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    • what rights of access do you have on your agreement with the landlord?   i suspect you shouldn't have to pay a thing.
    • 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..      
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
car2403

Using the Freedom of Information Act to get details of Consumer Claims brought - and their results

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It would be interesting to use the Freedom of Information Act to get details from the Ministry of Justice around the number of claims raised by a certain DCA and then the number of those claims that were withdrawn before being heard.

 

I suspect the figures wouldn't read well, in that most of them probably result in CCJ's against folk with lesser knowledge!

 

Viva la CAG!


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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could that be done? maybe we should gather various court stats so caggers know what they are facing?

 

some may seem discouraging e.g. number of cases that go to CCJ or are lost by debtors but in another light it could be seen to be encouraging as it simply confirms that creditors play a numbers game whereby they intimidate through action and legal process most debtors who don't want to see things through at court and as such creditors are often bluffing when they take action..so every reason to fight to the end in many cases.

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It would be interesting to use the Freedom of Information Act to get details from the Ministry of Justice around the number of claims raised by a certain DCA and then the number of those claims that were withdrawn before being heard.

 

I suspect the figures wouldn't read well, in that most of them probably result in CCJ's against folk with lesser knowledge!

 

Viva la CAG!

 

I have no doubt that the MoJ will just say they do not collect or collate that metric. I doubt they even keep a track of how many cases are discontinued.

 

Could be worth a punt tho ;-)

 

S.


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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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Well, if my court had to call ME to find out how many claims I was dealing with, I'm not sure there's much hope for accurate statistics coming out of HMCS.

 

On the other hand....... Heather Brooke lit the fuse on the MP expenses scandal by pursuing the Freedom of Information Act.....

 

As CAR has said VIVA LA CAG!!

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It would be interesting to use the Freedom of Information Act to get details from the Ministry of Justice around the number of claims raised by a certain DCA and then the number of those claims that were withdrawn before being heard.

 

I suspect the figures wouldn't read well, in that most of them probably result in CCJ's against folk with lesser knowledge!

 

Viva la CAG!

 

Perhaps now is the time to start asking them, maybe get a letter template done and encourage every CAG member to write to the Ministry of Justice, can you still go onto the No. 10 website and start a signature campaign.

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Perhaps now is the time to start asking them, maybe get a letter template done and encourage every CAG member to write to the Ministry of Justice, can you still go onto the No. 10 website and start a signature campaign.

 

With the greatest of respect to your intentions, I don't think this should be the case. FOI requests should only be used in certain circumstances, and submitting lots of requests from different members could mean they argue that the effort in getting the data together isn't in balance with the interests of the Act. What is needed is one person (doesn't have to be me ;)) to submit a request for this data and then for that to be shared with CAGgers.

 

No 10 petitions are available online, yes, but what is your petition? :confused:


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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With the greatest of respect to your intentions, I don't think this should be the case. FOI requests should only be used in certain circumstances, and submitting lots of requests from different members could mean they argue that the effort in getting the data together isn't in balance with the interests of the Act. What is needed is one person (doesn't have to be me ;)) to submit a request for this data and then for that to be shared with CAGgers.

 

No 10 petitions are available online, yes, but what is your petition? :confused:

 

 

Your probably right:

 

The Freedom of Information Act gives you the right to obtain information held by public authorities unless there are good reasons to keep it confidential.

 

I can think of a large number of banks/DCAs/solicitors who would come up with any number of good reasons.

 

Could CAG, as an organisation, not request it?

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The Freedom of Information Act gives you the right to obtain information held by public authorities unless there are good reasons to keep it confidential.

 

I can think of a large number of banks/DCAs/solicitors who would come up with any number of good reasons.

 

And that would be? :lol:

 

Could CAG, as an organisation, not request it?

 

Anyone can make a FOI request ;)


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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And that would be? :lol:

 

Where would one start.

 

Anyone can make a FOI request ;)

 

Rather than, as you said "submitting lots of requests from different members could mean they argue that the effort in getting the data together isn't in balance with the interests of the Act".

 

Would a single request from CAG be morely likely to get a result.

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Where would one start.

 

 

 

Rather than, as you said "submitting lots of requests from different members could mean they argue that the effort in getting the data together isn't in balance with the interests of the Act".

 

Would a single request from CAG be morely likely to get a result.

 

Nope, as an individual would get the same response ;)


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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2007/08 - Total claims issue in England & Wales

893,860

 

of which 267,217 were housing & recovery of land

 

leaving 626,643

 

allocated to small claims 91,767

allocated to fast track 50,228

allocated to multi track 25,947

 

Settlements after allocation

Fast track 39,041

Multi track 22,698

 

Cases heard

Small claims 51,896

Fast track 11,700

Multi track 4,177

 

Attachments of earnings granted 76,890

 

Appeals from District Judges 2,939

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Total UK personal debt

UK banks and building societies wrote off £9.6bn of loans to individuals in the last 12 months to end Q1 2010. In Q1 2010 they wrote off £2.13bn (£1.25bn of that was credit card debt). This amounts to a write-off of £23.35m a day.

