put the case on hold for 5 days to help the seller to arrange the postage return label for me. I also have written to the seller and asked for pre-paid label again but no response form him. Finally, eBay provided me with a full refund and I have never ever received a pre-paid postage label from the seller. No contact from the seller as well.
Now CCI Credit Management sent me a letter stating that they write on behalf of the client (the seller) and demanding money for an unpaid item, which is the item for which I was issued a full refund.

I still have the item, it is unused - bunch of cables for the car's back sensor which are for a completely different car. The tracking shipping is quite expensive to Germany and according to ebay t&c the seller should in this situation pay for return postage label. I have contacted ebay today and they said exactly the same. Not sure what I should do. The amount is under £50 and I can afford to pay it but on the other hand why I should pay for the item which was wrongly sent to me and which I am not able to use. Could someone tell me what I should do in this situation as I do not want to receive more letters. I have paypal confirmation, eBay chat transcription with customer service, sent messages to the seller, bank statement to confirm the payment was made and ebay message that I was provided with a refund.

by **daveiron** Thu Aug 13, 2020 5:02 pm

Hi, dont pay anything. I would write to the parasite collectors ,inform them
their client is in breach of his contract with you and also in breach of both
paypal and ebay's T&Cs which they have both confirmed to you.
Inform them the item will be returned upon receipt of a return postage label
which their client has promised but has failed to honour.

by miss.roll Thu Aug 13, 2020 5:30 pm

I wrote a letter, going to send it tomorrow. The gave me 7 days to pay and wrote that if they did not receive payment, this matter would be subject to further recovery actions. I wonder if they can damage my credit score with this further action...

Re: Your ref: xxxxx

I write regarding the letter I received from you dated on x August 2020, your ref: xxxx.

I would like to state that the debt you claim I own to your client is alleged and does not exist.

The item xxxx has been bought from your client via eBay on xx/x/ 2020, and I paid on the same day via PAYPAL (confirmation has been enclosed).

As the item was not as described, I have opened a case against your client and asked to return the item back. Your client failed to provide me with pre-paid return label as per eBay instruction and eBay T&C for “item not as described” in the right timescale. Finally, after I asked eBay to step in, I was issued a full, voluntary refund by your client for the product you alleged I unpaid.

I have never bought anything from your client before 25 May 2020 or after 25 May 2020. If you think otherwise, please provide me with original invoices, credit agreement and copy of debt with my signature on it.

Please note that if I will not get a writing confirmation from you that the case is closed within 7 days, I am going to write an official complaint to Financial Ombudsman and seek legal advice against you for harassment and deemed you to be a party to a fraudulent act. I reserve the right to seek full recourse through the courts of law.

What do you think?

by **daveiron** Thu Aug 13, 2020 5:49 pm

Yes thats good, just check first line of final paragraph.You could add that the
item will be returned upon receipt of the promised postage label.

by miss.roll Thu Aug 13, 2020 6:02 pm

I will. thank you so much

If I do not get a writing confirmation of closing the case within 7 days, I will seek legal advice against you on harassment and deem you to be a party to a fraudulent act. Please inform your client that the item will be returned upon receipt of the requested postage label under eBay and PayPal T&C, which he breached.

by **assassin** Fri Aug 14, 2020 5:30 am

I would also add:

Your client is in breach of contract rendering this an unlawful demand for monies and subject to The Theft Act 1968; if you act for, or on behalf of your client you are knowingly operating fraudulently and are complicit not only in theft, but also his fraud.
You are required by law to undertake "due diligence" and the fact you are taking action clearly shows your failure to undertake any due diligence and operate solely upon someones uncorroberated word.

by **assassin** Fri Aug 14, 2020 5:35 am

Fraud Act 2006
1
FraudE+W+N.I.
(1)A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence).
(2)The sections are—
(a)section 2 (fraud by false representation),
(b)section 3 (fraud by failing to disclose information), and
(c)section 4 (fraud by abuse of position).
(3)A person who is guilty of fraud is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);
(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).
(4)Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

2
Fraud by false representationE+W+N.I.(1)
A person is in breach of this section if he—
(a)dishonestly makes a false representation, and
(b)intends, by making the representation—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—
(a)it is untrue or misleading, and
(b)the person making it knows that it is, or might be, untrue or misleading.

(3)
“Representation” means any representation as to fact or law, including a representation as to the state of mind of—
(a)the person making the representation, or
(b)any other person.
(4)A representation may be express or implied.
(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

3
Fraud by failing to disclose informationE+W+N.I.A person is in breach of this section if he—
(a)dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and
(b)intends, by failing to disclose the information—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.

by Sponsored content

Please help- unusual situation.

Please help- unusual situation.

Re: Please help- unusual situation.

Re: Please help- unusual situation.

Re: Please help- unusual situation.

Re: Please help- unusual situation.

Re: Please help- unusual situation.

Re: Please help- unusual situation.

Re: Please help- unusual situation.