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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. 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    • 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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catkin417

Customer not paying my brothers invoice

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Hi

Not sure if this is the right forum.

Briefly :

My brother is a self employed agricultural contractor.

He carried out work for the customer in late 2009 and Jan 2010 and invoiced him.

He has carried out work for this customer many times and has always been paid.

However he still hasn't been paid for the work carried out as mentioned.

He has contacted the customer several times about payment to be told the usual either the cheque is in the post or i will pay some now and some next time.

This has never happened.

My brother spoke to him the other day and offered a compromise ie: let me have some of your beef cattle to the value of the invoice and i will even pay for the tb testing (when cattle are sold you have pay for tb test usually the seller) or one of your cattle trailers.

This was met with no i am not doing that. Brother says how do you propose to pay then he says maybe able get you £100 by weekend but would mean i don't buy groceries.Brother says not my problem end of the day money owed since Jan 2010.

He then says won't be able to pay until Jan 2011 when he sells some beast.

He owes about £1400.00

Would it be appropriate to now issue a letter before action giving 7 days to pay and if not issue through the small claims court.

Any advice? Tha.nk you

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Absolutely issue it via MCOL. (Money Claim on line) change the LBA to 14 days though.

 

Regards

Andy


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Thanks Andy will advise my brother.

He's not the worlds best businessman.

I said in future on all invoices he should say payment within say 28 days if not a reminder and then letter before action.

Thanks

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Has he got a copy of the invoice in question?

Attach it to the LBA and print it in red.

 

 

let me know how this transpires.

 

Regards

 

Andy


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Yes he has a copy of the invoice so no probs there.

Was going to put in the lba that my brother had sought to compromise but to no avail.Would that be okay or just keep it simple?

If he puts on future invoices payment within so many days , is payment due from the date of the invoice or when it is received by the customer ie 1st class post assume next day delivery?

 

Thanks

Catkin

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Yes he has a copy of the invoice so no probs there.

Was going to put in the lba that my brother had sought to compromise but to no avail.Would that be okay or just keep it simple? No stick to buisness

If he puts on future invoices payment within so many days , is payment due from the date of the invoice or when it is received by the customer ie 1st class post assume next day delivery? Date of the invoice

 

Thanks

Catkin

 

 

Andy


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Thank you .

Will draft a letter for my brother and get it sent.

Will let you know how we get on.

Regards

Catkin

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Catkin

 

Did your brother have any type of agreement in writing with this customer.

 

State this:

 

Mr (your brother's name) CLAIMANT

 

Mr (the customer's name) DEFENDANT

 

This Notice is served upon the defendant pursuant to Civil Procedure Rule - Practice Direction - Pre-Action Conduct rule 7.1(1) AND ANNEX A, 2, 2.1 AND 2.2

 

LETTER BEFORE CLAIM

The defendant's attention is drawn to ANNEX A Pre-Action Procedures Rule 3. To 3.6 AND Rule 4. To 4.4

 

State your claim.

 

Kind Regards

 

The Mould

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Hi The Mould

 

No written agreement ie customer is a farmer call my brother can you say come and muck spread so many acres of field or bale so many acres etc. Ie whatever jobs needs doing that the farmer hasn't man power to do .

My brother has even looked after his farm when he has gone on holiday.

The farmer has always been fairly good at paying even if it be a bit there a bit here.

But this time waiting for payment since Jan 2010 takes the biscuit especially when he hasn't even offered say so much now and so much later.

Its not just this customer there are others and my brother is trying to see if they can at least set up some payment plan with them if not looks like lba etc.

Not what he wants to do but he has to live and pay his bills. Although he does realise if he is successful in a court action then getting payment can be hit and miss ie ordered to pay so much a week.

Although there is something in the back of my mind if the farmer is a business you can apply for a winding up order. I donn't kmow.

Thank you

Catkin

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He has a customer that owes more than £10,000.00.

As you can see he is not business savvy!!

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Hi the Mould

Thanks for your initial response it refers to annex a pre-action procedures rule 3 what are these etc.?

 

Regards

Catkin

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Pre Action Protocol Catkin, the steps you should take before instigating litigation and that satisfies the Court you have taken the right steps pre litigation.

Not sure where agriculture fits into any PAP though The Mould will no doubt expand on what steps to take.

 

Regards

 

Andy


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Thanks for that Andy.

Perhaps the Mould can advise on PAP.

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