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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.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
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Okay, I have read through thread after thread [including the sticky] but I need a personal reply desperately.

 

I inherited a property which is semi-commercial as well as a semi-detached house. They both have council tax bills, I thought we had 12 month leniency, but I was wrong. The latter property needed work, it took longer [and was more expensive] than we anticipated - it is now rented out after a almost 18 month ordeal. The semi-commercial property was paid from via solicitors from March.

 

I let a bailiff come in my house to discuss payment options, but he refused point blank anything. Yes, stupid me!

 

Anyway, we got a letter:

 

Notice of force entry Entry and Remove Goods

 

We refer to our notice seizure of Goods and Inventory dated 8/9/2010 {Please note I did not get an Inventory or sign anything}

 

We will be re-attending at 0800-1900 on Friday 24/09/2010 to remove said Goods

 

Please ensure you are home to proceed with removal.

 

Please note: If you are not at home we will utilize the services of a locksmith to gain entry to your home and the removal of goods will proceed in your absence.

 

[then signed and dated at the end]

 

All in big red scary letters.

 

What upset me the most is that this letter was sat on my coffee table. My backdoor was left unlocked, so therefore the person has gone down the side-passage and come through my backdoor. I am REALLY angry and upset.

 

Again I haven't signed anything, had an inventory of goods. But, this letter is frightening and distressing me. Had alot to cope with recently. My son as Doose Syndrome - a form of epilepsy and is on DA for it. Been a hard 12 months, he has regular daily seizures.

 

I just need reassurance they cannot do anything, and what is my best option? I intend to go the council in person asap.

Edited by Kefte

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Are you saying the NNDR has been paid and they are just after the Council Tax for the residential part of the property?

 

Your son's condition most certainly gives you grounds to be classed as "vulnerable", you will need to advise the Bailiffs of this. You will more than likely need a letter from your GP or other health professional to prove this.

 

When you let your newest best mate in did he write anything down or touch anything? Did he give you anything at all on that visit? How many visits have they made?

 

Although they may have given you a date that they are coming back you do not have to let them in - maintain a siegelike mentality for the forseeable future. Speak to him only through the letterbox or upstairs window and try and record the conversation. To force entry he needs an Order from the Court and these are very rarely given. At this point the use of a locksmith is just a veiled threat.

 

PT


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If the property is commercial and the debt is biz rates then bailiffs CAN and DO break into it to seize goods.

 

Its unlikely they will break in if its a private dwelling. If the property is vacant then lock the door and put the chain on then leave the property via the back door. If you have an alarm then set it, even better if your alarm is the older firebell type. bailiffs hate alarms attacting attention.

 

Im not sure what you mean by semi commercial. is it a pub with staff accommodation? a shop with a flat? They are usually taxed separately.

 

if the debt is not biz rates then get an incident number from the police and notify that a threat to commit breaking and entering has been made as this may be contrary to Section 40(1)(d) of the Administration of Justice Act 1970. http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1970/cukpga_19700031_en_5#pt5-l1g26 To bring a locksmith or his tools to a property with intent to break into it is an offence under Section 25 of the Theft Act 1968 http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1968/cukpga_19680060_en_2#pb5-l1g29


Professional property investor and conveyancer

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There are business rates for the commercial premises/shop and council tax for a completely separate property. My brother lives in the flat above the shop and the council tax is paid for. The commercial premises is completely empty and been closed since March 2009. So they cannot enter my home for business rates then? [i apologise I confused by addressing it as "semi-commercial"]..

 

They didn't come back on the date noted - surprise, surprise.

 

My son gets the middle class of disability allowance, do you think that will do as proof?

 

 

"When you let your newest best mate in did he write anything down or touch anything? Did he give you anything at all on that visit? How many visits have they made?""

 

He basically sat down on the sofa, said he wanted it ALL paid by this date else he would removes goods. Wrote be another warning letter with the date on. Reprimanded me for ignoring him and for being a terrible person for not paying my taxes.

 

Really annoys me that they only give you 6 months without paying any council tax/rates, I know of a couple of situations where it has put people in incredible hardship - they let people who don't work not pay council tax, surely there should be situations where people who acclaim second homes should have leniency too or allowed time for sales etc...

 

The only thing I'm confused about is who I should send a letter too regarding payment, I know they so don't give a penny to the bailiffs but surely I need to pay any fees I've incurred -even though I don't want too.

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Fork-it said:

 

"If the property is commercial and the debt is biz rates then bailiffslink3.gif CAN and DO break into it to seizelink3.gif goods."

 

*******PEDANT ALERT******

 

I know what you are saying but in case anyone misunderstands, they CANNOT force entry to "seize" goods, only to recover goods previously "seized" via a walking possession agreement / levy.

 

I appreciate they have the levy in place in this case, but just want to reiterate that they cannot force entry without previous peaceful entry.

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You are thinking of council tax & traffic fines.

 

This is Biz rates, completely different rules.


Professional property investor and conveyancer

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You are thinking of council tax & traffic fines.

 

This is Biz rates, completely different rules.

 

No - Same rules regarding forced entry, prior levy must be in place.

 

The only cases where a bailiff can for entry with no prior levy is A) Magistrates Fine and B) Forfiet of lease

 

get your facts straight before posting.

 

EDIT - Forgot to say, before its pointed out, HCEO can force entry with no prior levy, but were talking bailiff here not HCEO.

Edited by BLF

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BLF

 

I'm glad we agree, but Fork-it is pretty useful and usually correct. We all get things wrong on here and get corrected in due course - that's how it works, like a collective 'brain'.

It's often more informative to witness a debate / argument than a factually correct statement. That's why i start so many of them!!!!:wink:

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EDIT - Forgot to say, before its pointed out, HCEO can force entry with no prior levy, but were talking bailiff here not HCEO.

 

Just to keep it correct HCEO can effect entry in above situation providing the premises are not connected to the residence of the debtor ie flat above or adjoining.

 

PT


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get your facts straight before posting.

 

 

Care to post the facts as you understand them and perhaps the source?

 

TGP I have PMmed you with my source.


Professional property investor and conveyancer

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Care to post the facts as you understand them and perhaps the source?

 

Certainly, i know it as fact as i have been doing it for many years.

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A possible consensus?

 

1) They are not allowed to.

 

2)But very rarely they do.

 

3) The police, as usual will not give a stuff.

 

4) A civil remedy county court / form4 etc would be the way to go, with high probability of success.

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