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    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
    • eh? no valid contract!   is the BT coming out the same bank AC?  
    • Hi Sorry but i am still stuck on where to go next in all of this.   This week the dealer contacted me at the 11th hour to talk repair of my car. He seemed only interested in the repair in speaking of just one of the problems  and i was struggling to get him to commit to the other fixes required. I asked him about the service history log and the proof that he had changed the cam belt.   He has told me that he will chase the service log book through his accountant. (I'm confused why through his accountant) and that his mechanic would provide the paperwork for the cambelt work, although he is away until September. (I dont believe any of this. He has had months to do this)   Back in June he said in a text to me that he would get my car fixed once his supplier opened for business from the 4th July and arrange a date with me. From that date onwards i was unable to contact him. He didn't answer his phones or reply to my texts or answer machine messages. He has told me now that his business was closed during that time.    I asked him about the 3 recorded messages i had sent him that were signed for. He said that he has not seen any letters. Somehow though he has sold 10 cars throughout May, June and July. I have been watching his stock level on Autotrader and he has been advertising his new stock and his sales on facebook throughout this period. Also he has chosen to contact me this week on the night before i was stating i would take action.   Frustratingly i expressed my desire to return the car to him for a refund and he has told me that because i didn't reject the car in the first 30 days then that wont happen. How could i reject the car if his business was apparently closed, we was not responding to me other than initially putting off any attempt at repair work.   I am feeling completely cheated by this man. He has even accused me of purchasing a car from him that i knew was faulty!!    I have shared my story recently on a Land Rover forum and interestingly a member of the forum has come forward and told me that he had also test drove the car before i did. He said the car displayed the errors i am experiencing and that the dealer had acted suspiciously. This forum member has offered to write me a statement if its of any use?   September the car is due an MOT and it is likely to fail because of the work he has not done. If i take this matter to court and it takes 6 months then what do i do if the car fails the MOT or the faults cause the car to brake down? I need this car for travelling to work and back.   Is it a viable option for me to get the car fixed myself and then claim that cost at court? I need a working car and i do not trust this dealer. He is clearly telling lies and i dont trust him completing the work to a satisfactory level if at all. Im assuming he is wanting to wait for HIS MECHANIC to get back from his holiday too. Strange time to be away for several weeks.   If i was to get my garage to do the repairs i could also ask them to confirm if the cambelt was ever changed. I'm convinced it wasn't.   Please advise. I am incredibly stressed out.
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mumto5

Bailiff & Council Tax - He came today and scared me!

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I owe £590 in unpaid council tax I stupidly did not get it sorted with the council ( excuse is had the letter came week I gave birth to my son while also having a 10 month old daughter and 3 other young children and suffering kidney failure I was just head on another planet mode)

Anyway they took me to court - got letter from court to say I had to pay - next thing I know opened the door today to find a great big guy glaring at me (5ft little me).

He was very loud spoken , aggressive tone and very intimidating.

He said you owe council tax - I said I knew that.

He said well I have to come in and take note of goods - I said no way are you coming in my house - he said he has right - I stood firm and told him no!

He then said he would make note that I was unreasonable and was refusing to pay.

I said I was not in a position to discudd repayments with him but would happily phone or write with income proof to Rossendales and make arrangements to pay,

He said no good and unless paid in 5 days he was coming with a van and more costs and he would enter and take my goods.

He also commented that it would be easy to do as my front door has wooden frame!

I was bloody terrified!

He also insisted the council demanded the payments be made in 20 weeks but I can not find now over £600 with his charges in 4 months!

HHHHHEEEEEEEEELLLLLLLLLPPPPPPPPPPP I do not want him back !

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first thing is not to be afraid and not to panic the only way the bailiff can enter your home is if you invite him in or through an unlocked door or window

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He instructed me that the court gives him right to enter and remove goods ?

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Unlocked door ? Does this mean even If I am home and I have the doors not locked he could just come walking in ?

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Yes they can so keep windows closed and doors locked but most of all remember not to panic as long as they haven't been into your house then they have very limted power> stick with the forum and one of the big guns will give u more advice.:)


All advice offered is based purely on my own dealings and the help and support i have had from this site.

