Jump to content


  • Tweets

  • Posts

    • I've just taken another look through the stuff they sent me in response to the CPR request, the notice of assignment isn't the original , it's on a plain sheet of non letterhead paper, in fact it could have easily been typed up by Overdales, or anybody really.  On the other side of the paper are standard Lowell terms and conditions that are only half on the page. Should this be part of my defence?
    • I agree with my site team colleague above. We need to know all the facts including which company you are dealing with and an explanation of the problem. It really is too difficult to start giving speculative advice on some speculative problem that you have laid out as a generalised scenario
    • Moorcroft are sending a rep round to my house this week. What is the best way to handle this? Ignore and not answer the door or engage with them? I haven't acknowledged anything since I started on this journey and defaulted on my cards in December 2022
    • Very sorry but with the best will in the world, I don't think we can at all understand what the situation is here. Please can you try rewriting this on a word processor and maybe send a copy of what you have written to a friend and working out together so that the story is complete but as brief as possible. Maybe a list of dates as well. If you can do that and then repost your story we can have a look
    • Hi, I am a local authority tenant and was in a 3 bed house. At the end of last year, my last child moved out and so did my spouse as we are now going through a divorce which meant that I was in the house alone and decided that I needed to downsize not only for myself but to offer the property to a family that needed it. I registered on the local authority housing bidding site as i was asked to do and I was accepted and given a priority banding as I was downsizing and they were desperate for my house. I have been extremely lucky and after about 6 weeks was accepted for a new build from a housing association via the housing gateway. I viewed the property 2 weeks ago and had to sign the tenancy last week when they were doing bulk signups for the houses and that is the day I moved. In between viewing and sign up, I contacted my current local authority landlord and asked how I give notice as I had been accepted for a property I had bid on and was moving.  The lady told me how to do it online and then said that I needed to give a full weeks notice which wasnt a problem as I had enough time.  (I was also told a weeks notice was what i would need to give by another staff member about a month ago when I phoned up for another housing related question.  I dont have any of this in writing.) I have now moved, handed back the keys and I am now being told that I need to give 4 weeks notice which I cannot afford. I hav e spoken to the council again explaining that I was told a week and that to be honest, if I knew they were going to charge me 4 weeks I would not have been able to move and would have stayed in the other house.  I thought I was doing the right thing. They said that calls are recorded and they asked me when I called in and was told a week and they would listen to the telephone conversation and if it was correct what I was told, they would see what they could do to reduce the notice period. They have now emailed me back and said that they have listened to the conversation and the lady said 4 weeks notice and I am liable for 4 weeks rent.  Now I may well of misheard her when I thought she said a full weeks notice she may have said 4 weeks notice but I am sure she said a full weeks notice and i was told a week by another member of staff a few weeks ago. I have emailed her back and said that I may of misheard but I would like to listen to the phone recording myself.  As yet they havent responded. I think its unreasonable for them to make me give 4 weeks when I had to sign the new tenancy with little notice or loose the property.  And it was all done through their gateway, and they will have a tenant in there pretty much straight away getting rent from them. I am on a very low income, I am on my own, I have serious medical issues and I am really getting myself stressed out over this. Any advice would be so appreciated.  Can I insist they let me listed to the recording? RH  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

I asked Nationwide to cancel a dd; they said there was no record of it, and then paid out


hollywoodhenderson
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5253 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

A week ago, walked into a branch of N'wide to cancel this direct debit I vaguely remember setting up in September with a college; at the enquiry desk they could not find a trace of it. Similarly it wasn't listed in internet banking.Today it was paid out; £313. I telephoned; they said it was a temporary direct debit, whatever that is, and was irreversible.

How could the d.d. have been paid out if it wasn't on the system, and is the branch likely to reinburse the amount as a goodwill gesture, even though I can't prove I walked in there and spoke to the enquiry desk receptionist?

Link to post
Share on other sites

A week ago, walked into a branch of N'wide to cancel this direct debit I vaguely remember setting up in September with a college; at the enquiry desk they could not find a trace of it. Similarly it wasn't listed in internet banking.Today it was paid out; £313. I telephoned; they said it was a temporary direct debit, whatever that is, and was irreversible.

How could the d.d. have been paid out if it wasn't on the system, and is the branch likely to reinburse the amount as a goodwill gesture, even though I can't prove I walked in there and spoke to the enquiry desk receptionist?

 

Then under the Direct Debit Guarantee Scheme they can repay it and the college can then take it up with you since you have tried to cancel it and they have given you the spiel of some temporary DD.....that is rubbish btw.

.

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

Link to post
Share on other sites

Direct debits are an agreement between you and the receiving organisation; your bank/building society are the 'middle man', paying automatically to the receiving organisation on demand. When you want to cancel, you must first speak to the receiving company to prevent them requesting payment from your bank/building society. That said, direct debits can be cancelled on the Nationwide system but only AFTER the first payment has been collected because the direct debit details do not appear on the Nationwide computer system until that payment has been demanded.

With standing orders, you have more control as the arrangement is between you and your bank/building society and therefore you can cancel or amend much more easily!

This explains why utilities et. prefer direct debit payments rather than standing orders!

Hope this helps a bit but sorry, you will have to go back to the receiving organisation to obtain a refund if your contract with that organisation was no longer required and you had notified them of such.

Link to post
Share on other sites

"that said, direct debits can be cancelled on the Nationwide system but only AFTER the first payment has been collected because the direct debit details do not appear on the Nationwide computer system until that payment has been demanded."

 

That is true but that is not what the direct debit guarantee says. It says you can cancel the direct debit at anytime. I believe this is a major flaw in the system and there is no consistancy.

 

Case in point I recently changed my energy supplier and I could see the new direct debit mandate sitting on my account before the first payment was taken. Yet I have had instances where it did not show up prior to the first payment being taken and recall many customer being in a similar situation.

 

Surely it should be one or the other not just random?

 

Also assuming the payment was not required there is no need to go back to the company which took the direct debit. If an error has been a direct debit indemnity claim will sort it out. The advice to get a refund from the originator is often given but is incorrect.

 

In my experience many bank staff are unfamiliar with the DD guarantee and what it means so it might be an idea to obtain a copy. The usualy process for an indemnity claim is that the bank will credit the funds back to your account (timescales vary, which is in itself a scandel but not relevent here) and claw back the funds from the originator behind the scenes.

 

I genuinly don't know what happens if the originator insists the payment was due and they had a valid mandate. I believe you could raise an indemnity claim on any direct debit payment and the onus would be on the company to show that it was legitimate.

 

Ps I too agree that talk of a temporary DD is BS. Two ex-bankers can't be wrong. Although that phrase does sound distinctly dodgy. I'm going to be quite now.

Edited by indebtstudent
Added a PS

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...