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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.
       
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      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
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      Thanks for reading 
      • 16 replies
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Hi, this is the first time I have posted but I have read some good responses to other peoples queries so I thought I would give it a go...

We are NZ'ers living in the UK and working on contract. We signed a tenancy agreement (common law as above 25000 per year in rent) for a fixed period of 2 years with an outclause after the 6 month mark as long as we gave 2 months notice. We have been here 1 year and 8 months and are leaving to return home in September and have handed our notice in only to hear that the clause in the contract we signed states we must leave in the first 6 months only by providing 2 months previous notice. This was never our intent as we could never commit to the full 2 years and we believe the agent has conned us as he knew our intent. We are now afraid that he may take us to court and we wont even be in the country to represent ourselves. We are also nervous about how this will affect us if we ever wish to come to the UK on holiday or whether it could follow us to NZ. Extremely stressed out!:mad:

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First, let's see the clause so that we can have a go at deciding what it actually says.

 

Secondly, if the clause does have the effect the agent says it does that is not necessarily fatal. You do though need to show what was intended, and that may be difficult if there is nothing in writing.

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The break clause states:

If either party shall desire to determine the term hereby granted on the 30th day of April 2009 the person desiring to determine shall give to the other party not less than two months previous notice in writing of such desire and (in the case of determination by the tenant) shall up to the time of such determination pay the rent and reasonably perform and observe the covenants on the tenants part hereinbefore reserved and contained then immediately on that date this agreement and everything herein contained shall cease and be void but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of covenant.

 

The date mentioned is the 6 month mark of the tenancy so I think the problem is the word 'previous' and the fact that it is stated on this date , not on or after. Unfortunately we didnt pick up on this at the time, as we trusted the agent and thought we all understood the intent. We only had discussions around this, nothing in writing. The only thing we do have is a draft one of the contract which clearly stated our intent but the agent then changed this and we signed this second contract. Appreciate your feedback...

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Another clause which scares us is this:

The landlord and tenant agree that;-

If the said rent or any part thereof shall be in arrear for at least seven days after the same shall have become due (whether formally demanded or not) or if the tenants shall commit a breach of any of the several agreements and stipulations herein contained then and in such case it shall be lawful for the landlord at any time thereafter to re-enter upon and take possession of the premises and of the said furniture and effects but without prejudice to the other rights of action which the landlord may have to recover all such rent in arrear and damages in respect of any breach of this agreement.

I believe he would need to go to court before taking possession but because we are on a common law tenancy agreement, I am not 100% sure...

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It's certainly not legal for a landlord to take possession of furniture and chattels without a court order in an assured tenancy (which yours will become on October 1st) and I doubt if it is even under a common law tenancy.

 

If what you say is accurate, then it seems clear that your draft agreement said, "on or after 30th day of April 2009" and the agent, either deceitfully or inadvertently, omitted the "or after" in the final document.

 

I advise writing to the agent (keep a copy) with a copy of the draft agreement saying that you assume at present that the omission was inadvertent and you expect them to accept your notice as in the original intent, but that if they try to enforce the full term, then you will oppose then vigorously and allege that the omissions was deliberate and deceitful.

 

You are only talking about a two month shortfall so they will probably give up when faced down. The only real problem is if you have given them a deposit and they refuse to return it. In that case, take the initiative and threaten to sue, issue a pre-action letter, start an action if necessary. They will almost certainly climb down.

 

Don't be stressed out, there won't be a judgement against you, if there were it couldn't follow you, and it most certainly wouldn't have any bearing on you returning to the UK.

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I think you will find that a common law tenancy is the terms of the contract as signed by both parties. There is not the same protection against apparently unfair clauses in a tenancy contract under common law as there is for tenants covered by an AST. The fact that they changed the wording in the final contract does seem like sharp practice.

 

The wording of the break clause in some ASTs has the same effect as that in this contract (e.g. the break clause can only be exercised AT 6 months and if not used at that time, the AST remains in effect until the end of the fixed term).

 

Great advice from Webranger! I concur with everything he/she says.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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