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  • #31
    Don't let yourself get too worked up minskey! It takes a long time for them to be able to send around a baliff as to do so legally they first have to go to court. Most companies avoid going to court as if they are proven wrong it costs them a lot of money and you have a strong case and they don't so really, don't worry.

    Trading standards and citizens advice are your go to guys. It will be ok ^_^
    My very pink Blog about food and...more food

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    • #32
      Final notice of what exactly are they sending you? Presumably payment? They cannot threaten baliffs, they cannot order baliffs to attend your home etc etc, neither can they come knocking on your door! They would need to get a court order to enforce this and before this would happen you would have notice of their application to court at which point you would appeal to the court. It would cost them more than their so called bill you 'apparently' owe them. Scare tactics, ignore them! Apply for a Data Access Request which will cost you in the region of �10 and will give you all notes/T&C's etc etc etc

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      • #33
        BTW even before baliffs they would need to apply for enforcement should a said order go through against you which I doubt it would as you would appeal on the amount you 'supposedly' owe them.

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        • #34
          Hi Minskey...have you managed to sort anything?

          A couple of things that stick out for me,firstly,did you say that UPS had come to you AFTER the other person had failed to pay?Guessing that means that UPS had gone to them first...because THEY were the customer?(I may have rememebered that wrong from your last post?)
          Also...no matter how much we tell you not to worry this is obviously getting to you...if you haven't already then get an appointment with CAB...don't be paying out for info that may or may not help you...you might as well just pay the bill.I've needed to go to CAB in the past and they really are helpful...not just in what they know but the power they have when they phone your creditors and announce they're from the CAB...I love'm

          Also,have you informed EBay about all of this?

          Good Luck and hope it can be resolved soon.x
          the fates lead him who will;him who won't they drag.

          Happiness is not having what you want,but wanting what you have.xx

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          • #35
            A Data Access Request would help if it went to court to prove what UPS are claiming which is money not owed.

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            • #36
              Originally posted by taff View Post
              I suspect I'd be quite terse if i was being threatened by the ups too.
              if I hadn't already been threatened by another organisation...who were also talking b*****ks
              taff; did you win?

              Originally posted by andi&di View Post
              Hi Minskey...have you managed to sort anything?

              A couple of things that stick out for me,firstly,did you say that UPS had come to you AFTER the other person had failed to pay?Guessing that means that UPS had gone to them first...because THEY were the customer?(I may have rememebered that wrong from your last post?)
              Also...no matter how much we tell you not to worry this is obviously getting to you...if you haven't already then get an appointment with CAB...don't be paying out for info that may or may not help you...you might as well just pay the bill.I've needed to go to CAB in the past and they really are helpful...not just in what they know but the power they have when they phone your creditors and announce they're from the CAB...I love'm

              Also,have you informed EBay about all of this?

              Good Luck and hope it can be resolved soon.x
              Andi&Di; cannot get an appointment with CAB for weeks around here. I'll inform EBay tomorrow, not had a chance today as work odd hours and not been home long. I don't hold my breath with EBay or PayPal. I sold my Landrover Freelander nearly 2 years ago now using Paypal,purchasor went off with my car and did a chargeback for the �1400 leaving me liable for a �1400 minus balance with my PayPal account. Threatend by bailiffs etc to recover the money from me. All PayPal wanted to know was if I have posted the car & have the recept for that, never mind I have collection signature & guys detailsetc! Police involved [choccy fireguards] & still not resolved!!!!


              One & All

              I have with help and advice from bagpuss drafted a letter to send tomorrow to the UPS department who have been writing to me and legal dept in HQ, it will go in recorded post.

              yes its clear from the UPS letter to us they have tried to recover the funds from the chap in Poland before getting in touch with us.

              Watch this space......................................

              many thanks minskey

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              • #37
                Ask them for proof of what you owe? How was your advert stated on Ebay re - postage and packaging in the original advert?

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                • #38
                  All the best with it Minskey...hope your letter gets it sorted.xxx
                  the fates lead him who will;him who won't they drag.

                  Happiness is not having what you want,but wanting what you have.xx

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                  • #39
                    Originally posted by minskey View Post
                    taff; did you win?
                    they haven't come back since they threatened me with a search warrant, which I have seen no sign of since October.

                    Check all your ebay e-mails, and other e-mails find the ones detailing who ordered the ups, or arranged it.
                    You cannot be held responsible if you didn't arrange it. Which reminds me, who has the item now? Ups?

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                    • #40
                      this from their site

                      "The shipper will be responsible for all losses, expenses and any claims made against UPS by the receiver or a third party, where UPS cannot deliver a package because the receiver refuses to pay the COD amount in the appropriate
                      form or refuses to accept the relevant package"

                      If he set up the shipping, he's both the shipper and the receiver. You didn't make a UPS account to sort this out, he did, so s*d 'em.

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                      • #41
                        Originally posted by minskey View Post
                        I don't hold my breath with EBay or PayPal.
                        Paypal are often featured in The Times' money pages, by customers complaining about being ripped off. Write to The Times (or your own newspaper), see if that helps.

                        Emailing eBay is no good, they just send you stock answers. Try phoning them and talking to a real person: 0800 358 6551
                        All gardeners know better than other gardeners." -- Chinese Proverb.

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                        • #42
                          E-bay need to know that you have the problem. My OH says that if any form of signature was given when the item was collected, there MAY be a 'contract' resulting from that, if not, there is simply nothing doing.
                          As already stated, there is a lot of ground between a 'final demand' for payment by a company and bailiffs being sent in. They have to go to court first (which they can't do without telling you when, so you can defend) and prove that the money really is owed, and the onus is on them to prove it, not on you to disprove it. In effect they would be trying to sue you for the unpaid bill, and while you would need to put up some sort of defence (at least sending a letter stating that you do not accept any liability to pay, and a brief description of why) I can't see that they have any actual grounds for claiming.
                          Flowers come in too many colours to see the world in black-and-white.

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