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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.
      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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Santander Litigation Problems

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Hi everyone...


My wife and I currently have a mortgage with Santander which we pay on an interest-only basis. Since being made redundant in December 08, it's been more of a struggle to pay the mortgage as I work freelance and work is far patchier despite a few good months. My wife has also since been forced to take a paycut due to the recession.


At the moment, things have taken a turn for the worse and I've just been informed litigation proceedings will begin on Friday (I only received the letter today, dated July 28th!) and I need to pay off the arrears of £2,600 immediately to avoid it.


If push comes to shove I can probably find the funds though it will be humiliating to ask friends and family. I am wondering, when I call tomorrow, what grounds I can ask to repay the arrears on. Is there a period of repayment I can agree to? I saw that other companies say you can agree to pay the arrears back in a 24 month period (on top of your regular repayments) - which would mean just less than £110 per month, which i could conceivably afford.


Does anyone know the terms of repayment one can negotiate with Santander in this window of opportunity before litigation commences?


Also, will the account having slipped this far harm me or my wife's credit rating?


Needless to say, I'll not sleep well with the phonecall to make tomorrow morning, so any advice will be gratefully received!


Thanks in advance.

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If Santender were to take you to court for repossession, as long as you can prove to the judge that you can afford to make the normal monthly payment and a chunk off the arrears, the Judge can rule that you can pay the arrears off over the remaining term of the mortgage.


TBH I know it doesn't seem like it to you, but that amount of arrears is not too high.


I would realistically offer Santender what you can afford to pay per month for the arrears and show willing. If you can only afford an extra £100 per month in addition to the monthly payment, then offer that.


They maybe willing to hold off proceedings, if you can offer a lump sum, when you ring them. If not then it shows the Judge that you have tried to resolve the matter without the need of the courts.


Do not however strecth yourself so that you are left short and in a position that you may struggle again though. You have to take into account what if they increase the monthly mortgage payment.

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If Santender were to take you to court for repossession, as long as you can prove to the judge that you can afford to make the normal monthly payment and a chunk off the arrears, the Judge can rule that you can pay the arrears off over the remaining term of the mortgage.


Hello. Thanks - I agree, the arrears aren't insurmountable so it's not the end of the world but I am certainly worried. I guess it's all in the call tomorrow.


There's no way I'll let it get to court though, I just wondered if anyone had experienced similar and how flexible Santander tend to be when you make an offer at this late stage.


Thanks for your help and reassurance :)

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I was in a similar position last year with Birmingham Midshires. They held off court action on the basis that I paid them £1500 there and then and then £1000 a month thereafter. This has now been fully cleared arrears wise.


We were also in a similar position this year, with a loan secured on the house and the Judge ruled that we only had to pay £200 per month off the arrears.


The amount of the arrears on this account means that it will take over 8 years to pay back. Court is nothing to be afraid of, if you can afford the monthly payments plus the arrears. It stops the OC calling the shots and gives you relief from worry.


Don't let them walk over you on the phone, offer a relaistic amount and if they refuse then let the court sort it out for you.


And stop worrying. We have all been through similar and survived. I know it's hard to see it today, but tomorrow you will feel better. I promise.

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I#m afraid that it is highly likely that your credit rating will have been affected by this

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Santander recently took us to court (all cleared now). They were completely unhelpful. Santander wouldn't speak to us regarding the arrears, always telling us it was with litigation, even getting a balance out of them was like getting blood from a stone. Solicitors wouldn't discusss an arrangement until the arrears were under £1,000 (we started at £3,500). Even when they were below £1,000, they wanted £150 a week to come to an agreement.


We managed to get an adjournment at the first hearing (in Jan), and by the time of the 2nd hearing (in May), we'd got the actual arrears (excluding interest and charges) down to £192. They still wouldn't cancel the hearing for that amount, then they didn't bother to turn up.


At least the monthly arrears fee stopped once it went to litigation. Had the 2nd hearing been sooner, I'm sure we'd have got a fairer deal than £150 a week.

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you could also reclaim any arrears charges as these may be unlawful. This should then bring down the balance.

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