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    • its a lacking on our part  and yours as you didn't WRITE. instructing not to honour ANY payments to PP but that's NW for you.   you need to cancel the CPA.   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    
    • Do you ever sleep?  Just as well you had a holiday to have  a bit of a rest 😀   More seriously, well done on all your legwork, this Annie is damn lucky, all your preparation will stand you two in good stead for sending VCS back under their stone.
    • Hello again   So just a brief update.   A month ago I cancelled all bank direct debits and debit cards on file with paypal and explicitly stated to my bank Nationwide over the phone to ensure they block PayPal from making any deductions or payment requests. I since got a new debit card and have not logged into paypal since.   Randomly I received an email from paypal yesterday stating that I made a payment of £1.00 to ebay. I couldn't understand how this could have happened if paypal don't have any payment details of mine. I logged into my bank app to confirm and saw a £1.00 ebay paypal fee. I logged into my paypal account and went into the payment section and to my disbelief they had my new debit card on file. I immediately rang up nationwide and asked how this could have happened and they said the following:   That it is not unusual for companies like paypal to contact Visa and request new debit details if the one they have on file has become unuseable or has been cancelled etc.    I said that this surely must be illegal and asked them why the transaction wasnt blocked in the first instance like I requested. They told me when it comes to visa it is out of their control. I obvioulsy lost it with them and threatened to close my account in which they put me on hold, then came back and said they have put a block on paypal and asked visa to refuse requests for debit card details in future. I have since cancelled my debit card and requested a new one.   Paypal have clearly made an attempt to get access to my bank account/debit card by means without my knowledge or consent. They also seemed to have tested whether the card works with a £1.00 sellers transaction fee which I dont know what its for. Luckily they have not been able to deduct the £925 but obvioulsy could have done if I hadnt noticed the fact they got my new details.   What should I do now regarding this? So far only the financial ombudsman seem to be willing to pursue and help me with the original claim wih PayPal but I feel this is something additional that requires investigation.   any of your thoughts are welcome.   Thanks
    • It all depends from who your manager is and what company you work for. In my workplace (very large multinational) the super peetakers are the most respected. The rule seems to be that if you tell everyone challenging you that they are victimising you and then you do whatever you want, you get rewarded. So I joined this movement a long time ago but with a slight difference that I finish my work to requirement, no more, no less. Just because I like the job, not because I feel I must please them.
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pinkrat

CSL sending all manner of threats on old Joint Bank Account debt

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Just reading this as I have numerous letters from CSL but have binned all envelopes, why is the suggestion to keep these as well? Thanks

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The envelopes will usually have no post mark but a bar code on them which shows when they were actually posted. They will also tell if the letters are sent 1st or 2nd class - and if someone like UK mail or TNT is used instead of Royal Mail - which menas a delay equivalent to 2nd class or longer - all useful if they claim anything is sent 1st class for "serving" purposes.

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Hi everyone,

 

I know this is an old thread but i have an update that i need help with.

 

Over the years this debt has been passed to many debt collectors and solicitors.

 

We have never acknowledged any of the letters or that they have found the right man at my address.

 

Today a letter has arrived from bryan carter solicitors,

its not the first correspondence from them but this says that they have been asked by Frederick International ltd

on behalf of Lowell financial ltd to issue court proceedings on 17th march.

If proceedings are issued, ccj costs etc.

 

If we dispute debt please provide reasons and documents in writing.

 

Is this a serious threat that can no longer be ignored?

 

Also my partner has been with me nearly 4 years now and had not contacted anyone before that regarding this debt

so we believe it is either SB or very close.

 

This was a joint account bank charges debt i believe with his wife that originally turned up through my door in both their names.

 

How do we find out how old the debt is without contacting the collectors?

 

Thanks in advance for any help.

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Carter is known to issue claims as a threat and to withdraw when a defence is filed.

 

 

Dates and events please:

 

 

What is the debt/ original creditor/amount.

Is this on your credit files? If you haven't checked it would be a good idea to do so.

When was the last payment or written acknowledgment made?

