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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
stressedinscotland

HL Legal threatening court action

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I have bank loans and cc debts from 2000 which I was advised to ignore as I was unable to pay them. I heard nothing from these companies for several years but about 2 years ago suddenly started to receive random letters from various DCA's. These I have also ignored as my situation has not changed significantly.

For several months now I have been receiving letters and regular phone calls from HL Legal & Collections who are harrassing me on behalf of Capquest, who bought one of these debts in October 2006. (EGG CC)

Two months ago in an attempt to get them to leave me alone and get off the phone I agreed to pay £5 a month, but after reading some of the messages here decided I would not pay because I believe the debts to be statute barred??? (can someone please confirm this?) I informed them of this when they again phoned me last week to complain about not receiving payments.

Today I received a call from a very unpleasant female from HL Legal who informed me that I still owe them the money and need to pay them as statute barred does not apply to cc debts, and that I will be receiving court documents in the next few days as they are now taking legal action against me for non payment.

Can they do this? And what should I do next?

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Hi next time this woman calls you, you can tell her as she doesn't seem to know the law very well.

 

Anyway, for a debt to be Statute Barred you must not have paid anything in the past 6 years (5 in Scotland) nor acknowledged the debt in writing during the same time.

 

And just in case you were thinking this, making a payment after the SB limit doesn not restart the SB clock and you could rightfully demand any money back.

If court papers do turn up and you are absolutely sure this debt is SB then that is your defence.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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This woman was really unpleasant and pushy, told me my info about statute barred was incorrect and I should research the internet on the subject. When I told her that was where I got my info from she insisted the info was wrong and just went into threats of the upcoming court proceeding and all the extra expenses I would have to pay for the court action because I was liable for them on top of the debt.

Also, I have not yet sent letters claiming statute barred to them, should I send the english or the scottish version of the letter to them?

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If you are living in Scotland then send the Scottish one, As previously stated once the debt has become statute barred after 5 years the debt can not be unstatute barred. The statute in Scotland that relates to this is The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6. This section of the Act states:

 

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged;

 

then as from the expiration of that period the obligation will be extinguished..."

 

Send the letter recorded, once you have informed them this debt is statute barred, that should be the end of the matter.

 

This letter should do...........................................

 

 

Dear Sir/Madam

 

Account No:

 

In respect of the above account, your company have contacted me/us which you claim is owed by myself/ourselves.

It is my/our understanding that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

“If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged;

then as from the expiration of that period the obligation shall be extinguished...”

 

It is also my understanding that the Office of Fair Trading (OFT) guidance for Debt Collection Companies for statute barred states that:

 

“It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last written acknowledgment/payment of this debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Part 1 Section 6 of the above Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that:

“continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment”.

 

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Edited by maroondevo52

 
 

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Thank you both for your help, letter will be sent by recorded delivery tomorrow. Will let you know the outcome.

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Have received the following reply from Capquest....

 

We thank you for your recorded delivery correspondence and respond as follows: This account is on hold.

What does this mean?

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More than likely means they now know you know they are up a creek without a paddle, they should send you a letter confirming they will no longer chase you for the debt, let us know what else they send.


 
 

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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More than likely means they now know you know they are up a creek without a paddle.

 

That's a very polite way of putting it. I would have added the "S" word just before creek 8-)


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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