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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.
       
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      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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middleaged

Mums Death and Debt

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Good Morning All,

 

My Mum passed away last week at the tender age of 53.

 

She had no life insurance and lived in a rented house - pretty much "hand to mouth"

 

I have been to the house every day for the last 10 days to visit my Dad and I have been opening the post and it seems that she was in a huge amount of debt, I have opened letters about 4 DCA s in the last few days.

 

Now my Mum was not one for caring about DCA's she had the attitude that if they could take her to court they would!

 

What I am wondering is, should I write to these DCA's informing them of her death and hope they write it off and my dad doesnt start getting harrassed? No one knows what they are for or anything.

 

What do you guys think, there is no mortgage and the gas and electric we paid by meter, she had a Attachment of earnings for the Council tax and the rent and TV Licence are paid by DD

 

Thank you in advance for any thoughts that you have

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Sorry for your loss.One thing is clear. NO-ONE else is responsible for your late mother's debt unless they were joint debts with her husband. Debts have to be paid from the estate, after reasonable funeral expenses. In this case, there is no estate, so no money for debts. DCAs are like vultures, and will, without exception tell you any old rubbish to get money from you or anyone else.You should write to them, recorded delivery and tell them, enclosing a copy of the death certificate. Telling them also, that your mother sadly died without leaving anything and that you will not enter into any further correspondence about the matter


I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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As Rameses says, the best thing is to send a letter to the DCAs. However, I would not enclose a copy death certificate in the first instance.

 

Try something like this:

 

Dear Vultures

 

I refer to your letter dated (date) addressed to my mother (full name), and write to tell you that my mother died on (date). The death was registered at (name of Register Office), from whom a copy of the death certificate may be obtained upon payment of the statutory fee.

 

My mother died intestate.

 

I regret that I am unable to assist further, and will not enter into further correspondence.

 

Yours faithfully

 

There is a leaflet entitled 'What to do after a death' which you can get from the Register Office or Funeral Director, that contains a lot of information you may find useful.

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So sorry to hear of your sad news. Not a time to be dealing with the likes of Debt Collection Agencies.

 

As each letter arrives, make yourself a list and then do as above. The list will help in reminding you who you have already contacted. Should they then continue to harrass you, you can Report them to the appropriate authorities through http://www.consumerdirect.gov.uk/contact

 

There is also some very helpful advice online here: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013093

 

Do not, under any circumstances be intimidated by their threats, and never respond to any telephone calls from them.


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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It was also be worth sending the letter to the original creditors that the debt was originally with. Most DCA's chase on behalf of the original creditor, so if you inform the original creditor of the situation, they should deal with this more professionally than any DCA.


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Sorry for your loss. You need to get hold of the council about the council tax. Your father is entitled to a 25% single ocupancy discount as council tax is worked out for 2 adults living in a property. The legislation is here section 13:

 

http://www.opsi.gov.uk/acts/acts1992/ukpga_19920014_en_2#pt1-ch1-pb4-l1g11


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Yes Scarlet Pimpernel's advice is spot on. Yes. I meant send a photocopy death cert, but Scarlet's idea is even better. I like his/her letter too


I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Hi

 

Thank you all so very much for your kind words and advice and helping me to think clearly.

 

I will go and buy a folder for them on Friday and copy the letter from Scarlet Pimpernel and send it off to each company as the letters come in.

 

Thanks again x

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