 

Total UK personal debt at the end of May 2010 stood at £1,460bn. The twelve-month growth increased to 0.9%. Individuals owe more than what the whole country produces in a year.

Total lending in May 2010 rose by £1.5bn; secured lending increased by £1.2bn in the month; consumer credit lending increased by £0.3bn (total lending in Jan 2008 grew by £8.4bn).

Total secured lending on dwellings at the end of May 2010 stood at £1,241bn. The twelve-month growth rate rose to 1.1%.

Total consumer credit lending to individuals at the end of May 2010 was £220bn. The annual growth rate of consumer credit rose by 0.1% to 0.0%.

Average household debt in the UK is ~ £8,716 (excluding mortgages). This figure increases to £18,159 if the average is based on the number of households who actually have some form of unsecured loan.

Average household debt in the UK is ~ £57,944 (including mortgages).

If you add to this the March 2010 budget report figure for public sector net debt (PSND) expected in 2015-16 (excluding financial interventions) then this figure rises to £110,166 per household.

Average owed by every UK adult is ~ £30,000 (including mortgages). This is 126% of average earnings.

Average outstanding mortgage for the 11.4m households who currently have mortgages now stands at ~ £108,972.

Britain's interest repayments on personal debt were £67.5bn in the last 12months. The average interest paid by each household on their total debt is approximately £2,679 each year. According to PwC the average household will need to spend approximately 15% of net income purely to service the interest payments arising from this debt.

Average consumer borrowing via credit cards, motor and retail finance deals, overdrafts and unsecured personal loans has risen to £4,513 per average UK adult at the end of May 2010.

Statistical Sources - Unless otherwise indicated statistics in the “Total UK personal debt” section are calculated by Credit Action - primarily using the Bank of England's debt figures.

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leaving 626,643

 

allocated to small claims 91,767

allocated to fast track 50,228

allocated to multi track 25,947

 

 

That leaves 458,701 not accounted for.

 

Wonder what happened with those?

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2007/08 - Total claims issue in England & Wales

893,860

 

of which 267,217 were housing & recovery of land

 

leaving 626,643

 

allocated to small claims 91,767

allocated to fast track 50,228

allocated to multi track 25,947

 

Settlements after allocation

Fast track 39,041

Multi track 22,698

 

Cases heard

Small claims 51,896

Fast track 11,700

Multi track 4,177

 

Attachments of earnings granted 76,890

 

Appeals from District Judges 2,939

 

Hi MD,

 

All amazing stats. Do you mind if I make a tiny but polite observation?

 

This information (and Blondie, Car, Martin, Nodefuallts and Rhia's posts) is way too valuable to get buried on this thread, it desreves to be more accessible. What do you think about starting a new thread on this topic? Bet it would be v effective (i.e., provocative and mobilising!).....

 

Martel

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Hi Martel, can't add anything to your threads but following with interest and support.

Keep fighting!

 

Cym! Always great to hear from you!! Your support is much appreciated! Hoping all is well with you.....MX

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Bing!

 

New thread ;)


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Bing!

 

New thread ;)

 

Doh!! Well, I DID say it would be a good idea!!

 

Honestly, I must get out more. Or get around CAG more.

 

Will watch this one.....

 

Good for you!

 

MXX

Edited by Martel
misspelling

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Hi MD,

 

All amazing stats. Do you mind if I make a tiny but polite observation?

 

This information (and Blondie, Car, Martin, Nodefuallts and Rhia's posts) is way too valuable to get buried on this thread, it desreves to be more accessible. What do you think about starting a new thread on this topic? Bet it would be v effective (i.e., provocative and mobilising!).....

 

Martel

 

Excellent idea, and thank you car2403 (stops someone's thread being hijacked).

 

Wonder when 2008/09 figures will be available - bet they don't make pretty reading.

 

B40

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Credit Action | April 2009

 

2,262 Consumer County Court Judgements (CCJs) were issued every day in 2008

 

THATS 588,120 (going by working days)

OR

825,630 (if going by actual days)

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IMHO, I feel it would be best to enquire of the courts concerned which cases went to the claimant or the defendant.

You can then determine maybe which Judge is biased one way or tother.

 

The FOI request, is useful ( Ive used it in the US ), because it puts the officials to task.).

But it should be used sparingly and carefully worded to winkle pick exactly what information you want, so be specific if you ever use it.

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How about using these stats in a letter to our mp's.

 

All the talk is about austerity measures so surely it would save a fortune in legal aid/help bills and maybe the odd judge redundancy if it were made compulsory to include a verified copy of the agreement where a claim is base upon an agreement.

After all this is what cpr already states it just isn't enforced sternly enough.

Simples me thinks?

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