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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 
        • Thanks
      • 16 replies
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I've only just found this forum, although have had my problem for years, as you'll read about. I'll try to keep it as short as possible.

 

2001/2 - my husband left me and my two children when we lived in Scotland. He worked abroad (and still does, as it transpires), but when he left initially there was no further contact and no one could trace him. He left lots of loans and debts behind - as I wasn't working at that time, and he was quite a violent person, so forged my signature on a lot of documents. I did visit a lawyer in Scotland who advised me that I'd need to go to court to try and get some maintenance, which happened, and I was awarded £1150 per month - that was on 2003 - but not a penny has been paid of that.

 

Eventually our marital home was repossessed and to save the children seeing that happen, I moved out and into rented property for a few months. After four months, I had the opportunity to move to England and start afresh, which I did.

 

Roll on to 2010 and I'm still being sent letters from debt collectors - I have never contacted any of these people by phone or letter, as I wasn't sure that if I did that, it would mean I was acknowledging the debts.

 

During the time of the separation, I wasn't able to get a divorce from him, due to the fact he couldn't be traced and the legal experts kept telling me I'd need to be able to give an address for him in order for the petition to be served on him. They also said I'd need to take out an advert in national newspapers to prove to any judge that I'd taken every step possible to try and trace him and it would cost around £5000!

 

However, during the past few months, he suddenly appeared and sent a friend request to my daughter and son on Facebook, just out of the blue after all these years - no message at all, just a friend request! The children didn't want to accept him. I got a friend to add him to their Facebook, and it transpires that he's working and living in the Middle East and has a new wife and children!

 

My lawyer was all set to presume him dead, however this has now changed everything as regards the divorce! She said it would be best to try and deal with the divorce side of things first and get him to agree to it, then try and get some of the outstanding maintenance from him. There's also an amount of £3200 due to us from the sale of the repossession, however the mortgage company wouldn't let me have it, as they needed his signature, but no one could find him at that time!

 

Today, another 4 letters arrived - this time from a company in Edinburgh, and it was for four Sheriff Court Summary Warrants, apparently for outstanding council tax. Some of the other letters that I've had are from various other companies, which I'm not sure I can mention on here. They've also started hassling my by phone, although I've never answered their calls, they do leave messages on the answer machine.

 

I didn't go for bankrupty before now, partly becausse I couldn't afford it and partly because I'm so scared of it all.

 

I wonder please if anyone could offer any advice on my situation as it now stands? What will happen with the Summary Warrants?

 

Sorry if I've not explained things in enough detail, but I will be pleased to answer any questions.

 

Sally

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Hi Sally...i'm sorry to hear of your situation. It sounds to me like a lot of his/your debts are barred by statute. If you are now living in the UK then it becomes statute barred if you have not made a payment towards or acknowledged the debt in 6 years. (If you were still living in Scotland it would be 5 years) There is a letter here that you would need to send recorded delivery - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

As for the warrants i'm not knowledgable on Scottish Law, but i'm wondering if they can enforce these in England (hopefully someone will know)....I will move this thread to the Scottish forums where hopefully you will get some more direction / advice.

 

You may also find it useful to contact the National Debtline, who's advice is free, confidential and impartial - National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

 

I also hope you manage to get an address for your ex !!


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Hello 42man

 

Thank you for taking the time to reply, it's much appreciated.

 

I was wondering too about whether the Summary Warrants would be enforceable now that I'm living in England.

 

I have indeed emailed the National Debtline people, just waiting for a reply from them.

 

Oh the solicitor does have an address for my ex - in the Middle East!

 

If anyone else can offer advice, I'd appreciate it very much, thanks again.

 

Sally

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how can he be married if he has not divorced you yet?


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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how can he be married if he has not divorced you yet?

 

Well, he said he was, but who knows if it's true - if it is, then he's a bigamist too!

 

Sal

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