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    • So I am now in receipt of a second Letter of Claim this time from DCBL although their letter head now says " DCBLegal"  😱 Now I'm guessing one response to a letter of claim is sufficient and I could ignore this but having been inspired by other snotty letters I wanted to have another bash at one. How does this sound? Dear Lackeys of Company with Unconscionable Morals, Thank you ever so much for gracing me with yet another Letter Before Claim on behalf of Excel Parking Services. How many of these delightful missives do you plan on sending before you muster the courage to follow through on your threats to take me to court? Just so we're clear, here is the response (in italics by that I mean the slanted text below) I previously sent to Excel’s Letter Before Claim, in case your attention to detail is as lacking as I suspect: I am currently 2-0 up in terms of Small Claims Court proceedings and I look forward to the opportunity to claim a hat trick, this case being more straightforward than my previous two. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best efforts, you continue to assert that I have breached your terms. However, I cannot breach terms that I was not present to accept. Have you even read my initial response? I suggest you review it thoroughly and save yourself some money. Additionally, please refer to section 13 of the IPC Code of Practice, 2023 edition. I eagerly await your deafening silence. Remarkably, I haven't heard a peep from Excel since my response; instead, they've passed the baton to you to perform this tiresome routine once more. Consider this my official notice that I am sending a cease and desist letter to Excel Parking Services. Their relentless hounding has crossed the line into clear harassment. Any further demands for payment from you, as Excel's lackeys, will be regarded as nothing more than shameless acts of intimidation and harassment. I now look forward to the deafening sound of your silence. Yours sincerely,
    • Personally I'd go to it and object for the sake of it. They have to attend anyway so I can't see you being liable for any costs or anything (if they try to ask for attendance costs, just say that firstly it is their application, secondly it is from their own making, thirdly that they would have to come anyway so you shouldn't need to bear their costs.   When you turn up you should object on the basis that the witness has been in office since the time of the order, and could have done their witnes statement in advance of their AL. Their poor planning is not your fault, 7 days is too rushed for you as a LIP and there is no good reason that a company can't organise itself to sort WX in time. Also they say finalise so they already have something, its not like thye have nothing. Their amendments cannot be so important if they are being added so late.   see what @AndyOrch says but that's my thoughts  
    • Yes, in the main your understanding of my case is right. Linked below to the post with the final WS sent to the court and to Evri.   
    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
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I asked Nationwide to cancel a dd; they said there was no record of it, and then paid out


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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?

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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

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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.

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"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.

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