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  1. Did they stop after the first use of your new card or did they continue to do it? My bank have cancelled my card and I have a new one but whats to stop them taking my brand new card details from somewhere and using it?
  2. Thank you renegadeimp -- it was only after speaking to their customer care team that they agreed to refund the money. I took your advice and didnt take No for an answer Should I still send the CPA letter to CFO and Natwest just in case this happens again? I have cancelled my old card but worried they might somehow get their hands on my new one They helped themselves to over £500 this weekend
  3. Well I spoke with my bank (Natwest) retailer disputes - Agent said nothing they can do as its a loan company, my fault if I owe them money then can help themselves nothing they can do. The way I was spoken to was appauling and was down right rude to me. I didnt accept this so asked for manager, was told by a supervisor the same thing. I explained they were breaching guidelines laid out by FSA, not interested. I said I had done research and there was other RBS customers that had the same issue, again not interested. Said I needed to go to police and report Fraud (?!) or take them to court! Ended up with complaints, person was helpful although she maintained position at first but when I said I cancelled my lost card and I asked whether CFO would be able to take the payment and was told they wouldnt she said I was misinformed and should have been told to cancel the CPA. She said Visa have a system whereby if you set up a CPA even if the card is lost or cancelled your new card details are on there so the CPA is not cancelled or the person that had your old card details can still access your new card details - Is that correct does anyone know? Anyway after sticking to my guns she is back dating to the cancellation of my original card which means I will get a refund as they should have updated the database, I am assuming the VISA database. I really dont want to let CFO get away with this and maintain they got my new card details using a different website as a front, would anyone recommend who I can report them to? Is it OFT or TradingStandards?
  4. Thanks do you know if the payday loan lender can do this? Has anyone got experience of this with the bank? The lender has gone in again this morning and taken another £72!!
  5. Hi I am hoping someone can give me some advice and steer me in the right direction. I took a payday loan out with CFO due to repay at the end of March. During the month I lost my debit card and the bank issued me a new one, I forgot however to update CFO. i then found at the repayment date I was unable to pay them back, they notified me that the payment had failed because they had my old card details. During this time I have been trying to sort my finances out but had to try and get some emergency funds about two weeks ago to repair my car. I applied on line and was referred to CFO again, not realising I had supplied all my details (including my new card number) they refused the loan as I had an outstanding debt with them. Didnt think anything more about it until today when my salary has gone into my account. There are 7 transactions on my account starting at 03.00hrs this mornin from them taking the total of my arrears on my original loan. I have phoned them and said that they did not have persmission or authority to process the payment on my new card, that the application on the second loan did not make it clear that my details would be used and updated and I demanded a refund. They have refused and stated it is is in the t&c's of the first loan - I cannot see anywhere in the paperwork it makes reference to them being allowed to do this. Surely they cannot simply retain my details, process them to update my account details and help themself to my money? I have wrote to them and advised that they did not have my authority to retain my card details, use it to pay the arrears when they choose and I have said I will raise issue with my bank. I am not hopeful that they will respond however. Can anyone provide me with any points of legal reference or guidance on what I should do? They have taken over £350 which has left me in financial hardship again this month.
