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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
bilious

CCj if awarded!

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Hi there bit of a question for you as i'm married and likely to have a couple of ccj's against me soon will my wife suffer from this? as her name is not on any of my debts? and if so is there any way that we can get her untied to me we have separate accounts etc only the mortgage is in our names and we're not behind on that just my cc's etc..

 

Thanks in advance..

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will my wife suffer from this?
In a word...No

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Are the cc agreements in order?


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Thanks cerberusalert first bit of hopeful news i've had in a while!!! quite a few people have been giving me advice on my two threads with my cca's some helpful , people have been great but i'm not mentally strong enough to challenge what i personally thought i'd never win (some may disagree but morally i believe i should pay.)probably my undoing but lets hope the courts can be fair (as they are supposed to be lol. we'll see.) but as i said is my wife going to suffer from my ccj's against me if she went to get say finance on new car? she still gets loads of pre-approved stuff which i don't get anymore weird that!!! hope you can shed light on my otherwise dark tunnel at the moment!!!

 

Thanks in advance..

Edited by bilious

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but as i said is my wife going to suffer from my ccj's against me if she went to get say finance on new car
Unless you are financially linked in some way which shows on your credit file a search of your wife's financial status would not show your CCJ, besides it is your debt not hers & she is not legally responsible for your debts.

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Guest wino

Just to let you know. I got several CCJs when my business went bust. When I went to court the judge took my husbands earnings into account as well as mine.

 

My husband has managed to get finance since. His credit record is fine.:-)

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When I went to court the judge took my husbands earnings into account as well as mine.
He looks at the income into the household as a whole.

Anthrax alert at debt collectors caused by box of doughnuts

 

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Ahhh! Good bit of news for a change, thank you both!!!! i know a lot of people relish the idea of taking on the big-boys in court, but it's not for me can't be living the life of watching the post or the phone calls, will hopefully pay what i can afford (bet my admission papers go missing till after judgment even tho they were sent recorded!!!)then will be asking you for more advice... As i've said would rather pay my monthly whatever and stop them from bothering me or am i being naive here?and try and get on with things!!! Thanks again to you both for some good news for a change...

 

But it did ask me on the papers only for my expenditure on the reverse and not my wifes or will this come at later date! the other bit that got me was include overtime etc but if you put down what you earn 1 month then no overtime the next you could have a big shortfall there?

Edited by bilious

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Guest wino

Put zero down for overtime as it is not regular.

The first time I went to court I only put my earnings down as that is what the form says to do. When the judge asked me what my husband earned I said that I did not know so the judge declared I pay £500 per month!!!!

The next time (CCJ No. 2) I took a list of all the monthly payments we make and both our wage slips and the judge was a bit kinder.

By the time I got to CCJ No. 5 I had discovered that you should also list money for clothes, Christmas savings and money put aside for house repairs, petrol costs.

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Also extras if you have kids such as trips, out of school activities etc. Union fees, health/home/bulding insurance, travel expenses etc., whatever you can think of.


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just got a bit scared there wino 500 pounds i'd be heading straight for the friendly jacket if that happens! what if it does can i appeal that cos i have nowhere near that amount to pay off the two that have claimed against yet alone the other two who at the moment am not behind with, but once i now what my ccj's are going to cost a month then i can give payplan a ring about the other two? Any advice?

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Guest wino

Don't worry I just got stitched up as I did not have a clue what was going on. You have CAG to help you:wink:

 

If you make a list of all your incomings and outgoings including the things suggested above the judge will look at what you have left and make a decision on that. If it is too much then you can appeal.

 

It is important to make the list. The first time I went to court I did not know the rules and did not put down travelling costs to work. food & clothes, house maitenance etc That is why I got caught out. Mine was a business debt and the company I owed wanted to make me bankrupt the Judge felt I could afford £500 because of my husbands earnings.

 

The last time I went I had a proper realistic list and the Judge declared that I should pay my creditor £20 per month. The £20 was on my list for playing the lottery. She said that was the only spare money I had.

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Thanks wino!! yes all mine are unsecured cc debts but the papers have asked for my outgoings only at the mo, still have to put the wifes down if need be?

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Guest wino

Have you CCA'd the CC companies and claimed any charges back?

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Not as yet hsbc will have 6yrs off ppi that i was definitely mis-sold but will wait until i see what i have to pay with these two first before i start claiming that lot back

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Hi wino! Still awaiting my letters through the post lol, with a certain amount of trepidation i may add! but will make sure i have a full list with "all" our expenses, school dinners petrol housekeeping etc etc cos there isn't much left at the end of the month i can tell you, just hope the judge isn't a proper you know what!!!not tried to get out of paying either of them just that they would not accept what i could offer! especially the world's bank....

 

Keep in touch!

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Had my first set of judgment papers through today! Am soo happy! Mbna obviously objected to how much i could pay and timescales etc so the court has accepted what i can pay!!! Now can the chaps above try and get this overruled? because with my i&e i could realistically end up paying em even less.. (mind you i was paying them more, before they took me to court now paying them 40% of what was originally agreed between us...) any ideas please... Thanks in advance....

 

Lets hope the worlds bank one is the same.... When that comes through the door...

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Now can the chaps above try and get this overruled?
They could apply for a redetermination but it's doubtful that they'll bother because they'll know they will be urinating into the wind & cost them dearly. As long as you keep to the payments as ordered by the court they're stuffed.

 

They'll probably include this into a 'toxic debt' portfolio & sell it on then claim tax relief. Some time in the future you may get a debt collector contact you & try to 'persuade' you to pay more... but in the immortal words of Father Jack on Craggy Island... tell them to go forth & multiply. ;)

 

fatherjack.jpeg


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Cheers thought they couldn't sell on a debt with the ccj? or is that after the 6yrs time etc? Then again when have they ever followed the rules...

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They can sell a CCJ on but IIRC the purchaser has to register it with the court within a specific time period. It's not my field so no doubt someone else will explain. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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One thing to watch for is unless the court order specifically states they can add contractual interest then they can't. Often a DCA in particular will attempt to add charges and interest when they are not entitled. Keep the court order safe somewhere in case you need to refer to it sometime in the future.


Anthrax alert at debt collectors caused by box of doughnuts

 

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do you know where it would say that? will it be on the papers? cos if so then the debt will never be paid off...

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Yes it'll be on the judgement itself. Can you post up what it said after removing identifiers?


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Thanks for your help cerberusalert here's the link!! Hope you can give me some good news lol!!!

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/jment1.jpg

 

Still waiting for the worlds bank one!!! Not sure what they're up to as both claims were same date!!!

Edited by bilious

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The only interest mentioned is to the date of judgement & it doesn't refer to it any further.

 

Do you have a copy of their original POC and the first judgement?


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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