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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.
       
      The cost of the items was about £40.
      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
caledfwlch

Heart Attack & Disability Discrimination?

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Hello, I am trying to find out some info, as earlier this year, my mother and stepfather were running a pub and my mum had a fairly serious heart attack - when my stepfather rang up obviously in a state to tell the owners that he wouldnt be able to open for the afternoon at least, as his wife had been rushed to hospital and he was obviously going to be following her, the owner told him in just about these exact words "you better open this afternoon or you will be sacked, she is going to die anyway, so why bother going" and hung up. My stepdad went to hospital anyway as you would, and got a phonecall later that afternoon telling them they were both sacked.

 

They had only been there a couple of months, but would these circumstances actually count as disability discrimination, as she was sacked for a health problem? They did contact ACAS who told them they were not interested and refused to help or advise in any way.

 

Her GP has told her she is not fit for work.


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Hi caledfwich.................... I am pretty sure that this is direct disability discrimination against your mother and disability RELATED discrimination against your father and possibly victimisation. Anyway it is appalling behaviour and should be challenged.

 

My concerns with what you have posted is in the words "earlier this year" as these issues are time related to 6 months in an Employment Tribunal. When exactly were they sacked as that is the date when the tribunal time starts. Next if you are in time you need to start proceedings asap and hopefully your M & D have access to legal advice eg union or legal protection insurance. Best you look at Home contents policies etc.

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I disagree slightly with the post above I'm afraid. Serious a this event was, it is highly unlikely that it would be a case of discrimination as defined by the DDA. For this event to have been covered by the DDA, the condition would have to have been a serious and long-term condition prior to the heart attack itself, and the employer would have to have been aware of the condition in order to make allowances and adjustments. From what you have said this was a sudden onset incident.

 

What you would seem to have here is disgraceful behaviour on the part of the employer, but in terms of what your mother and stepfather can do will, I believe, lie in the nature of the contract that they were working under, so it becomes far more complex than a case of discrimination. Were they employees or tenants? Were they working under a contract of employment? How long had they been employed for? What was in the contract relating to sickness absence? Were they responsible for staffing the establishment? These are all factors.

 

A more likely area to explore would be that if an employee, your stepfather would have a legal right to time off for the care of dependants, and dismissal for asserting that right could make that dismissal automatically unfair. As previously stated though, except in certain circumstances, remedy through an Employment Tribunal is subject to strict time limits (3 months which may be extended to 6 months).

 

As you will probably already have gathered, this would be a complicated matter and it is unlikely that there is a simple answer, so legal advice if you still feel that there is a case would be a must.

 

I do feel sorry for your family though - this sounds absolutely appalling, and whatever the outcome they have my sympathy.


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Sidewinder..... I agree with you when you say it is a complicated matter and caled fwich should take legal advice and to do so quickly. Under the DDA the condition is also covered if the disability is likely to last 12 month or more into the future too. So I am supposing that a sudden and severe heart attack could well have been covered as the recovery from such a serious condition could in fact affect the rest of your life. It is reasonable to suppose that the husband of a disabled person would become a carer and therefore going to assistance could be viewed as related to a discrimination should it occur.

 

The threatening statement of the employer and subsequent action in my view could also be victimisation as a dismissal could well be subject to proceedings in the ET and the action to dismiss just crystalises it.

 

In any event the timing is very unclear and proper legal advice advised.

 

I hope your Mum is recovering well.

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