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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.
       
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      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 
      • 16 replies
kekeeler

Is there nobody who can help with set-aside issues.....

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Hi,

 

received advice from this forum about applying for a CCA and then applying for a set-aside
link3.gif
which I did last Friday (13th July 2010). Received a letter from the court today:

 

You application to aside a statutory demand

 

The court has received your application to set aside
link3.gif
a statutory demand. Your application will not be given a hearing date immediately. It will first be referred to a District Judge. If the judge considers that your application shows no cause for setting the demand aside. your application may be dismissed
link3.gif
. If this happens you and the judgment creditor will be told.

 

If the district judge does not dismiss your application on first consideration, you and the judgment creditor will be sent a time and date when the application will be reconsidered.

 

Yours faithfully

 

Is this standard as I've never done this before and don't know court procedure? I was advised by some people on the forum to seek a set aside
link3.gif
, despite having had a written letter from the debt collector
link3.gif
(Connaught) stating they'd formally withdrawn the stat demand, just to make sure they couldn't execute it within the 14 months.

 

Have I just dropped myself in it further?

 

Would appreciate any help for those who've been in similar circumstances...

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Hi,

 

received advice from this forum about applying for a CCA and then applying for a set-aside
link3.gif
which I did last Friday (13th July 2010). Received a letter from the court today:

 

You application to aside a statutory demand

 

The court has received your application to set aside
link3.gif
a statutory demand. Your application will not be given a hearing date immediately. It will first be referred to a District Judge. If the judge considers that your application shows no cause for setting the demand aside. your application may be dismissed
link3.gif
. If this happens you and the judgment creditor will be told.

 

If the district judge does not dismiss your application on first consideration, you and the judgment creditor will be sent a time and date when the application will be reconsidered.

 

Yours faithfully

 

Is this standard as I've never done this before and don't know court procedure? I was advised by some people on the forum to seek a set aside
link3.gif
, despite having had a written letter from the debt collector
link3.gif
(Connaught) stating they'd formally withdrawn the stat demand, just to make sure they couldn't execute it within the 14 months.

 

Have I just dropped myself in it further?

 

Would appreciate any help for those who've been in similar circumstances...

 

Sorry you haven't had any replies so far, probably because of holidays etc, so I'll try to help. Did one of these for my daughter and the wording does seem a little different from what I remember but maybe this is because the court is swamped by SD's from the likes of DCA's like Capquest! Did you set out the reasons for the set-aside as prescribed? I see that you have provided a link but can't access it, try posting on photobucket or tinypic imaging sites. Did you have it sworn in at the court?

 

It may be that is because Connaught have stated that they'd formally withdrawn the SD, but you had no choice in the matter as these DCA's often say this and don't do it so you haven't dropped yourself in it at all.

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Thanks for the help. I had a rather lengthy set-aside affidavit with text supplied by one of the CAGGERs (http://www.consumeractiongroup.co.uk/forum/showthread.php?272095-Received-an-interesting-SD-cancellation-letter-from-Connaught-Collections-Advice-please&p=3079807&viewfull=1#post3079807) which covered just about everything including legal examples. Had it sworn in court on Friday.

 

I rang the court yesterday to ask if a letter from the creditor formally withdrawing their SD was enough to cancel the set aside application and they said it was and to forward them a copy of the letter referencing the set aside case number. They then said this would be recorded against the case so hopefully the set aside will be cancelled and the reason will be officially recorded on the case file. This will cover me legally should they try to move forward with the Stat demand.

 

Thanks for getting back to me.

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Thanks for the help. I had a rather lengthy set-aside affidavit with text supplied by one of the CAGGERs (http://www.consumeractiongroup.co.uk/forum/showthread.php?272095-Received-an-interesting-SD-cancellation-letter-from-Connaught-Collections-Advice-please&p=3079807&viewfull=1#post3079807) which covered just about everything including legal examples. Had it sworn in court on Friday.

 

I rang the court yesterday to ask if a letter from the creditor formally withdrawing their SD was enough to cancel the set aside application and they said it was and to forward them a copy of the letter referencing the set aside case number. They then said this would be recorded against the case so hopefully the set aside will be cancelled and the reason will be officially recorded on the case file. This will cover me legally should they try to move forward with the Stat demand.

 

Thanks for getting back to me.

 

Thats great, I can see it now and well done for taking the iniative to ring the court, looks like you covered every angle, looks unlikely but if it does go to hearing don't forget to send your costs into court 24 hours before hearing.

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