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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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sequest

Citi and Cabot

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I requested copy of agreement under S77/78 from Citi in late 2008.

No agreement was forthcoming although they did send a copy of their current terms and conditions Approximately 6 months ago I also sent a request under CPR 31.16 for copy of executed agreement.

I received a letter referring to my S77/78 request to say they were investigating matter and to give them 8 weeks. This passed without any agreement being forthcoming until last week when a reconstituted

agreement was sent, not a signed executed one.

 

In the meantime my account was passed to a DCA for collection.

I informed them that the account was in dispute but they still pursued the debt.

In July, while the account was still in dispute, the account was assigned to Cabot and an enclosed letter from Cabot states they have BOUGHT the account from Citi.

 

Does this constitute an illegal termination?

Edited by sequest

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was there any DN sent prior to this?

If the dates or amounts were incorrect, then its possible to accept their termination.

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Hi bazaar.

 

Thanks for response. I have not received a DN.

I was not sure if a termination occurs when the OC sells the debt on. Furthermore, the debt was sold on when the account was in dispute and was acknowledged to be so by Citi.

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so it is still in dispute and they appear to have terminated

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if the account was definitely sold as absolute assignment, then it must have been terminated, so youve accepted that termination,

they cant ressurect it.

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The letter informing me that the account was sold to Cabot came at the end of July, when the account was still in dispute, as Citi had failed to supply a copy of the agreement. A 'true copy' of the agreement was only supplied last week.

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OK, so they havent actually started court proceedings?

So SAR the original creditor, be specific and ask for executed agreement along with FULL account history and statements etc.

You can always write to cabot and tell them the account was in dispute with OC and they have now terminated the account by selling it on. So deny owing them any debt or rights on it

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Thanks bazaar - will do.

No - they have not started court proceedings.

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great, post back as soon as you hear something GL

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Hi,

Depending on how old this account is will dictate what you get back from Citi. They are notoriously bad at supplying info

 

Highly unlikely you will get a copy of your original agreement, terms and conditions and account history.

 

Citi are also very bad at giving DCA's any information. Any Notice of Assignment would have (in all likelyhood) come from Cabot.

 

I am 2 years down the line now waiting for Citi/Cabot to supply my agreement-not even a reconstituted pile of poo:|


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I had to wait nearly 2 years for a reconstituted agreement, so I really wouldn't expect too much from them, certainly not a copy of an executed agreement.

Edited by sequest

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took 16 months for 1st credit to supply my recon aggreement just pages and pages of T & cs no sigs..Citi sold to them ..had a notice of assignment but came in a 1st cred envelope Mmmm lol

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UNLAWFUL RECISSION

 

I have been checking through correspondence and have found a Default Notice and Letter of Termination.

The DN states arrears which are incorrect because they included interest which should not have been added due the Account being in dispute.

The Termination letter also states incorrect amount due for the same reasons.

Furthermore, the account was sold on whilst still in dispute.

 

Can someone please confirm if this is Unlawful Recission and, if so, should I acknowledge this.

If it is unlawful recission and my next move should be a letter of acknowledgement, can someone please show me where I can find an appropriate letter to write. Should this be sent to the DC or the OC, or both.

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Morning,

I have been checking the CCA 1974 and all I can find is that they are not allowed to enforce the agreement while the dispute endures. It says nothing about not adding interest and charges. Hopefully someone else can help my knowledge on that.

 

Since the dreaded McGuffick case, anything short of an actual judgement is not classed as enforcement


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Under CCA 74, while an a/c is in dispute:

You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

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