 

Copying an of my postings is perfectly fine with me but you may wish to check the spellings.:D

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legally yes but most bailiffs don't

it goes like this

 

keep all doors locked

keep all downstairs windows closed

if you have a car (not on H,P, ) move it

if you have a garden with a shed lock it move all garden things table chairs /tools

if he comes to the door do not open it if you must talk to him do it behind the locked door or upstairs window

record conversations if possible

this includes phone calls

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ok lets get going

you poor soul

that must have been a rather nasty shock.

 

dont pay attention to his threats for a start, he should not be making them.

the bit about the door frame & coming back and entering to take goods is a threat that he cannot make/do either.

 

bailliffs CANNOT force entry on council tax issues.

 

he also can only charge set amounts [£24 1st +£18 2nd visit] thats it unless he makes a walk-in possession order.

 

 

ok, now have you contacted the council about this debt in the last 10days?

if not do so, & see if you can set up a payment plan with them.

 

i would also COMPLAIN about the bailliffs actions

THEY are responsible for the actions of the bailliffs they employ.

Rossendales are well known for these tactics.

 

now what is your income? if its benefits then again you could be classed as vunerable so should not be targetted at all.

 

use the search in the blue bar above for Rossendales and do some reading

 

the more you read the stronger you become.

 

we are all here to help

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hiya - I phoned the council straight away they were really nice but said as it was in Rossendales hands I had to deal with them but she would note on my file I was not being unco-operative I also told her how nasty he was.

I phoned rossendales 5 times but had no reply.

My partner claims ESA for himselfe and I am on his claim

We have 5 children 10 - 7 - 6 - 13 months and 8 weeks old.

I dare not even go to bed terrified he gonna come back while I sleep. He said he would be back in 5 days with a van which would cost £100 and something which I would also have to pay.

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The bailiff has a right to come into your home....by peaceful means ONLY. You have every right to refuse him entry. The bailiff has made a 1st visit for which he can ONLY charge £24.50 and he can make a further chargeable visit of £18.00.

 

The bailiff will be trying to get addditional fees by charging for a "van fee" but he CANNOT charge this UNLESS a valid prior levy had been made on your goods

 

I would suggest sending a TEXT MESSAGE to the bailiff to advise him that you will not allow a bailiff into your home as to do so will incur you in additional charges that you would have difficulty in repaying and that you have written to his company with a payment proposal.

 

ENSURE that you WRITE to Rossendales with a payment proposal and make SURE that you mention the benefits that your partner receives and that you have recently had a baby. Your circumstances should be classed as vulnerable.

 

 

Finally, ensure that you do NOT have a car outside of your home as the bailiff can levy on it or even clamp the vehicle.

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I do not own a car and nothing in my garden but a few plants and my dustbin.

I have a blank levy and walk in possetion form and a few payments slips but no mobile number to text just rossendales 0845 number

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goggle them and send an e-mail

 

any letters or anything from bailiffs keep in a safe place any e-mails you send/receive keep a copy

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Mumto5,

 

Follow the advice given about not leaving your doors or windows open.

Do not accept what the council has told you and don't take no for an answer. Tell them that it's their responsibility, it's their debt you owe and you will be paying them directly. Insist you cannot afford the bailiffs fees and would rather come to an agreement with them so the debt can be paid off earlier and it's in both parties interest to do so.

 

It may seem a bit scary dealing with these idiots but so far you have done the right thing and stood your ground. Don't be intimidated as he can't break in and it's all empty threats and ones that you should put in writing to the council as a basis on why you are refusing to deal with their appointed representatives. You could also complain to the baliff company and the court but it seems you have enough to contend with at the moment without the added stress.

 

Make sure you are claiming all the benefits you are entitled to...

 

Don't speak to the baliffs at all, just ignore them and their letters.

 

I've been dealing with baliffs for years (not just for myself) and haven't yet paid anything in charges to them (Bristow & Sutor).

 

If you can afford to keep up to date with the payments due from now on then make an offer on top of that of £10 per month or whatever you can realistically afford. You should also send them an income and expenditure form telling them of your circumstances. They may ask you to set up a DD so they can recover the arrears at the agreed rate.

 

It may take a few calls to sort out but do persist and ask to speak to people with authority.

 

Ensure you are claming all the benefits you are entitled to and don't be afraid to ask if you aren't sure. It's people that can afford to pay but won't that they come down heavily on, not ones who are struggling to cope but are doing their best to address it.

 

Take care.

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