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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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      • 16 replies
marc.w

Barclaycard commercial credit card CCA

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I have a Barclaycard Business Credit Card through my Limited company.

Can anyone advise if i can CCA them to see if i have an enforceable agreement or do they work under different type of credit agreement?

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Hi Marc,

 

The reality is that it's very difficult to get sight of any credit agreement from BC at the mo. Read other threads here and you'll get my drift.

 

Do you clear the a/c balance each month or not.

 

You can reclaim any penalty charges on the a/c.


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Hi Slick,

 

Thanks for the response.

I am trying to get a copy of an agreement on a personal barclaycard at moment, so i am fully aware of Barclaycards tactics. I do not clear the balance each month so i will look at any reclaiming charges.

 

The reason that i ask about the CCA is that i requested one and received an application form with no prescribed terms on it, but Barclaycard stated in their covering letter the following:-

 

"I note your reference to section 78 of the consumer credit act. If i may explain, as the account you hold is for a limited company, you are not covered under this section of the act. Therefore, we are well within our rights to pursue any unpaid debt, as per the terms and conditions of your account".

 

I have read the CCA 1974 and can only see reference to personal details not companies - is this correct, if so what act do i have to refer to or are Barclaycard just trying to confuse me? If they are it is working.

 

Please help!!

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Hi Mark,

 

I'll seek some help from the Site Team to clarify if the CCA1974 applies to a Ltd Co Credit Card a/c.

 

:)


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Ok maybe this snippet will clear it up;

 

 

 

Consumer Credit Act 1974

 

The Consumer Credit Act 1974 (as amended by the Consumer Credit Act 2006) regulates consumer credit and consumer hire agreements. Its protections apply to agreements between traders and individuals, sole traders, partnerships and unincorporated associations, but not agreements made between traders and corporate bodies such as limited companies.

 

The Act lays down rules covering:

• the form and content of agreements;

• credit advertising;

• the method of calculating the Annual Percentage Rate (APR) of the Total Charge for Credit;

• the procedures to be adopted in the event of default, termination, or early settlement; and

• the unfair relationships test.

The Act also requires that all traders who make regulated agreements or exercise rights under a regulated agreement obtain a consumer credit licence from the Office of Fair Trading (OFT). Credit brokers, credit repair businesses, debt advisors, debt management businesses and others, may also require licences.

Appeals against OFT licensing decisions should be made to the Consumer Credit Appeals Tribunal (part of the Tribunals Service).

Local trading standards departments and the OFT enforce the Act. The OFT also produces guidance about the Act and its regulations. For further information contact local trading standards departments or the Office of Fair Trading.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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The crux would seem to be the word "protections"

Whether this extends to the right of Barclaycard to refuse a request for sight of a copy agreement is unclear.

But it does confirm that LCs are not afforded the same protections as the others mentioned.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Marc,

 

Can you confirm roughly when this Ltd Co card a/c was opened.

 

Have you checked yet to see if there are any penalty charges which can be reclaimed.


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thanks for the info Martin3030.

 

What i am confused about is if i have no protection under CCA 1974 then what am i protected under, surely there must be some Act that covers limited companies or is it just the agreement/contract that the company enters int?. If it is the latter then all i have signed upto is an application form that is pretty illegible, has no interset rates, payment dates. The only reference to credit limit is that i have requested a figure. I also think that it is a microfische copy as it has funny numbering down the side.

 

I will try and upload application form tomorrow so that you can take a look youreself, if you don't mind? (Although i am am not sure how well it will scan).

 

p.s. I have just read the agreement again in finer detail and it does refer to the Consumer Credi Act 1974 so i am now totally confused. Also, reading the covering letter from Barclaycard commercial it states that i am not covered under this section (78) not that i am not covered under the CCA 1974.

 

So basically still confused. Any help would be much appreciated.

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Slick,

 

I can definately claim for unfair charges. Barclaycard ar still charging £30 per late payment/over limit fee.

 

The application is dated March 2002.

 

I assume the best thing is to SAR them?

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Hi Marc,

 

Please confirm we are talking here ONLY about the Ltd Co BC a/c. I see you mention a personal a/c above - this should be discussed on a separate thread if nec'y so the 2 issues don't get confused.

 

The SAR may not help you here as that's a request for all personal data concerning an individual.

 

But I assume, as this is about a Ltd Co, that you still have statements going back 6 years at least. The state's will give you all you need to reclaim penalty charges.

 

As regards the credit agreement, it may help if you post it but with identifying details hidden. Personally, I think CCA1974 offers protection to individuals putting CCard Co's under obligation to make credit agreements, and run a/c's, in the manner laid out in the legislation.

 

Whereas with a Ltd Co a/c, you cannot rely on CCA1974 or similar legislation. General contract law would govern whether you applied for and used the Ltd Co credit card.

 

If you don't want to pay the a/c anymore, BC will take you to court and ask for a judgement based on:-

 

1. The signed agreement.

 

2. The fact that you have used the a/c to pay for goods for years.

 

3. The fact that you've paid the monthly payments for years.

 

Because BC would not have to provide an agreement which complies with CCA1974, a judge would rely on these issues and find against you (or your Ltd Co).

 

This is just my opinion and Martin or others may think differently.


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thanks Slick.

 

Yes i am only speaking about my Ltd company credit card. I probably do have all my statements somewhere, will have to search my garage as moved recently and all files are boxed.

I take your point regarding contract law governing and what the judge will look at. Best i start getting back on track with them!

 

I will post up agreement anyway later today to see if it throws anything up.

 

thanks

 

M

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