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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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      I was in Sainsbury’s today and did scan and shop.
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      • 16 replies
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Hello

If anyone can help me I'd be grateful...

 

Last week I had a visit from the bailiffs and (perhaps stupidly) ended up paying nearly £700 to stop them towing my car away. This was for a parking ticket that I never received as at the time of the ticket my car was registered to an old address and my post was not forwarded. However by the time the Warrant of execution went out I had updated my address, yet I received no warnings until the bailiffs turned up at my door.

 

I've sent off an out of time appeal and have written to the council.

 

My next question is whether the fees I've been charged are legal.

 

I've had a breakdown as follows:

 

All these also contain a VAT charge except the debt

Debt 185.00

First Letter 11.20

Finance Check 20.00

Enforcement fee 105.00

Visit Fee 1 57.00

Canx Tow Fee 90.00

Payment by C/C 19.63

 

Just to reiterate I received no other visits from them. Also, is 'Canx Tow Fee' a cancellation of the towing away??? I was told I would be charged for the car being towed, not for cancelling this as well???

 

Any advice appreciated...

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I have asked site team to move this to the bailiffs forum for you

 

this may be of interest to you

icon1.gif Re: Warrant of execution / DVLA addresses

 

quote_icon.png
Originally Posted by
Diggydog
viewpost-right.png

can someone please clear something up for me. I am a bit confused as to the rules on PCNs (from Local Authorities) and the RK address supplied by the DVLA.

 

So if someone moves house and therefore doesn't get the original paperwork can the council simply amend the address from that supplied by the DVLA? Also can they issue warrants of execution to addresses different to that supplied by the DVLA?

 

sorry if this seems a really stupid question but I thought I had read somewhere on this forum that warrants of execution could only be issued to the address supplied by the DVLA at the date of the contravention. Is that the case or have i dreamt this up?

 

I will also put this post on the bailiffs
link3.gif
section in case i read it there.

 

Thanks

 

 

 

.

originally posted by tomtubby

 

 

Thank you for posting this question !! This is a subject that really does get to me so I will say sorry in advance for the long response......

.

.

 

If you incur a pcn
link3.gif
the local authority will make a request to DVLA for details of vehicle keeper and a letter will be sent to that address to request payment. ALL further notices such as the Notice to Owner, Order for Recovery will also be sent to that same address.

 

We have had cases where the registered keeper moved home within days of apparently incurring a PCN and even though they had advised DVLA of their NEW ADDRESS all notices would still have to go to the address originally given by DVLA.

 

Unless a person has arranged for postal divert then they would not have received these notices and eventually the local authority make a request for the debt to be registered with the Traffic Enforcement Centre and this will lead to a Warrant of execution being issued and passed to the relevant bailiff
link3.gif
company to enforce.

 

What happens next is CRUCIAL.

 

Bailiff companies will then "data cleanse" (their wording not mine) the warrants using various agencies and they will then locate a new address.

 

The motorist will be sent a letter to his NEW address and most times this is the very first that they knew of the PCN (other times are when a car is clamped or removed after being located using the bailiff companies ANPR vehicles).

 

When the Operation Guidance for Local Authorities was issued last year by the DfT for the new Traffic Management Act 2004 it provided that a bailiff
could change the address on a Warrant.

 

This prompted an immediate complaint by yours truly and a question was raised in the House of Lords which led to this provision
being removed.

 

That should have been the end of the matter.......but was not !!

 

 

 

Clearly complaints were made to the Ministry of Justice (possibly by bailiff companies) and for reasons that are still unclear the MOJ issued changes to Part 75 of the CPR Rules as follows:

 

Warrant of execution

 

75.7

 

(1) An authority seeking the issue of a warrant of execution must file a request –

(a) certifying the amount remaining due under the order;

 

(b) specifying the date of service of the order on the respondent; and

 

© certifying that the relevant period has elapsed.

 

 

(2) The court will seal the request and return it to the authority.

 

(3) Within 7 days of the sealing of the request the authority must prepare the warrant in the appropriate form.

 

(4) No payment under a warrant will be made to the court.

 

(5) For the purposes of execution a warrant will be valid for 12 months beginning with the date of its issue.

 

 

(6) An authority may not renew a warrant issued in accordance with this Part beyond the 12 month validity period but, subject to paragraph (7), an authority may request the reissue of a warrant during the 12 month validity period.

 

 

(7) Where the address of the respondent has changed since the issue of the warrant, the authority may request the reissue of the warrant by filing a request –

 

(a) specifying the new address of the respondent;

 

 

(b) providing evidence that the new address for the respondent does relate to the respondent named in the order and against whom enforcement is sought; and

 

 

© certifying that the amount due under the order remains unpaid.

 

 

 

(8-) Where the court is satisfied that the new address of the respondent given in the request for the reissue of the warrant relates to the respondent named in the order, it will seal the request and return it to the authority.

 

 

(9) The authority must prepare the reissued warrant in the appropriate form within 7 days of the sealing of the request to reissue.

 

(10) A reissued warrant will only be valid for the remainder of the 12 month period beginning with the date it was originally issued.

 

 

 

 

PS: Complaints have been sent to various bodies as this change to the CPR Rules was made without ANY consultation !!

Edited by hallowitch

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Thread moved.


 
 

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

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Thanks very much for that info. I didn't receive any paperwork at all, until they turned up at the door. Have I got grounds to appeal that they didn't send me anything else even when they found the new address?

 

Any other advice on the fees themselves as well would be appreciated. In particular the two 'Enforcement fees' and the 'Canx Tow Fee'- can I appeal to anyone that this is too much to charge?

 

 

Thanks

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that doesnt add up to £700

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each one also had a VAT charge which I didn't type out here, total payment was £681

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Sorry I also missed out another 'Enforcement fee' which was £120 + VAT

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In this type of case, you should argue that your witness statement is not out of time. Regulations 23 of the General Regulations provides:

 

23.—(1) This regulation applies where—

 

(a)a county court makes an order under regulation 22;

 

(b)the person against whom it is made makes a witness statement complying with paragraph (2); and

 

©that statement is served on the county court which made the order, before the end of—

 

(i)the period of 21 days beginning with the date on which notice of the county court’s order is served on him; or

 

(ii)such longer period as may be allowed under paragraph (4).

It is clear the 21 days does not run until the order is actually served on you. It is specifically exluded under regualtion 3(2) and 3(5) from being treated as served earlier. This argument was succesful in court here. I'm trying to push this as the council/bailiffs and the TEC are significantly misrepresenting the position by inventing their own timescales.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Thanks Zamzara

 

Since I last posted on here I have had a letter from Tower Hamlets replying to my letter, in which they have completely backed down, cancelled the PCN and told the bailiffs to pay me back! Amazing news and so quick. Just need to get the bailiffs to cough up now...

 

Cheers

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Blimey!!!!! this is excellent news indeed, lets hope the bailiff company cough up soon, if not get right back on here.

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really useful thread...

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