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How to remove a lender's continuous payment authority


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Hiya, strangers, I have just copied the FSA REgs and composed a short and sweet letter to Barclays, with said regs, just in case, for my daughter, will let you all know how I get on.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Be aware, barclays are one of the worst for cancelling the CPA's. If they start to get pushy, stand your ground, keep quoting the law to them, escalate it higher and higher, and NEVER use the phone.

 

Make sure to send it by recorded delivery. It wont cover any payments already made, but once they sign for the letter, then you are covered.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Thanks for all the advice offered in this thread.

 

From my own experience, I've asked Co-op bank to cancel CPAs to QuickQuid and PayDay UK. I phoned them and the customer service agent said that I'd have to talk to their Visa Disputes team. They're only Monday to Friday so was told to phone back on Monday but didn't offer a direct line for them. The agent also suggested starting the dispute in writing which I am. They're saying it's not as cut and dry as cancelling but from what's been discussed here, it's not a dispute at all - I've mentioned the 2009 regulations their obligations and my rights. I think the agent was trying to be helpful enough without risking her job for saying too much. See what they come back with.

 

Anyone else had dealings with Co-op?

 

Out of interest, I did ask them to pause payments earlier this month but they said they couldn't. I can't remember the exact wording but if I had asked them and they said "we can't" is that grounds for a complaint?

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http://www.bbc.co.uk/news/uk-19598492

 

The right to tell your bank to cancel continuous payment authorities and other payments is enshrined in law by the 2009 Payment Services Directive.

 

The Financial Services Authority has made a clear interpretation of the directive regarding the cancellation of payments by bank customers: "Customers have the right to stop any payment leaving their account. No distinction whatsoever has been made for pay-day lenders or indeed any other group.

 

"If the customer withdraws their permission for money to be taken, any further payment would be unauthorised, and would have to be reimbursed to the customer by the bank."

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It's always best to record them yourself. However, to get a recording from the bank, you would need to SAR them and specifically request the recordings.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You can ask for both transcripts and a copy of any 'phone calls using a SAR but you would need to be fairly specific as to the time & date it occurred and they may be able to charge more than the £10 fee.

 

 

Chances are they will say they only record "Some" calls and not all..

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well i just spent 2 hours in natwest branch , spoke to branch manager for 1 hour, he called 2 regional managers, spoke to visa department on branch phone,escalated to line manager in fraud dept ect.i got told the payday lenders are not registering them as continuous payments but as single payments so that they dont get classed as CPA to stop people cancelling them, that was from regional manager! it was crazy.

 

The visa fraud dept told me that the FSA has told them to wait till end of month as they are releasing new polices and to stick to normal procedures until then.so said they cant do anything either.

 

 

by the way sorry for no introduction, just had to have a rant first!

so i just cancelled me account there and then after all that and told them to stuff it..

 

only good thing was the branch manager was alone because of staff sickness and had 8 people waiting an hour for me to finish with him, they were going mad as my entire conversation was in earshot, so they heard me quoting regulations ect even showing him printed material. still wouldnt budge.

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If they class it as single payments, then you need to place a full block on any transactions from those companies.

 

It sounds like you need to make an official complaint to the CEO of natwest, then consider reporting them to the FOS/FSA.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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on phone to fos now.

 

the manager of the branch they said they cant block single payments .as i have had their loan money, they are entitled to have it back

 

 

ok just finished speaking to FOS they have took the complaint on my behalf and forwarded it to them and they have 8 weeks to respond.

Edited by mengmeng
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He said that? You must make a full complaint. It is of NO concern of his what you do with your money. He definitely has no authority saying they are entitled to raid your account simply because you have a loan.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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yes i mentioned that in the complaint also.

 

the FOS lady said she has had dealings with the visa dept before and they are adament they cant stop charges,

 

i replied to him that i will make my own arrangments for repayments and as im a customer of the bank i should be able to decide where my money goes and when. thats when he replied with the loan comment that well you have take there money.

 

i am at a loss and not too good at writing letters thats why i went to FOS but i dont think i said all i needed to. renegadeimp if you in the mood i would love you to take my ramblings and form them in to a letter of complaint that would be taken seriously, if you dont have the time or desire that is fine, just thought i would ask.

