Jump to content
  • Tweets

  • Posts

    • 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..      
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • 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
style="text-align:center;"> Please note that this topic has not had any new posts for the last 3589 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi guys, We urgently need your help and advice and apologies if this has been already covered in Cag but my head isnt working at the moment.Ive read and re-read your articles and am in a total muddle now so if you can reply to my thread it would be more than appreciated.

 

We owe back rent on a lock-up we used to have, not council tax, and its now gone through high court and the bailiff called at the house the week before last. He didnt gain entry and shoved papers through the letter box, a notice of seizure and a walking possession agreement which we havent as yet signed. Another paper came with those,starting with paragraph 5 down to a paragraph 11. Paragraph 11 says 'the goods seized are all those referred to at 2 but, in case there is any doubt, the following items are included in the seizure:'.............

- it then lists a vehicle registration number [which is nothing to do with us] and also says...'and all other goods to the value of outstanding debt' [there wasnt a paper with a paragraph 2]

Because I have read somewhere not to sign the walking possession we havent done so but on reading the notice it says 'if any of the goods seized are not your property, you must tell the owner about the seizure and they must write to the enforcement officer claiming the goods within 5 days'. We dont know who owns the vehicle but think it was visiting someone living in our street and its gone past the 'within 5 days' now..what do we do?

After the bailiffs initial visit we phoned his number which was on the notice and asked what to do next...he said to sign and return the walking possession and get intouch with the Sheriffs Office to arrange payment and he would be back in 2 weeks [which is this coming week]. We couldnt speak to anyone at the office, the phone number being a pre-recorded message so we emailed them, on 11th Oct with an offer of payment....not all of the outstanding but most of the initial debt plus a weekly amount to pay off the remainder[the rest being court costs etc] and they replied on the12th saying they would contact their clients and advise us of the outcome as soon as possible. Up to now there hasnt been a reply.

I am worried sick now that we shouldve sent in the walking agreement especially since it has a vehicle listed on it and it says 'failure to sign may result in the removal of goods seized without further notice' etc...please help...what should we do? and what should we do when the bailiff returns this week?

Share this post


Link to post
Share on other sites

Hey Kelp

 

I have/had a similar problem to yours ( mine is a water bill) I wrote to the High court and asked them for more time to pay.

 

They informed me that decision had not been made yet and it was still in front of the Judges. So IMHO bailiffs are balliffs regardless of court!.

I know you said what the debt is but have you had the county court paperwork? ( you must have for it to go to High court).

 

Right I suggest you write to the High court, telling them why this was not dealt with 1) sooner and 2) at county court level. takes a bit of pride swallowing, but nothing compared to 2 hairy ar**d fellas knocking your door with a big white van ;)

 

I did this and I got a reply yesterday telling me a stay of execution until 30/11/10 and liberty to apply to vary or set aside................

The last bit I'm not too sure what it means hence me being on here, but I'm just looking for confirmation, then I can tell you my experience further.

 

And finally, and maybe most importantly, please try and relax, you'll think much more clearly and you'll be able to make better decisions.

 

I wonder ..........did you deal with it at county court level? maybe if you hadn't that looks to the courts as admission so they just carry on regardless! and don't forget the 'recession' is just beginning to bite for a lot of people and the courts are aware of this

Share this post


Link to post
Share on other sites

hi welcome to cag

 

Don't worry about sending back the walking possession agreement the bailiff has never been in your home so he cant levy goods inside it by putting a notice of seizure through your letterbox

 

as for the car send an e-mail to the Sheriffs Office and the council informing them that the bailiff has levied against a vehicle that does not belong to you that you have no knowledge of ownership tell them a DVLA check will confirm this ask them to send a breakdown of fees and a letter confirming that any fees regarding the levy on the vehicle have been removed

 

 

can you confirm that a ccj has been granted and that it is HCEO who are collecting the debt

what firm of HCEO/bailiffs is it

 

regardless of whether its HCEO or bailiffs the above stands regarding the levy

do not let them into your house no matter what they say

if you have a car don't leave it in the street

 

keep copy's of everything you /they send try not to phone them keep all correspondence in writing and always copy in the council

 

MOST IMPORTANT THING IS TO KEEP THEM OUT OF YOUR HOME AND KEEP THE CAR THE AWAY FROM THERE

 

I'm going to send a PM to ploddertom to have a look at this for you

Share this post


Link to post
Share on other sites

Hi Casbah and Hallowitch, thankyou both for your replies. I know I said this was urgent but I am going to take some time off now and try and follow Casbah's advice and relax tonight, I havent stopped shaking for weeks. Sorry to hear youre going/been through it too Casbah, it's just horrible. Hallowitch Ill mail the Sheriffs Office re the car as you suggested, thankyou..will do it tomorrow. Yes its the High Court and the HCEO, firm is The Sheriffs Office Croydon.

Casbah and Hallowitch, I'll come back tomorrow and read your mails properly and hopefully be more relaxed and be able to take in all you say and reply to you properly. Im just thankful youre all here. Tc best wishes.

Share this post


Link to post
Share on other sites

You will get lots of good advice on here, each of us putting little bits to you.

 

Now if like me you had a "breakdown" of their fees enclosed with the letter, hand posted through your door, then I'd still do what HW said............if you want to pursue the bailiffs! now at this very early stage I have decided not to go this route, basically because they haven't had nor got my money! And as I have written to the court, at least the court that 'issued' this order is aware there are some discrepencies! But if you do decide to pursue this route then ask for the breakdown as HW suggested.

 

Bailiffs are not for the feint hearted, INMHO, they float the law,ignore the law and in my experience they break the law!!! And they are muppets! ( sorry Kermit) I personally won't waste my time and energy pampering to their whims!

 

have a good weekend

 

cas

Share this post


Link to post
Share on other sites

And I know you are on here, I thought you was going to relax and chill out!!! :) or as my teenager says chillax

Share this post


Link to post
Share on other sites

..I wasnt here Casbah, I'd forgotten to log out :-)

 

Hallowitch, Ive mailed the Sheriffs Office re the vehicle as you suggested but why do I need to tell the council and which department do I need to tell? sorry if Im appearing a bit thick here

Share this post


Link to post
Share on other sites

e-mail the revenues department

 

the reason for e-mailing the council is because they employed the sheriff/bailiffs to collect the outstanding debt therefore they are responsible for all actions taken by them including fees and unlawful Levy's

 

IF anything happens to car or they don't remove the fees you have proof you that you informed both council and sheriff

Share this post


Link to post
Share on other sites

ah right....I didnt know that..thankyou. I'll go do it now

Share this post


Link to post
Share on other sites

ok, done.

...but when this levy is lifted does this now mean that yet another car innocently parked outside our house, belonging to god knows who again, can be levied and we go through it all again ..until everythings paid and settled?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...