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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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      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.
       
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steamboiler123

University Fees Mess

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Back in 2005 I signed up to to a post graduate university degree for which I had to pay fees of about £4,000. I paid £1,000 up front and was supposed to pay the rest in 3 instalments during the year. For personal reasons I didn't do any serious studying after the first term and I didn't pay the rest of the fees due for the year.

 

Two years ago the uni obtained a CCJ against me for the fees and I paid off about another £1k but I haven't paid anything for a while.

 

I actually wouldn't have a problem in paying the balance of the judgment in a lump sum but I want to do so in a way that gets rid of the CCJ from my credit record as it's causing considerable difficulties.

 

One option would be to offer to make the payment in full provided that the uni didn't object to an application from me to set the CCJ aside. I don't know whether they would accept that sort of offer. If they did is there any way I could get them to bind themselves to do what they say they would do? Assuming they kept their word, would it be normal for an application to set aside (based on not receiving the papers) normally go through if the claimant didn't do anything or would I likely have to go through a hearing?

 

The second option is apply for a set aside anyway and let them contest it. The original claim documents were sent to a house I still part own but haven't lived at for a very long time. I didn't see them until after the submission date for the defence. I could have appealed at the time or applied to set aside since but as I mentioned, I accept there is a valid debt here and I'm happy to pay it. Incidentally I think I may have a valid defence against part of the claim because I understand that the claimant has a duty to mitigate their loss and the uni have gone after me for the full amount of the fees rather than their actual losses. Putting these two issues together, does anyone think I have a hope of getting a set aside?

 

It wouldn't bother me if I did get a set aside and the claimant tried to come after me again as I would simply pay the debt. The key thing here is to get this CCJ off my credit record.

 

Any thoughts?

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I don't think that you stand a snowball's chance.

 

It is difficult enough trying to clear credit records when you have the Right of it on your side.

 

You admit the debt. You have paid part of it. There is a CCJ which you have paid against. the CCJ is 2 years old.

 

I think that the chances of getting a setside are extremely remote at best. you would have to convince a judge that you have a reasonable chance of success if you are allowed to defend. You don't have a chance at all.

 

You suggest that the University might be prepared to clear your credit file in return for full payment. i doubt very much that they will be interested in dealing with you on that basis - but I suppose that it might be your best (only) shot.

Don't bother about the other ideas though


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Steamboiler - I agree with Bankfodder.

 

Mainly because you've stated that you started paying the amount(s) ordered by the court and are now in breach of the CCJ.

 

If you requested getting a setaside, considering your CCJ breach, I have a strong feeling that no judge would be sympathetic.

 

I think your best bet is to sit down, make sure you know exactly what you owe and speak to the University's accounts/finance office to see what their position would be should you pay the sum you owe in one go.

 

To be honest, I think you'll probably end up just having to pay the full amount and putting up with having a CCJ and a CCJ default on your credit file for the remainder of the six year period.

 

It's not great, but at the end of the six years you'd have a clean record and you'd not owe anything.


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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On the pint you have made that they have charged you more than their losses. You could be right - but given the other circumstances and given that the courts are very much more hard-nosed about thiskind of thing since the last year or two, I don't think that there is a lot of miliage in your position.


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