Was this a current account, with or without an overdraft/ loan?

 

 

The problem could be that your partners ex has made some payment or acknowledgment to the debt in the last 6 years restating the limitation period.

 

 

From the information given so far:

 

 

Check Credit Reference Files Experian & Equifax have 30 day free trials, Noddle is a free offshoot of Call Credit but is not always up to date.

 

 

As this has been through so many hands I would suggest there is some thing wrong and this is why court action has not been taken.

 

 

So cover the points given above and send the following to Carter.

 

 

Brian Carter LLP

 

 

 

 

 

 

Date

 

 

Ref: use theirs

 

 

 

 

Sir/ Madam

 

 

I refer to your letter dated Xx/XX/XXXX in which it is I owe a debt for £xxxx.xx originating from an account with xxxxxx please take note I do not acknowledge any such debt to your client, also I have not received any notification that your client has any authority to pursue payment of the alleged debt.

 

 

Therefore I put Brian Carter LLP and its Client to provide unequivocal proof that I have any liability for the alleged debt.

 

 

Please be aware that any County Court Claim will be robustly defended.

 

 

Send by recorded/ signed for post check delivery.


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Thanks Brigadier, my partner has never acknowledged debt or made a payment.

 

He's never checked his credit file so will do that now.

 

The debt is for £1500 ish from a joint current account with lloyds.

 

He never had anything to do with the finances, she dealt with it all so he knows little of the account.

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OK the fact that he knew/knows nothing regarding the conduct of this account it is important to get as much information as possible.

 

 

I would suggest a Subject Access Request under the Data Protection Act 1998 (SAR). This will provide all the personal data the bank has on your partner and the account.

 

 

There is a £10 statutory fee to pay, there is a template for this in the CAG library the bank has 40 days to comply.

 

 

Get the letter off to Carter asap.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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ok ive done the credit file check and am a bit confused as to what it means. Can you help me with it?

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ok ive done the credit file check and am a bit confused as to what it means. Can you help me with it?

Yes of course please post the details here.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Thankyou :)

 

On Credit agreement the debt is showed as been settled from lloyds july 2013,

 

i assume that is the debt company buying the debt?

 

There is a start date in 1996,

default date 2009,

so not SB

 

then an update of july 2013 on the lloyds debt.

 

Debtors have been chasing this debt at my address since 2011.

 

lowell portfolio ltd show the debt defaulted updated oct 2013.

 

On financial associates it lists his wife there along with lowell porfolio ltd updated oct 2013

 

What do all these updates mean?

 

Des it sound like wife has made contact?

 

It also shows a ccj that he didn't know about registered oct 2008

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well the CCJ will fall of on its 6th birthday so forget about that.

 

UNLESS it relates to theis debt

 

quite often later DCA's chase the same debt

without even knowing a prev one exists.

 

dx


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Yes the settled date is the date of the sale.

Default date in 2009 may not mean the debt is not SB.

 

 

He needs to check trust on line to see the data on the CCJ.


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Thanks dx, the ccj is a different deb

 

where do they get these update dates from, does that mean a contact has been made?

 

Do you still think its best to contact the debt company now?

 

Now we have seen the debt is a default on credit report ignoring will not make it come off. How do i now find out if it is SB?

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Hi DX and others,

 

I'm still struggling as to what to do for the best with this one.

 

This is my partners debt and i really don't want it to go to court and get a ccj.

 

Do the update dates on a credit report mean there has been contact on a debt

and reset the the debt from being SB?

 

Should we contact the debt company and make an offer to pay instalments?

 

We only have until 17th of this month before the threat of a court date.

 

This is a joint debt with his wife and it shows her with the debt on his financial associates.

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no they don't change the SB date

 

no let them run

 

forget the silly threats dates

you need to send that SAR

 

dx


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Who do i send the sar too, the original company or the debt company? Sorry if i am being dumb :???:

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LLOyds - sar always goes to the ORIGINAL CREDITOR..


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ok i've sent the sar, what do i do with the information when we get it back?

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