Ebay phoned me up saying there coming round to collect some money

toffe

McKneff wrote: »

You are liable unfortuntely.

Dont forget, if you dont pay it, you will end up with a default on your credit file, major mistake.
No credit, mortgage or anything like it for 6 years...do yu really want that.

i was only just reading through this thread for the first time when i was staggered by this piece of grossly misleading, scaremongering misinformation, so apologies if it's been addressed already.

To the op (if still reading) and anyone else who might end up in this situation please be assured that you CAN NOT receive a default for not paying ebay fees/chargebacks.

you can only receive a default for not repaying (defaulting) on a credit agreement, your ebay agreement is not a credit agreement.

no matter what you read on here, you can't be defaulted, simply not possible, FACT!

with regards the debt collectors, can they come to you house? well yes, just the same the way the post man can walk up your path and knock on the door, or your neighbour, or someone asking for directions.

Does the "debt collector" have any more powers that the postie, neighbour or the person asking direcions? no, none whatsoever, so if you do get a door knocker when he states who he is if you do not wish to speak to him simply say "sorry you have wasted your time coming here, i am not prepared to discuss this matter with you, i will only comunicate in writing where complete written records of our comunication can be kept, now please leave my property or i will have the police remove you".

ok so thats the facts regarding defaults and debt collectors, but now here is the not so good news....

you are liable in these situations because you did not protect yourself, even taking ebay and paypal out of the picture if you sold something via your own website for example, if the customer said they never received the goods they paid you for you would need to prove that they did if you wished to dispute the claim otherwise, if lets say the buyer made a county court claim, how could the judge find that you had fulfilled the order without some form of proof?

one last thing to be aware of is if the debt collectors do come after you, should they decide to take you to court and assuming they obtained a county court judgement, and supposing you didn't pay it then the debt collection company could go back to court and seek a warrant to enable them to send bailiffs to your house, they do have more powers than debt collectors but you still don't have to let them into your house for private debts, there is more info on bailiffs powers to be found on the DFW board. also, if they did obtain a county court judgement then that would affect your credit for six years.

of course the above can't just happen overnight though and it is, in my opinion unlikely to be pursued to that length but you never know.

best thing to do, since you are liable, would be to keep offering what you can afford to the DCA they will probabaly take it eventually but at least they cant say you have REFUSED to pay.

RFW

toffe wrote: »

best thing to do, since you are liable, would be to keep offering what you can afford to the DCA they will probabaly take it eventually but at least they cant say you have REFUSED to pay.

Good advice above, just one thing, I have previously been told that the best course is to approach who the debt is with and not the debt collection agency, as when you start dealing with them they will try and put their own charges on and hike up the debt, even to the point of getting people to sign official agreements to pay unnecessary extras.

toffe

RFW wrote: »

Good advice above, just one thing, I have previously been told that the best course is to approach who the debt is with and not the debt collection agency, as when you start dealing with them they will try and put their own charges on and hike up the debt, even to the point of getting people to sign official agreements to pay unnecessary extras.

yea, to be fair the OFT have moved to stamp such practises out over recent years and they are much less common, the simple rule is though never sign anything, offer the money, if they refuse to take it, fine, just don't be bullied.

of course, by bypassing the DCA there is a good chance they won't get paid their cut from the person who is owed the money (ebay/paypal in this case) so if they are not very nice to you just pay direct and cut them out and hopefully then they won't profit one penny from the harrassment and bulling they have subjected you to.

just remember the DCA is getting a cut for collecting the money and so too are the telephone operatives, now, maybe the DCA might get something if you pay direct depending on the contract they have with ebay but at least if you pay direct you can be assured that none of the nasty little leaches that rang you up being nasty and threatening (if that was the case) are getting a penny of your money in commision.

Brooker_Dave

toffe wrote: »

one last thing to be aware of is if the debt collectors do come after you, should they decide to take you to court and assuming they obtained a county court judgement, and supposing you didn't pay it then the debt collection company could go back to court and seek a warrant to enable them to send bailiffs to your house

How could a DCA take somone to court?

Brooker_Dave

RFW wrote: »

Given that from past experience you don't like facts to get in the way of an argument, if we take your anti Paypal propaganda as fact and that they are wholly based in Luxembourg, then your statement implies that only companies/people in other countries can take out legal action in the country they are based, this is inaccurate and misleading to the person in the opening post.

Fair enough, in that case you'll have no problem in providing examples of court cases Paypal have launched in this country.

George_Michael

Fair enough, in that case you'll have no problem in providing examples of court cases Paypal have launched in this country.

RFW didn't state that Paypal had taken out any court cases, simply that there was nothing to stop them from doing so, which is correct.

If I wished, I could take out a court case against a person or company in Luxembourg, and many other countries, and there is nothing to stop paypal from doing the same.
Whether they could be bothered doing so is a different matter to them being able to do so.

Crowqueen

I think you can take out cases against any other person in any other EU member state from the small claims court - you just have to read their rubric closely (and for some reason you can't sue someone in Denmark). I looked it up in January last time I was giving out advice on here.

If you want definitive legal advice, however, you should probably go to the CAB or a solicitor, not to an internet forum. Some people here aren't interested in facts that go against their own axes to grind. LTNS, BD.

toffe

Brooker_Dave wrote: »

How could a DCA take somone to court?

well firstly lets not forget that i did say this was unlikely to happen, in my opinion, but of course you edited that out from my post when you quoted me didn't you.

but to answer the question any DCA can issue court proceedings against an individual on behlf of a client if instructed to do so, and they can charge the person a fee for doing so. usually a DCA will take legal action via a solicitors which they either own or work in partnership with.

i'm not sure why you think DCA's can't take legal action but if you look at it logically if they couldn't they would be pretty useless as they would be able to do nothing if you refused to pay a debt which you clearly were liable for.

i have read your views on paypal only being able to issue court proceedings in luxembourg, i don't wish to get drawn into your argument, i will say that i am almost 100% sure thats wrong but i don't care enough about it to spend hours arguing back and forth.

RFW

toffe wrote: »

i have read your views on paypal only being able to issue court proceedings in luxembourg, i don't wish to get drawn into your argument, i will say that i am almost 100% sure thats wrong but i don't care enough about it to spend hours arguing back and forth.

Ditto.

Others have attempted to answer Brooker Dave, he'll continue to answer disregarding facts and putting the same argument. At this point he will start asking if anyone who disagrees with him works for Paypal or Ebay.

tom129

Hello every one just an update I got a letter today from reliable collections,

the letter says saying they are going to come and visit me at home to discuss my account on Wednesday (no date given) between 6pm and 9pm and to call if this was not convenient.

Assuming they meant this Wednesday! There is an account number and client reference number on the letter but no mention of what the debt is for or the amount owed.I'm guessing its ebay infact I'm pretty sure it is

Should I just ignore it? I'm home on that day so is my parents but I hope they dont come round my mum/dad would freak.

Should I ring them and say I'm busy and tell them not to come round, strange that the letter has no date no subject as to what the matter is concerning. infact this is the 1st letter ive ever had of them