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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,
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      Thanks for reading 
      • 16 replies
sleepy jean

Ashbourne managment

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I am new to this site and have been reading some threads that you have answered to about asbourne management. I could do with your knowledge on these matters.

I was bought a gym membership from this company for my birthday over a year ago and have never used it.The person that bought it for me stopped paying the monthly fee.

My problem is that they have harassed me so much with letters saying a default had been registered against me with a credit reference agency and that I was now classified as a credit risk that I caved in and given them the money. The thing is the credit agreement was not in my name as it was bought by someone else, also I have checked with experian and there is no such default on my records. I now feel they have fraudulently taken money from me.

Is there anything I can do about this.

Any help will be greatly appreciated as I can not afford the £480.00 they have taken.

If in any way this works out I would more than gladly make a donation to the site.

I would have put this on a thread but as I have just joined I could not be sure you would find it.

Kindest Regards,

Jean :???:

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Hi Sleepy Jean and thanks for starting this thread as asked.

 

This is an unusual case, but quite simple too.

 

We normally see people who have signed a contract being forced into continuing with m/ship for longer than they want or can afford.

 

But, in your case, there was no agreement or contract. Accordingly, Ashbourne have demanded money from you which you never owed and you will reclaim every penny from them. If you have to file a court claim against them, you will claim 8% Statutory Interest on top.

 

This is a simple and relatively inexpensive process and we can help you. I'll draft a letter to send to Ashbourne to start the ball rolling.

 

But can you firstly confirm:-

 

1. That the m/ship gift was paid for by a 3rd party.

 

2. That you never signed any m/ship agreement or credit agreement.

 

3. When did they start chasing you for fees.

 

4. Have you kept all demands or letters from Ashbourne or any Debt Collection Agency.

 

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Thanks slick132,

I never signed any credit agreement, will check but think I may have signed a membership form????

I have kept most of there letters and will check on dates and get back to you.

Thanks again

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Oh and yes it was bought by a third party as a gift...

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Hi SJ,

 

Let us know whether you signed any m/ship forms as this may be important.

 

If you have a copy of whatever was signed, post it here or link to it after hiding your personal data. This guide tells you how to put documents onto your thread - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Can you confirm what gym the m/ship was for.

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Hi slick still sifting through my paperwork to find membership it was for miracles gym in Alverstoke I have a nasty feeling that I signed the membership form though.

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Hi slick

As I have been moving still could not find paper work so I have written to them asking for a copy of all relevant forms. Will get back to you asap... Thanks

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Hi Slick, Wrote to them on the 4th October asking for copies of membership forms and credit agreements ect that they hold, I included a £1.00 postal order but am still to hear anything back.Any advice on what I should do now?????:|

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Hi SJ,

 

Hmm, they may respond saying you have to pay £10 if you've made a SAR.

 

A CCA request costs £1 but this is only relevant if there was a formal credit agreement involved.

 

Did you send either a formal SAR or CCA request.

 

In any event I suggest you now wait for their response.

 

You need to check your credit reference files. If they have, in fact, registered a Default or any negative entry against you, you should challenge this saying you dispute the entry due to inadequate documentation held by Ashbourne. Accordingly, your file should be marked to show there is a dispute regarding this matter. A letter about this must go to any credit reference agency that has posted negative data.

 

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Hi Slick, I sent a CCA req with a postal order as I know there credit form does not have my name on it as it was supposed to be a birthday present, but still they harrassed me for the money. Will let you know any reply. Thanks again:wink:

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Hi Slick, I have received a photocopy of the membership form no Tc`s

on the back. I have signed the membership form and the direct debit instruction is signed by the person that bought me the membership as a birthday gift. ???? Any ideas

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It'd be best if you can show us whatever you have signed. Hide the personal data first and then put it here on your thread.

 

Are you quite certain it is your signature on the document.

 

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The OFT have upheld a complaint against this company, its in the press releases on the OFT site.... complain to them and you may be surprised.

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Thank you sillygirl1 that could be most helpfull :-D

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OOOOOOH so the OFT are seeking a court order against them This could be good for me

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HI SJ,

 

The image above is too small to see.

 

Follow the guide which I linked in post #5 and either copy the image onto your thread or give us a link to it using Photobucket or Flicker, etc.

 

8)


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Hi slick need to have 20 posts before I can upload link from photo bucket

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8-) and again so now Im gonna have another go

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Yippeee, we can now see the membership form. :whoo:

 

It is clear the initial m/ship was for 12 months only. This, of course, was paid by the person that gave you the year's m/ship as a pressie.

 

1. Do you have any letters or demands in writing regarding the £480 extra you paid.

 

2. I recall that you paid because they threatened to register a default and "make you a credit risk". Why did you agree to pay £480 which is a full year's m/ship, instead of 1 month or 2 months and then cancel.

 

3. If there's nothing in writing, please recall as best you can exactly what was said that made you pay a further full year's m/ship.

 

8-)


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Interesting reading

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