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Thread: ok standard con causing me to have a negative balance so a few questions?

  1. #1
    bolteyes82 Guest

    Default ok standard con causing me to have a negative balance so a few questions?

    Hi all,

    ok familiar story, i sold a phone buyer claimed i didnt send it paypal came down in buyers favour, resulting in a negative balance of 56.34 for me.

    i took some advice from a family member who had this happen to them for a much larger amount a good few years ago, perhaps bad advice..... basically i was advised that if i was prepared to never use my paypal account again just dont do anything expect a few nasty letters but ultimately they give up!

    I followed this but it appears that paypal have given the 'debt' to MacKenzie Hall Collection Agency.

    Now i am delaying i have certain things that are possibly to my advantage so to speak,

    A) i have links to the address that MacKenzie Hall are calling & writing too but i havent lived there for some considerable time, but the people there are very kindly returning letters unopened as not known at this address (which is true) they were identified as from MacKenzie Hall via the P.O. Box number you see.

    B) the name is wrong on my paypal account (long story & no im not a scammer) but it doesnt match any of my bank accounts or credit cards.

    So my question is this do paypal really have the right to persue me for the money i mean you dont sign a credit agreement, they dont agreed to lend you money do they?

    Secondly the amount is not the problem for i could pay it but as with so many people ot was a point of principle for me, but i am concerned that if i pay the funds into my paypal account the collection agency will still to persue?

    my reasons for suspecting this is that paypal have passed this on to a collection agency but still seem willing to allow me to resolve my negative balancewhich i think is wrong? should it not be one or the other? SO im now waiting to see if the collection agency ever manages to make contact with me....

    So lastly how likely is it that they actually track me down being how i dont live where they think & they are looking for someone with a name i dont have? Also you hear stories of people having defaults and alike put in credit ratings etc etc but i believe this only can happen after a CCJ regarding the matter.

    Any advice on any or all of the subjects raised would be greatly appreciated,

    Thanks

  2. #2
    Join Date
    Jan 2011
    Posts
    6

    Default It might be fun now

    THIS IS NOT LEGAL ADVICE CHECK WITH A GROWN UP THEN IGNORE ME

    Pidd ePot PROBABLY do have the right to get you, the terms and conditions you assented to when you joined are pretty comprehensive against you, they including that they can at sole discretion recharge your account for any transaction, the in house process is relatively simple, can you prove it was delivered ie Couriers / Post office droid ticks yes or no. If there is no money in the bank account then they go for debit collection agencys.

    You have a possible claim against your delivery service, if you can prove you sent it, You have a possible claim against your "buyer" both of those are civil and you threaten and perhaps DO small claims in the county court, fees charged but added to the claim if you win. Then you have to recover the money perhaps using debt collectors / bailiffs You also have a possible criminal route against the buyer, If he did receive the phone then he has committed fraud if he represented otherwise, if you still have the imne number for the phone it will help. Take all this to the police who will ignore you so be prepared for a battle, they can get the inme investigated perhaps back to the current user, best not to block it as the villain will stop using or have the phone reprogrammed end of evidence trail

    Meanwhile paypray's debit collectors have full access to your bank details then, and any ebay accounts from then till today and lots of other stuff, they might also question people you have transacted with as to your current whereabouts. They then decide if there is a prospect of success and if they invest in small claims at the county court, it matters not if they can not find you or not they just serve the court papers at your "last known address" if you do not reply or turn up at court judgement is entered against you plus fees plus costs, you are up to PDS 100 then one day your new door gets a knock and its a bailiff wanting the judgement and his fee. Or the agency could hand the job back to tinPot who might put it to another agency, repeat above.

    Your only possible angles against notmyPal would be 1) dilatoriness they are your servant as they accept fees from you and they should act in your best interest, was a proper investigation made? or did they just roll over because the "buyers" bank had recharged them. and I do not like that you gave up and did not ring back with the bank number. 2) That the terms and conditions you assented for were unreasonable. Both of these get in into tricky legal stuff and not recommended with out a lawyer (money pit) , you would run them as counter-claims if you turn up if they take out small claims against you OR you could start a separate action if they have not started. Whichever way debitenemy will fight all the way and put 10001 obstructions in your path, you think the helpline is bad you ain't seen nothing yet

    moral do not get involved with thieves

  3. #3
    Unregistered Guest

    Default

    While the above reply is true, in my experience ignoring the debt agency worked, and they did not pursue it to court etc. And this was for a higher amount than yours.

    This was 3 years ago and my credit file is still unblemished. Debt agencies don't have many powers as you will find out from some Googling. Whether you choose to risk this only you can decide, however my genuine experience was that they gave up. Maybe I was just lucky but felt it worth posting!

    My honest opinion is that you have little to worry about. They are not going to waste hours of their time on 50 quid, given they don't have any 'hot' lead on where you are.

    Good luck, and use registered post next time!

  4. #4
    evagreen Guest

    Default hi hello

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  5. #5
    Join Date
    Sep 2011
    Posts
    17

    Default

    Oh dear me you are entirely responsible for the money paypal stole from you.
    See there T&C.

    Tell the DCA to take you too court over this, providing you have documents that prove your the victim of fraud & that you don't owe the money, you present the evidence to the judge, the judge will make a final binding statement.

    You will probably owe nothing as you say you are the victim of fraud here.

  6. #6
    Join Date
    Sep 2011
    Posts
    17

    Default

    Forgot to mention the burden of proof that the debt is owed by you is the responsibility of the Debt Collections Agency not the potential debtor.

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