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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.
       
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      • 16 replies
twoman

halifax credit card v twoman agreement!

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Hi Caggers,

Ater ending off a cca request to halifax i have today received a so called agreement from them.I would appreciate somebody looking at it to see if it's enforceable and what my next step should be.

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It is an application form, I can see no prescribed terms, and no T&C.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Hi HUNFU,

I received under seperate postage last week a copy of "my reconstituted version of the executed agreement comprising both the original and current t&c."...their words.

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Hi everyone,

Any more advice on what i should do?

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Send the Account in dispute letter, they have not fully complied with your request.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Hi HS,

They have quoted in their letter that they will not correspond any further as they have fulfilled their obligations under CCA 1974.......

As what they sent me is titled application form can this be considered an agreement as it has my signature on it.It dates back to 1995.

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Hi twoman

 

They are well aware of what they sent, and have no further arguments for you so they just say that.

 

I would send the Account in Dispute letter, an Application Form is just that and they know that.

 

They may try a few more 'threats' but I doubt they will actually issue Court Proceedings, if they do, then is the time to get heavy with them, after the Account in dispute letter, the ball is in their Court and you can ignore their threats for now.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Hi All,

Had a response from Halifax...interesting.

They have stated that they sent me my reconstitued agreement & TC on the 19TH AUGUST!!!!!!!!!:confused:

 

Have sent the Account in Dispute letter and this is their response.

Any thoughts on what my next step should be please.

halifax cc 1.pdf

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"

01/08/10

 

Dear Halifax,

 

I am in receipt of your correspondence of 19/08/10.

 

I was most impressed with your inference that you have acquired a time machine. May I please borrow it so that I can travel back in time in order to avoid people like you?

 

I look backward to your forthcoming letter, dated 1st April 2056.

 

Yours faithfully..."

 

Seriously though, if they sent you something headed "Application" then it's not a CCA is it? Account In Dispute...

 

They say that there is no requirement for a signature or date on the agreement, yet they go on to say that "as you signed...dated...signature".

 

Something doesn't seem at all right here.

 

I think someone with more experience will be able to advise better!

 

Good luck :)


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Hi Hali,

In my first post i posted the application form which to be fair is my signature...but it is an application form.

Also did you notice their comment about the default on 2nd doc i've posted.

 

Thoughts!

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Well, they have your signature, but you do have copies of both the documents they sent.

 

If your signature magically appears on the second document, then you have proof that something has been tampered with and they're well and truly stuffed.

 

They say in the first PDF that they provided you with the original agreement - they didn't if it was just an application form.

 

As for the default - they state that they have no physical record of it, so they wouldn't be able to rely on it if it came to court. You have proof from them in writing that they don't have it, so keep that safe.

 

I may be wrong, but it seems to me like they're trying to scare you :rolleyes: but don't have enough to be able to carry out their threats.

 

I'd log on again tomorrow and see if someone with more experience than me is able to advise.


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Cheers Hali,

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Hi All,

After sending off the Acc In Dis letter as advised i have now received this on Saturday.

Also as in post 1 the form is an application form,can really be unenforceable?

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Bump......any advice caggers.!!!!

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Hi Caggers,

I've got BOS texing me and phoning me now but i am yet to answer them.

Should i continue to ignore them or is there something i should send them.

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Send them the "In Writing Only" letter by recorded delivery. Usual terms, don't sign it and send it by recorded delivery.

 

Here's the template:

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

PRINT NAME

 

As for the response letter you got, I'm not sure what to say about that. I presume that you can maintain that the account is still in dispute?


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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[/b]As for the response letter you got, I'm not sure what to say about that. I presume that you can maintain that the account is still in dispute?

 

I hope so.

Will send the letter though.

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Hi Caggers,

Receieved this from capquest this week.

Now bearing in mind i sent a letter to another DCA about this account being in dispute in Novemeber and had no response until this letter this week.

Any advice would be appreciated.

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Bump............

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Hi Caggers,

Received this from Wetcloths and partners (Nelson Guest) today.

Now it is an attempt to frighten me into phoning them but i ain't stupid.

It is obvious it's a letter sent by them and not NG but the post mark is Huddersfield,PO BOX 189,HD8 1DY,who's this?

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Hi Caggers,

Received this from Wetcloths and partners (Nelson Guest) today.

Now it is an attempt to frighten me into phoning them but i ain't stupid.

It is obvious it's a letter sent by them and not NG but the post mark is Huddersfield,PO BOX 189,HD8 1DY,who's this?

 

hi there i think the po box number is registered to a company called FAIRFAX SOLICITORS, MERRION STREET, LEEDS, LS2 8BX, TELEPHONE NUMBER 01138233898

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Hi Caggers,

Received this from Wetcloths and partners (Nelson Guest) today.

Now it is an attempt to frighten me into phoning them but i ain't stupid.

It is obvious it's a letter sent by them and not NG but the post mark is Huddersfield,PO BOX 189,HD8 1DY,who's this?

 

Hi Twoman

Has anything happened to your case or did it just die off?

Rgds.

radmm0

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It is Wescunz and Nelson Guessed operating from the same address. Better than Laurel and Hardy. Wesclots sent me a final notice saying they were going to take me to court and this could result in my ballcocks being seized. Two weeks later, NG sent a letter saying that their clients would offer me a 50% discount on the supposed debt if I agreed to pay in 10 days.

 

Too late, gentlemen, I have already awarded myself a 100% discount. File under ignore.

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Hi Caggers,

Well after a quiet period this has raised its head.

It appears Capquest have purchased this account.

Now the funny thing is they tried to collect on this a couple of years ago and were sent packing and now they have sent the letter attached.

Any thoughts on what to respond with as the letter appears on the face of it to be serious:lol:

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1747 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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