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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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      • 16 replies
zosaphine

Hillesden Securities respond to CCA request with this...

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Hello

 

I'm helping out my friends Sister, as English is not her first language, and she is struggling with all of the things the DCA are saying to her.

 

She received a demand from Hillesden Securities for money owed to Barclaycard. I helped her with the CCA letter (using the template form this thread).

 

She received this letter over the weekend:

 

Dear Miss XXX

 

Thank you for your recent letter regarding the above account. I can confirm and advise the following:

    I Acknowledge receipt of your payment of £1 in onnection with your data request under the Consumer Credit Act 1974.
    • We are still awaiting a copy of your original agreement and statement of account fromt he original lender barclays. When these become available, they will be forwarded to you.
    • If we are unable to forward a copy of the riginal agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974.
    • We would like to draw your attention to the ruling in the cas eof McGuffick V RBS judgement dated 6 October 2009 in relation to "what is considered enforcement", the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement. We will continue to report the account status to the Credit Reference Agencies as this is also not considered enforcement.
    • Whilst we may not be able to enforce the agreeement until the documentation is provided, the monies remain outstanding and the underlying obligation to repay remain intact. In view of the above judgement the account will remain with our collections department for collections activity to continue.


 

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no further developments beforehand.

 

Yours sincerely

 

Squiggle (totally illegible).

 

DATA CONTROLLER

 

(No name given as to who this may be).

 

Advice please?

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Got the exact same letter from them. About 2 weeks later received a torn of slip with my signature, some random statements (showing that it had been sold) and 5 pages worth of T's & Cs which had nothing to do with the torn off signature slip.

Ive asked on the board here if what they supplied was enforceable but I havent had a clear indication of it yet.

Ive sent a new later to Hillesden/DLC basically arguing that they have sent a reconstituted agreement and that my account is still in dispute and unenforcable. Mind you I have also tried to chance my hand at a final settlement figure so long as they remove all details registered against me and mark the account paid in full.

In your case I would wait to see what they come back with. Hopefully they have nothing, but should you get something back, scan it and post it on here (minus any personal details) and Im sure that somebody more informed than me will advise

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Hi

My friends sister today had a response letter from them stating:

 

"At date of agreement of the account was not regulated by CCA 1974, and therefore no copy is available"

 

The sent lots of statements, and then threatened further recovery action as statements were proof..

 

Advice please..

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If this is barclaycard.the agreement will be regulated by the cca 1974

 

dlc are talking out of there backside

 

no agreement is no debt

 

just ignore the cretins

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There is a letter I would suggest sending, however, I am having horrific computer problems at the moment so do not have access to my links.

 

Basically what they have send satisfies your CCA request according to the case they have quoted. However, as they have 'tried' to fob you off with various very poor excuses, nevertheless that is as good as admitting there is no paperwork available to enforce this debt in Court, and as such, until they produce the correct documentation, the account is in dispute and should not be persued. Hopefully someone will have access to the OFT guildelines which you can quote back to 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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Hiya, does the Consumer Credit Act 1974 cover Barclays current accounts and the overdraft facility?

 

Many thanks.

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No, current accounts and overdraft are not completely covered by CCA so cannot be challenged in the same way.


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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