  6. Hi I work in insurance claims, normally if you're Insurance company is still investigating the claim and trying to defend any claim the other part is making against you your No Claims Bonus will be disallowed. Once the claims is settled, if they have not paid anything out they should Allow the bonus. What I would say is your insurance company should be keeping you updated and should not accept fault without speaking to you first, ultimately they are dealing with the claim on your behalf. I have to be honest thought often with cases like this they may be settled on what is known as a split liability, where each party accepts a certain amount of responsibility for the accident. Fingers crossed for you
  7. Hi there Really after some advice and guidance from the experts out there. In a nutshell I owe my mortgage co approx £2k in arrears which is approximately 5 months arrears. When I eventually decided to get a grip of the situation following a letter recieved at the beginning of Feb, I phoned them and arranged to start repaying my monthly commitment and made an offer of £100 per month on top to clear the arrears. They told me any agreement would be subject to a court order due to the length of time that arrears had incurred however they sent me a financial planner to complete and return. I did this and also wrote back and asked that the matter not be put in front of the courts given that I have been with them for approx 6 years now, never been in this situation and in the past if I ever missed a payment I honoured my word and repaid the arrears(from memory this has only happened twice and I have missed only one month before) The situation is also having a very negative effect on my mental state too and I explained this to them They havent responded to either the letter for the financial planner however after I got the letter to which I responded to at the beginning of Feb I also got a letter from a firm of solicitors telling me they were starting possesion proceeding. I received a letter today to tell the matter is listed with my local court mid March quoting CPR 55.10A. I have to be honest I am absolutely terrified and no idea what to do - should I file a defence if so how? Do I just go to the court and take my letters with me to show I have tried to resolve the situation outside of the court? I'm gutted, embarrased and a little bit lost - I'm on my own and worried I will lose my home Any help appreciated
  8. Hi all, I've come in tonight to find a CC Summons for the same firm in very similar circs to the original poster only mine relates to a very old overdraft I had with a bank going back to a default recorded in 1999. Can anyone give me any advice as to what I ask for from Link? I have no record of a default going back that long or the notice of assignment I'm at a loss as to what to do but going to follow the steps on here by acknowledging the summons and advising of my intention to defend. I thought I would use the letter on here too but I dont know what to do in terms of submitting the defence - Would anyone be willing to assist, you feel so ashamed and embarrassed......
  9. Just wanted to post an update - had my hearing today and I won! Have to say that I was so nervous before hand as didnt know what to expect. Meeting the other sides solicitor beforehand made me more confident as it was evident that they werent going to produce anything I didnt already have (in fact I probably had more information that her) Judge was lovely and I think what was in my favour were - I had wrote to them making a SAR to get as much info as possible - He even commented that clearly I hadnt burued my head in the sand and had tried to get the information - I had all my facts and evidence with me - They hadnt gone down the road of issuing proceeding against me through the small claims and instead were trying for bankrupcy - he said they might still do this in which case I can enter a defence if I felt it was a case worth defending. The other solicitors even tried for costs, I had made the application to which the judge said "The answer to that is No" I said very little during the hearing (thankfully as I was so nervous I would have sounded like Larry the lamb!) I have to say a massive thank you to 42man, kidsmum and notts phil for helping me - I had no idea what to do and without your help would have struggled through this whole process To anyone in the same position, I know I was fortunate with my judge but if you think you have something worth standing up over then do it - And if I can offer any advice to anyone, albeit my situation wasnt/isnt complex, feel free to message me and I can share my experience
  10. Well I have my date from the court finally, pleased to get it as one less worry but nervous now about the day. Still no copies of the CCA's from the DCA,they sent me copies of the mobile phones bills (two of the debts) and gave a telephone number to call with my debit card details?! Nothing more recieved. I'm a bit lost as I know and accept I held accounts with these firms but cant accept the debt owed as they have stated as I have nothing. I have submitted the SAR which they have acknowledged but nothing recieved to date. I'm worried on the day I will have nothing - I suppose this is the basis of me asking for the SD to be set aside. Does anyone have any advice on salient points to make to the judge? I am happy to post more details if needed. Also are you allowed to take someone with you to the court as support?
  11. I've still not had a hearing date from court - Does anyone know if this is normal?
  12. Well went into court today and everything was fine, all paperwork ok. Person at court helpful and pleasat, should have a hearing in two weeks, was so nervous today goodness knows what I will be like at the hearing. Anyone that has been to a hearing would welcome your experiences and any advices. Thanks again to those that have helped me so far
  13. I will ! I've never had to go to court in my life and dreading having to go for a hearing but fingers crossed it will all be ok
  14. I'm going to court tomorrow to process the forms for the SD to be set aside but i' struggling with 6.4 can anyone help with what information you are supposed to add red bits being the parts Im struggling with Let (a) attend before the Registrar as follows: Date - Is this the time, date that I go tomorrow? Time hours Place on the hearing of an application by (b) the applicant for an order that the statutory demand dated be set aside. The grounds on which the applicant claims to be entitled to the order are set out in the affidavit of the applicant sworn on © a copy of which affidavit accompanies this application. (The names and addresses of the persons upon whom this application should be served are: (d) The applicant’s address for service is: (e) Dated Signed (Solicitor for the) Applicant If you do not attend, the Court may make such order as it thinks fit
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