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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.
       
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      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
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      • 16 replies
f.in.debt

No reply to SAR - Then what?

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Hello cagers,

 

I have a default on my credit files, from HFO

 

I asked the credit file company CRA to remove, they said they cannot!

 

I requested a subject access request from HFO, they failed to reply within 40 days.

 

Now what can i do?

 

In the present mortgage enviroment this is stopping me from getting a mortgage, if I pay the alleged debt it will only be marked on my credit file as satisfied - so still will not be able to get a mortgage.

 

From reading other links I can complaint to information commisioner office, which will take 6 month PLUS. Is there any tempate letters? If so please give link or heading to search.

 

But what else can i do?

 

Thanks:-?


"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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PS who moved everything, I cannot find things


"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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Did you send the SAR recorded delivery


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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YES, checked with royal mail that the item has been recieved and even got 1 reply thanking me for the £10


"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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write back and tell them if they do not comply within 14 days you will write to the ICO.

can you say a little more about the debt and was it HFO Services you sent the SAR to.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Hi

 

Yes sent SAR to HFO,

 

the debt

 

Hfo Services Ltd (I) defaut date 06/07/2005 amount £280, account type communications supplier.

 

The ICO c letter, will it six months to get a reply? (or there about)

 

Im after a mortgage ASAP.

 

Thanks

 

This is from the information thats on the credit file, the email from the CRA say its from 3 mobile.

 

But i still with 3 mobile and have a current and satisfied account.


"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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Try contacting 3 by e=mail here and sort this out with them directly, I have done and the response is very very quick:

 

Executive.Office@three.co.uk


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Sent aquick email, giving an over view and the proceedures to correct.

 

 

Thanks


"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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In my own experience I did here back over the weekend, so fingers crossed for you,


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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If the debt exists or existed and has been recorded accordingly then a report to the ICO in respect of HFO not removing your details will most likely fail.

 

When you requested the SAR did you mark that the payment of £10 was specifically for the SAR's request and not payment on account etc?

 

Yes I would complaint to the ICO re the over 40 days limit and at the same time as this I would send a complaint to the Data Controller at HFO and enclose a copy of

your original request to them when doing so, it may just be that whoever opened your original request didn't action it in the way that it should

of been and as such the data controller didn't see the request.

 

If you are considering paying off the debt (negotiate with them for a settlement figure though ) you should try and make any settlement with HFO to include the

removal of the entry from your credit file and make sure that it is written in the settlement somewhere...you would need to be very specific on that part.

 

Please remember that if you do ask them for a settlement figure it could/would be seen as an acknowledgement of the debt so if at this point and pre your

sar request you are saying it's an alleged debt then proceed with caution.

 

As for a mortgage application failing on a credit entry on your file saying 'satisfied' I'm sure if you were to explain the circumstances or show the prospective

lender proof that you paid the debt off it would perhaps help them in reaching a decision, not all lenders will fail you on a 'satisfied' entry on your file and

some lenders may just increase the interest rate on your proposed mortgage agreement.


I reside in Dawlish Warren but am not a rabbit.

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Sent the email to the 3 executive as given, I got a phone call and a few emails from there office, requesting more info etc.

 

The end result - 3 have contacted hfO and requested they remove the entery of my credit file (this reply was in writting) Have not checked my files, but will soon.

 

 

Thanks


"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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Update,

 

I have in writing from 3 that no debt exists, they have asked HFO to remove the debt, HFO have refused!

 

I have now sent i compliant to the ICO,

 

We keep you informed of any progress


"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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Update,

 

I have in writing from 3 that no debt exists, they have asked HFO to remove the debt, HFO have refused!

 

I have now sent i compliant to the ICO,

 

We keep you informed of any progress

 

I would then report HFO to the OFT with your evidence.


US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Have you a email address or web link, as they deal with all sorts from the web site?


"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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Thanks for the reply, sent the info to enquiries@oft.gsi.gov.uk,

 

Below is a brief complaint about HFO

 

 

They have incorrectly registered

a default on my equifax credit report since 16-7-08 to present. I

have contacted the company (three mobile) they have alleged they

purchased the debt from, but they have stated in writing that no debt

exists. I have sent a subject access request to HFO 14-7-10 with a

postal order for £10, I received a reply requesting I fill there

application to process and acknowledging the receipt of the £10. I

completed the application and returned 2-8-10 (along with a copy of

my birth certificate). All letters have been sent recorded delivery.

Please see attached file with copies of post office receipts. Since I

have not received a reply from HFO. I have contacted the company

Three mobile to find out more information they requested the company

HFO to remove the default on my file. But they have refused.

 

 

 

They have change the default

address as I did not own the property I live at now ** ***** *******, *****

when the apparent account was default or date the account was opened,

as shown on my credit file. HFO has fabricated and data about me and

has made me unable to move house. The have ignored the duties and all

my rights.


"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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Thanks for the reply, sent the info to enquiries@oft.gsi.gov.uk,

 

Below is a brief complaint about HFO

 

 

They have incorrectly registered

a default on my equifax credit report since 16-7-08 to present. I

have contacted the company (three mobile) they have alleged they

purchased the debt from, but they have stated in writing that no debt

exists. I have sent a subject access request to HFO 14-7-10 with a

postal order for £10, I received a reply requesting I fill there

application to process and acknowledging the receipt of the £10. I

completed the application and returned 2-8-10 (along with a copy of

my birth certificate). All letters have been sent recorded delivery.

Please see attached file with copies of post office receipts. Since I

have not received a reply from HFO. I have contacted the company

Three mobile to find out more information they requested the company

HFO to remove the default on my file. But they have refused.

 

 

 

They have change the default

address as I did not own the property I live at now ** ***** *******, *****

when the apparent account was default or date the account was opened,

as shown on my credit file. HFO has fabricated and data about me and

has made me unable to move house. The have ignored the duties and all

my rights.

 

make sure you report them to the Information Commissioner as well as the OFT.

 

They are defaming you - AND stopping you getting a mortgage - would also hit them with a court claim for damages.

 

There is a leaflet on the ICO site you can download about taking companies to court for breaches of the DPA.

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Why does it not surprise me that this is HFO....non compliance with a SAR, refusal to remove a default despite a request from an original client. I would be getting them in front of a judge for non compliance with a SAR, making the judge order disclosure, then I would be taking them to court for the non existent debt which they have defaulted against you and serious compensation (which you wouldn't have to prove) I think along with other recent cases against HFO, then the OFT are likely to take serious action here.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Yes sent a report/complaint to OC and OFT, the above is my overview i have sent about the problem along with all supporting documents to support the claim, to make a claim for damages will the OC or OFT dealwith this, or will i need to make a court claim?

 

Dose anybody know as a guide, how long the OFT and OC will take to process? As is a court claim would be better with there findings.

 

And any guidance / template letters to make a small claims for defaming?

 

Thanks


"Don't give in to astonishment", which is exactly what you want to do. You want to go nuts with how crazy this is! :-)

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