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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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Please can anyone help. A bailiffs unexpected visit (no warrant) ended up costing me £147 94 costs for notice of seizure of goods and inventory. and they have also charged me £675.63 for removal expenses. This is for £275.00 for van fuel and insurance. plus £300.00 for 3hours 25 minutes bailiffs fee and 17.5% vat =£100.63 Is this legally correct because i paid them in full on the day for the rent outstanding. The point that bugs me is the never removed anything because i paid up fully.Also they made a list of goods to seize signed and dated. Do they still have a right to possession of this list If i ever fell behind with my rent again could they just come in and take my goods advice needed

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Hello and Welcome,

 

I'll move this thread to the appropriate Forum.

 

Please check your 'Notifications', I'll send you a Private Message with a 'link'.

 

Regards.

 

Scott.


 
 

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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I've deleted my original post because i have realized you are a residential tenant with a tenancy agreement, not a commercial property, right?

 

I believe they cannot charge to attend / remove goods on the day of the levy.

 

Besides, the removal charges are way above normal.

 

Can you tell us the situation.

 

How much rent was due?

 

Did they get a CCJ against you? If so what was the total amount of the claim (inc costs).

 

Did you let them in, or did they use a key?

 

Try and answer these questions because there is someone on here who knows a bit about this line of business. I'll PM the person i have in mind.

Edited by Thegreenpimpernel
wrong
  • Haha 1

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hello scott thankyou for your help. ok it is a commercial tenancy on a 3 month advanced rental it is a restaurant so it was easy for them to just walk in . we were a tiny bit late paying the rent but a cheque for 1 month not three in post we are struggling in this climate and had been requesting help from the landlord ( can we pay 1 month at a time ) for well over 12 months but they would not spit on you if you were on fire.nothing given they just appeared on this day in a van two of them . i did some research from county court records and discovered that they are certificated by the court I think they are a married couple as both have same surnames . They did not have a ccj. anyway i believe a ccj does not cover debts over £5000. The 1 months rent was £5924. We paid him this and he added £147.94 for costs on the NOTICE OF SEIZURE AND INVENTORY form. Now then he also gave us another form with costs on REMOVAL EXPENSES. £275. for 1 x van. Fuel and Insurance. and £300 for1 x bailiff time 3hours 25 mins The SEIZURE OF GOODS AND INVENTORY. lists a lot of our goods he signed it but we didnt but he still knows what we possess. I just feel like weve been fleeced hope this is clear.

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No CCJ needed with commercial rent arrears just a lease, a due date and a day late! that's it, a landlord can then act employ a bailiff.

 

I'm pretty sure the removal / van fees are not legitimate in this case. They recovered the rent on that visit and did not begin to remove.

 

It's been a while since i learned about this so I'll have to go away and brush up on it - unless someone beats me to it!

 

Must go and eat, catch you latter....

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Thanks Greenpimpernel. if your correct and it isnt legite how should i go about getting a refund.

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We need to find some supporting case law or official clarification, then get writing some letters. I'll keep looking.

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Have checked out lease You are correct they do have the right to get a Bailif even if 1 day late. The issue is the Removal expenses distress for rent (amendment) rules 2003. form

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found this post by Zamzara that might interest you

link to thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?257173-Distress-For-Rent-quot-Costs-quot-Need-Help-Please

 

In addition, for rent arrears, unlike council tax they cannot charge for 'attending to remove' even when a levy has been made. They can only charge the costs for actual removal and sale.

 

If you actually paid the debt, no costs can be charged, and the landlord must return any money paid. He is responsible for the bailiffslink3.gif he appointed to act as his agents, even if he is now out of pocket.

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That above quote from my earlier post was about a case where no debt actually existed. The reomval costs point is the same though; they can only charge reasonable expenses to cover the cost of actually removing goods.

 

In this case as rent was owed, if they actually levied distress (but did not remove the goods) they can make a charge of 12.5% on the first £100, 4% on the next £400, and 2.5% on the next £1500.

 

For rent, they cannot charge merely for attending to levy though.

Edited by Zamzara
  • Haha 1

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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Given that we all seem to be in agreement, would Floridian agree to rename the thread "Commercial rent arrears - Van fees" or something like? As it stands i don't think the people that need to know this will find it in future.

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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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