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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
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I got home tonight to see an excel ivil enforcement ltd note pushed through my door saying that they today seized my car.. I have no idea what this is for, there is no reference number on the paper, nor is there any mention of what its for? It just says HMCS-02....

 

It says that the warrant was for £250 and due to their call out today it is now £485.... they added £235 to call out today. I really have no idea what its for, but prior to speaking to the bailiff i thought i would seek the advice of people on here.

 

The letter says i have 5 days to pay in full before the car is collected and the debt will increase substantially due to the collection of it

 

 

Any help advice be it good news or bad will be appreciated.

 

Thanks

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forgot to add that the car they "seized" today is not my car and its my partners. The car is still outside the house, can they seize someone elses car for my debt?

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On the point of the car, they cannot seize a car that doesn't belong to you. As the car was in your driveway he will assume that it is. If the car is registered in your partners name then they should cecknon the DBMS to make sure otherwise if they tow it away turns it's theft and you can report to police. Their charges sound high and as they have done an illegal levy then they cannot charge for it.

 

Your next step is to try and find out what the debt us for, donanchecknin your credit report and you might find out, experian and equifax all

Let you have free trials sonsign up and can before they take money. Try and always use letters an keep detailed reports if times they cone and do not speak over the phone, read the top thread about what they can charge etc and what their and your rights are.

 

Someone will be on with better info than me, it's only stuff I picked up on here.


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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well its either a council parking ticket or a speeding fine

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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council parking ticket, found out today. Can they really add £250 for calling round on a friday between 9-5 when i will obviously be in work? seems unfair as they have already put the price from £70 to £235

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Its my understanding that before they can recover a parking charge (which is civil) the claimant would need to have been awarded a CCJ (county court judgment) If its a speeding fine that's different as the unpaid magistrates fine is sufficient for them to impound you vehicle. Also their documentation will almost certainly show the correct reg & if the vehicle in your drive doesn't match then their extra charge is invalid. Also they have probably knowingly threatened to take your partners car in the hope you'll panic & pay up

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Look at sticky post 2 and 8, one about levy on someone elses car and also what they can charge


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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As the reference on the paper started HMCS I would suggest this relates to a Magistrates Court fine (which excel do collect) rather than Council Parking ticket - Are you sure this is right????

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the actual reference is WMC231935 the paper this reference is on has a printer reference on it of HMCS-02 although i assume this is the same paper they would use for anyone they pass this note through the door of. The fine due was £250 and they state that they have added £235 for enforcement costs.

 

Also there is a box on the paper handed that says time called, but this has been left blank. It just says they called on 27/08 and there is no name for the bailiff who called.

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does anyone know if the fee of £235 is allowed? I tried reading through the stickies as well as other peoples forums but couldnt work out if there was a limit on an enforcement cost?

With a pregnant partner at home, i dont really want to "anger" a bayliff who could cause a lot of stress for my partner, but at the same time dont want to pay them £235 that they shouldnt legally be asking for.

 

Thanks

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well that thread would seem to mean the fees would be ok if they were added up over the 3 visits that "could" have been made, however the amount owed was £250 prior to the visit and they added £235 on for that visit. What i need to know is before ringing excel, what sort of things should i be saying to them, or what am i allowed to ask for etc?

 

Thank you all those who have replied and taken the time out of their days to try and help me, its appreciated

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Sorry to be the bearer of BAD NEWS but this would almost certainly appear to be an unpaid MAGISTRATES COURT FINE. Unlike a normal parking ticket this is most likely to one that has been issued in a part of the country that has not as yet opted for "decriminalised" parking and it is therefore considered a CRIMINAL offence.

 

Excel Civil Enforcement together with Swift Credit Services have been awarded the HMCS Contract for Wales and the surrounding regions. I am therefore assuming that this is where you live.

 

Under the Contract, HMCS have agreed that they can charge an Admin Fee of £75 TOGETHER with a one off visit fee of (I believe £175).

 

HOWEVER they CANNOT levy against a vehicle that is not owned by you.

 

If you have no idea what this relates to then you need to urgently contact the local Magistrates Court and provide them with the reference number and from this they can see where documents may have been sent. If you had NOT received the original documents then you can file a Statutory Declaration. This will cancel all enforcement.

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Under the Contract, HMCS have agreed that they can charge an Admin Fee of £75 TOGETHER with a one off visit fee of (I believe £175).

 

 

The contract doesnt say the £75 fee (or any other fee as to that matter) is charged to the debtor.

 

Read the terms of the contract, the fee is deducted from the amount the debtor has been fined and the bailiff pays the balance to court.


Professional property investor and conveyancer

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Is your wife heavily pregnant?

Under the national standards of enforcement agents it would seem that your household is classed as potentially vulnerable.

read here

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That is not according to the Contract that I have a copy of.

Can you provide any further details?

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