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Try something like this:

 

Dear Bank manager,

 

I request that upon receipt of this instruction that you block all current and future payments from my account:
xxxxxxxx
sortcode:
xxxxxx
to the company: QUICK QUID and its associated merchants, and the company: CashEuroNetUK, LLC and its associated merchants.

 

I also instruct that any and all Continuous Payment Authorities on my account in relation to the aforementioned companies/merchants, be cancelled immediately.

 

In accordance with Regulation 55 of The Payment Services Regulations 2009 : 55; 1 (a,b) 2 (a,b) 3 4, you are obliged to comply with this instruction with immediate effect.

 

Sincerely

 

xxxxx Print your name, dont sign it.

 

Everythign in red can be edited to suit. Also be aware that you need to hand this to your bank before the end of the working day BEFORE the payment is due. The earlier in that day you can hand it in, the better.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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When I was having trouble with Barclays, they also said, "you've had a loan so it needs to be repaid". I said it has "**** all to do with you what I've had, that is my business; I've made alternative arrangements to repay so I don't need you anymore"!

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Just to add to my story - I sent Co-operative Bank a letter and then phoned them yesterday.

 

They said that they have noted that I've requested no payments to both Quickquid and PayDayUK and will reverse any payments that go through.

 

Didn't say that they could stop them, just if they do go through, they'll reverse them as soon as they appear. They did acknowledge who the companies were - as if it were better they get on their customer's side than help the loan sharks.

 

As a bank, they've actually been quite reasonable to deal with - I then talked to another agent about my debts and they were surprisingly supportive and helpful. Weird.

 

Anyways, from my point of view it seems Co-op are into stopping payments to pay day loan companies if you need them to.

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  • 2 months later...

My two penny's worth - I told Halifax in writing to stop any future CPA transactions. They did not do this (to the better part of £300) and now have the cheek to be chasing me for this 'debt' to them (plus charges and interest)!

 

So I complained, it went to the FOS and they have now come back and said to ask the bank to return the transactions in question would be unfair!

 

From this we can infer that any bank is well within its rights to repay any private debts you may have then charge you for it, even if you only have £1.00 in your account and no overdraft. It seems the FOS agree too.

 

So basically the law and guidelines on this means absolutely nothing. The banks will carry on behaving as they wish and the FOS will back them up. Unbelievable.

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My two penny's worth - I told Halifax in writing to stop any future CPA transactions. They did not do this (to the better part of £300) and now have the cheek to be chasing me for this 'debt' to them (plus charges and interest)!

 

So I complained, it went to the FOS and they have now come back and said to ask the bank to return the transactions in question would be unfair!

 

From this we can infer that any bank is well within its rights to repay any private debts you may have then charge you for it, even if you only have £1.00 in your account and no overdraft. It seems the FOS agree too.

 

So basically the law and guidelines on this means absolutely nothing. The banks will carry on behaving as they wish and the FOS will back them up. Unbelievable.

 

I'm not sure where FOS comes into this but the FSA have the power to enforce. Write to them, I suggest. At the moment it seems FSA website is down.

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  • 4 weeks later...

I' m not sure if I have put this in the correct place but can you tell me if I have 2 accounts with the same bank will a cpa be taken from the other account if I default on the original account.Thanks

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No it cannot be done, if there is a problem instruct your bank (don't ask) to stop the CPA immediately, they will probably argue but the can and must obey your instruction.

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Thank you, all of your advice on here has been really helpful. I did not want to close down my main current account as it has an overdraft which they would make me repay, but if I can leave it open and just transfer my money over to my other account it makes life easier.Thanks again.

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Thank you, all of your advice on here has been really helpful. I did not want to close down my main current account as it has an overdraft which they would make me repay, but if I can leave it open and just transfer my money over to my other account it makes life easier.Thanks again.

 

Your bank cannot refuse to stop the CPA.

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!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 2 months later...

Just an update, which I have posted elsewhere. I previously lost a large sum to CFO Payday Lenders because NatWest would not cancel their CPA.

 

Today I rang them when a debit appeared from Payday Express on an account which was empty and had no overdraft! They immediately said that all future transactions from that company would be reversed.

 

Is this a major shift in their attitude, and an acknowledgement that they cannot defy the FSA forever, or did I just get a nice assistant?

 

BTW she said cancelling the card would make no difference.

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It's true any new card is still linked to the same account, it's the account No. that needs changing.

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!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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