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    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
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Claiming back a DD via indemnity


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Hi

I have a small problem with a Direct Debit taken out of my account by British Gas for £340. The problem is that I recently switched my supplier to utility warehouse but on my previous statement Britsh Gas mixed up my meter with that of a neighbour & when i recieved my final bill it was nearly 1000 units over what it should have been (due to mixup) meaning my bill was £340. So I contacted British Gas to alert them with the new reading and inform them that it was due to wrong meter being read.

Now they said that they were unable to do anything about it until they recieved a new final reading from my new supplier (and I should inform them of the mixup dispite it being British Gases erroe) but agreed to put a stop on my account till this had been achieved. OK I though, not a problem. Now I came to my account and the money had been taken regardless so I went to the bank (Lloyds TSB) and had them submitt an indemnity request under the direct debit garentee which I was told would be back in my account my the end of that day ....4 days later and I have yet to recieve a penny.

When I went back into the branch I was told it was been investigated and would take 10 days!!!!! Now due to this stupid error I am now overdrawn and after informing my new company of the error and the correct reading it seems that BG actually owed me money. Can I force them to speed up this payment? Can I claim bank charges from BG for breaking our agreement and making me overdrawn? Legally where do I stand? and does anybody know why its being investigated (I was told under the DD mandate the bank would pay the money back then claim it from BG). I'm a little confused and well P*ssed to say the least not to mention out of pocket for the month and will have to trasfer money from my saving if this is not resolved soon. Any help would be greatly appreciated. If this is the wrong forum plaese move it.

Thanks in advance,

J.

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Call your bank and ask them why they have not refunded you the same day which is the duty that they have to do under the Direct Debit Guarantee Scheme regardless of how long it takes the bank to claim the funds back.

 

Direct Debit - your rights

 

The Direct Debit Guarantee

  • If the amounts to be paid or the payment dates change, the organisation collecting the payment will notify you normally 10 working days in advance of your account being debited or as otherwise agreed
  • If an error is made by the organisation or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid
  • You can cancel a Direct Debit at any time by contacting your bank or building society. We also recommend you notify the organisation concerned.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi

I have a small problem with a Direct Debit taken out of my account by British Gas for £340. The problem is that I recently switched my supplier to utility warehouse but on my previous statement Britsh Gas mixed up my meter with that of a neighbour & when i recieved my final bill it was nearly 1000 units over what it should have been (due to mixup) meaning my bill was £340. So I contacted British Gas to alert them with the new reading and inform them that it was due to wrong meter being read.

Now they said that they were unable to do anything about it until they recieved a new final reading from my new supplier (and I should inform them of the mixup dispite it being British Gases erroe) but agreed to put a stop on my account till this had been achieved. OK I though, not a problem. Now I came to my account and the money had been taken regardless so I went to the bank (Lloyds TSB) and had them submitt an indemnity request under the direct debit garentee which I was told would be back in my account my the end of that day ....4 days later and I have yet to recieve a penny.

When I went back into the branch I was told it was been investigated and would take 10 days!!!!! Now due to this stupid error I am now overdrawn and after informing my new company of the error and the correct reading it seems that BG actually owed me money. Can I force them to speed up this payment? Can I claim bank charges from BG for breaking our agreement and making me overdrawn? Legally where do I stand? and does anybody know why its being investigated (I was told under the DD mandate the bank would pay the money back then claim it from BG). I'm a little confused and well P*ssed to say the least not to mention out of pocket for the month and will have to trasfer money from my saving if this is not resolved soon. Any help would be greatly appreciated. If this is the wrong forum plaese move it.

Thanks in advance,

J.

 

 

Maybe the payment of £340.00 was in the BACS process and therefore the company is unable to cancel that as it is then the customers responsibilty to withdrawn from their end. If it had been me that dealt with your query, I would have advised you of this but hey ho I cant speak for everyone!! Or Id have asked if you wanted to cancel if it wasnt in this process.

 

Anyway, indemnity claims should be refunded immiediately and Id get onto the bank like the first respondant advised.

 

Im not great with financial sides of things but good luck in sorting it out

ARGH COMPLAINTS!!!

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