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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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aljami16

Significance of price

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Hi all

 

Having done letters (3) and a letter before claim (following advice in Patricia Pearl's excellent book) without response from the dealer I have now reached the point where I will submit a claim (for a defective car).

 

My question is that SoGA says price is taken into account. I paid what I considered a good price but how is that to be determined? For example getting a price from the online Glasses guide (traders' bible I believe!) gives a price a bit more than I paid. BUT, if I do search of completed listings on eBay the average price for my car is significantly lower that what I paid.

 

I've done this for several cars as a matter of research - always with the same result - ie actual selling prices on eBay significantly lower that Glasses Guide!!

 

How will a court determine the right price for a car in a particular condition? Can I show that I paid over the top by showing actual eBay prices?

 

Thanks for any help.

 

aljami16

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Brief answer is no. It depends on many other factors as well. You cannot compare like for like prices unless the car is like for like. Glasses relies on many different sources of information to give a guide to the trade price trade price. E bay is reliant on what people were prepared to pay.

 

Might help if you gave car, year mileage and fault which you are rejecting on details.

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Hi

 

Thanks for your reply. Yes, that makes sense - I just thought that whereas Glasses is a guide eBay prices reflect facts.

 

Thanks again

 

aljami16

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Would you like to give us some more details of the problem aljami ?

 

The significance of price is nothing to do with you paying too much or if the car was worth it, it is saying that you cannot expect as nice a quality car in terms of worn carpets, bodywork damage etc in a £300 car as you would in a £3000 car.

Edited by Conniff

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Hi Conniff

 

It's more of a general point. How does a court decide what is the right price for any given car, taking into account its age, mileage, condition, etc?

 

It seems important (maybe) because a dealer can say he sold it a low price so what do you expect. Or a buyer can say he paid a fair (good) market price. It seems relevant because the SoGA says so.

 

I am not talking about huge differences such as £300 v £3000 but , say, £3500 and £4000 and where repairs would cost, say, £500 - £750.

 

Perhaps it's all nit-picking on my part!

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I can see what you are saying aljami. Essentially, as I understand it, a court relies on what would be reasonable from a reasonable person taking into account the evidence placed before it. This decision would be made on precidents set from previous cases and the laws applicable at the time. It could, and does get quite complex. It is a very interesting question though! Some of of the more legal orientated bods will comment.

 

However, given the figures you suggest, without knowing the full details makes it difficult to give a considered opinion as to what is right and wrong so to speak or to any advice in relation to what a court is likely to take into account.

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It's not nit picking, but if you want to tell us what the problem is, then we will see if we can assist you.

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Hope that court does not rely entirely on Glasses Fictional Novel!!!!

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Hi

 

Quite! That's partly why I am trying to understand on what basis a court arrives a proper selling price. It's obviously important.

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As I said before, the courts don't consider a proper selling price, they aren't interested in that. In there eyes, if you paid £1,000 more than it is quoted in Glasses, then it's because you thought it was worth that much. It's of no interest to the courts at all.

 

The 'price paid' is considered only in what 'quality' you can expect. You wouldn't expect a £10,000 car to have a leaky radiator, but you wouldn't be surprised it that happened on a £200 car.

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