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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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drees5761

statute barred: how to tell?

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Is there a way of telling if a debt is statute barred?..i know its six years but sometimes its difficult to remember when or if a payment / contact is made with a creditor. If the debt is not on your credit file does that mean its statute barred?

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Send a SAR request to the OC (NOT any DCA chasing you). It will cost 10 GBP.

 

DO NOT ACKNOWLEDGE THE DEBT EVEN IF YOU HAVE MADE PAYMENTS IN THE PAST as this starts the clock ticking again.

 

Once the debt is SB'd then thats it -- 100% defence at law FOR EVER.

 

SCREW the CRA's -- I HATE them almost as much as the DCA's -- or in fact EVEN MORE since there is TOTALLY NO TRANSPARENCY over what happens when people refer to your CRA and there appears to be no limit to the amount of data they can supply to 3rd parties.

 

I'd LOVE to get one of these bozos on breaking something in the Data Protection acts -- but I suppose as they collude with the Banks there will always be some reason why THEY get away with it but we would be stung with a prosecution and / or a heavy fine.

 

Cheers

jimbo

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Hi,

 

If you check you credit file and something is not there that doesn't mean that no debt exists - it may just be that it has never been recorded with that credit agency.

Are you saying you've checked your file and this debt has dropped off or are you not sure.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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It is six years since the last PAYMENT has been made on your account, not the last contact, if that was true then no debt would EVER become statute barred as all the creditor would have to do is write to you....

 

If the payment was made under duress (ie they kept phoning up and you paid to get statements which didn't arrive) or they CANNOT prove that the payment DID come from you or your representative then it is the preceeding payment which counts (had this in a case recently, DCA had used a strange payment of £3.75 and claimed it was from the alleged debtor, alleged debtor was able to prove without question of doubt their whereabouts the day the DCA claimed they contacted and got the payment!)

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Is this last payment to the original creditor???? If it is then mine is statute barred surely... bollocks!!! and Ive just sent Hillesdens an offer!!!

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It's the last payment on the account to whoever, but if the debt was stat barred then it makes no odds if who or when you pay after that, it's still stat barred.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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So long as there is a period of 6 clear years between payments, then this last payment/offer was a 'gift' not an acknowledgement.


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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So long as there is a period of 6 clear years between payments, then this last payment/offer was a 'gift' not an acknowledgement.

Its ex-gratia and I mentioned in the offer that it was not an acknowledgement

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The thing about payment under duress... how would this work? Ive noted that that there was a payment to DLC made after being threatened that goods would be removed from my parents house

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The thing about payment under duress... how would this work? I've noted that that there was a payment to DLC made after being threatened that goods would be removed from my parents house

 

There you go, you've just answered your own question, that would be a prime example of getting payment by duress, plus, exploiting the debtors lack of knowledge, obtaining money by deception, psychological harassment & intimidation to name a few!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks... so this could equate to it being statute barred in May 2011. The default was logged in Dec 2005 so that will come off in Dec 2011. Still need to make sure that what they sent me isnt enforceable

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Defaults are usually entered one month after the last payment or activity on the account in question, so it will be a safe bet that 6 years (5 in Scotland) from the default date the debt will be SB, any activity on the account, either by payment or acknowledgement that the account is in fact owed blah blah blah, resets the limitation period to zero and the time starts again. However once the limitation period has run it's course, nothing niet nadda can ever restart the clock.

:behindsofa: hello BB..


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Last payment on account was May 05. A default was entered by MBNA but was later removed after the debt was sold to Hillesdens who then entered a default on Dec 05, which doesnt make sense to me

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Report Hillsdens to the Information Commissioner, they are not supposed to change the default date when they bought the debt. Report them also to Trading Standards and the OFT for their misbehaviour.

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If a payment is made after the default date does this reset the clock on the six years? Or is it still six years from the default date?

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If a payment is made after the default date does this reset the clock on the six years? Or is it still six years from the default date?

Yes it will reset the limitation clock, BUT if there has been a clear period of 6 years (5 in Scotland) and a payment is made after this period, then it does NOT reset the clock.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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in a bid to clear up my credit file ive recently emailed Hilsden to say my debt was SB and they replied that according to their records it isnt and that "Due to your recent contact I confirm the new date for ‘statute barred’ is now September 2016."

i.e they took my email to be acknowledgement of the debt !

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What was the content of the email you sent?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Default dates do not count for statute barring, so I have been told by a legal bod.... it is definately the last payment that counts more than any other date, and the payment has to come from the original debtor to the original creditor or its collecting agent, it CANNOT be a payment from a collecting agent to a creditor which does not identify the originating source.... he was quite specific on this.

 

Apparently DCAs are now trying to get the Statute of Limitations changed to six years after the Default date and have the default date moved every time the debt is passed onto collections teams or sold... totally defeats the object of the Statute of Limitations!

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in a bid to clear up my credit file ive recently emailed Hilsden to say my debt was SB and they replied that according to their records it isnt and that "Due to your recent contact I confirm the new date for ‘statute barred’ is now September 2016."

i.e they took my email to be acknowledgement of the debt !

 

Once it is statute-barred NOTHING can make it un-statute-barred.

 

A written acknowledgement CAN reset the clock , if not already statute-barred. I don't believe that emails can count as such although I may be wrong.

 

One thing I have learnt, both from these forums and from personal experience. There are no absolute truths as far as the law goes. The law can say one thing, but it seems that a contrary judge or lawyer can pretend it says something else. The main principle seems, for them, to be "what is legal is whatever they can get away with", and a good lawyer seems to be one who can bend the interpretation of the law to suit his own purposes, and who is able to convince others to accept that interpretation. So much of our social contract is based on smoke and mirrors.


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contents of email was "I am writing to inform you that this so called "outstanding debt" is statute barred as it is over 6 years has passed since any payment was made to the account . Please see the attched screenshot of my credit file"

 

screenshot showed last payment was july 2004

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Defaults are usually entered one month after the last payment or activity on the account in question, so it will be a safe bet that 6 years (5 in Scotland) from the default date the debt will be SB, any activity on the account, either by payment or acknowledgement that the account is in fact owed blah blah blah, resets the limitation period to zero and the time starts again. However once the limitation period has run it's course, nothing niet nadda can ever restart the clock.

 

I have just sent a statute barred letter to lowells re barclycard this afternoon, whats puzzling me is having checked my credit file with experian & equifax lowells are saying that my default date is 06/08. now I had the card in 2000, on experian it shows 36 months activity but nothing showing on equifax. Now I cant say exactly when I defaulted but took out a capital one card in 2007 to repair my credit rating so it was way before then I think probably around 2003/2004. strangely no mention of this debt on either file from barclaycard only lowells. how do i find out when the last payment was made?

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Hi,

 

Sending a Subject Access Request to the Origional Creditor should let you know the score regarding payments made on the account.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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thanks as its lowells I am going to see what the response is first - just been chatting to another poster about the exact same problem - so will be interesting to see what they are playing at!

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