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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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NATWEST REFUSE TO REFUND BENEFITS after Money Shop take extra UNAUTHORISED payments


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ah natwest

 

one of the two worst ones for chargeback

 

might be worth your while to contact VISA rather than your bank.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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changed your title

 

see if we can NAME AND SHAME

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Whilst it won't provide any immediate relief I would suggest drafting an e-mail to the following;

 

From:

From:

 

Just state the facts, bullet points [who, what, where and when]. Keep a written record of any/all events, I'm sure you'll resolve this but it may take a few days.

 

Phil

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Wowza you guys are the bees knees! I am making notes, and will shoot one off to them will keep it sweet and short and to the point. Just in case virgin cut us off, as we have to cut back on everything, which is not much, is there a postal address too? They are another kettle of fish by the way lol. I will be checking out their broken promises as well!

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ah natwest

 

one of the two worst ones for chargeback

 

might be worth your while to contact VISA rather than your bank.

 

dx

 

I was helping someone who had over £300 taken out of their Natwest account by a PDL - he phoned the bank and reported it - was put through to the fraud team and the money was back in his account by 4pm the same day, so they can do it !

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I was helping someone who had over £300 taken out of their Natwest account by a PDL - he phoned the bank and reported it - was put through to the fraud team and the money was back in his account by 4pm the same day, so they can do it !

 

Now there's an idea :-)

 

Natwest security and fraud ops Farnborough 01252 386 982 [Mon - Fri only from memory]..... or try 0845 300 3983 - they report to Farnborough so don't expect them to do much [if anything] between now and Monday morning.

 

Phil

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As your partner has communications problems I suggest that you phone on his behalf when he's with you, so that he can just give his permission over the phone, and hand it back to you.

 

There's some info here that should help you. http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority&p=3813990&viewfull=1#post3813990

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Ok.

 

Formal Complaint.

 

The Director of Retail Banking

Nat West Bank.

 

Ref: xxxxxxxxxx (Acct No. and Branch address).

 

Dear Sir,

 

I am making a formal complaint regarding the way in which the staff at xxxxxxx branch

have dealt with me over debit card payments being taken by MoneyShop on xx xxxxx.

 

I checked my online account on xxxxxxx to find that 2 debits of £25.00 had been taken

from the account without my knowledge, on enquiring as to what these payments were

for I was told that MoneyShop had taken them.

 

These payments were not authorised by me, as I had become unemployed n xx xx xxxx and

now have only benefits to live on.

 

My partner and I had informed MoneyShop of the situation earlier that day (change if incorrect)

of the situation and provided all the financial data they had demanded and even the bank statement

showing that £ 50.00 was all the money we had to live on.

 

Your staff at this branch were obstructive and unhelpful and refused to make a charge back on the

unauthorised debits an stated that the bank had every right to pay the money as I owed the debt.

 

This left us with no money to feed a family of three, my partner her disabled son and myself and

I have health problems that make it difficult for me to communicate.

 

The attitude of the staff in that branch reduced me to tears, anxiety and stress that has aggravated

my condition.

 

We have been in contact with the Financial Ombudsman Service and they will be communicating

with NatWest in regard to this.

 

We are also aware that there is NO reason legal or otherwise why a charge back could not be

immediately made.

 

I reserve thr right to share this information with other organisations including the National Press.

 

Ok, now you have already contacted FOS the will most likely result in a holding reply from NW.

 

Need more help let me know.

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I had a similar thing with Halifax. They KNEW the money was my benefits but still flatly refused to give any of it back. After going through a complete waste of time with their complaints department it is now with the FOS and I'm initiating small claims court proceedings against them. They're total idiots, the Halifax said in future I can specify where my benefits go but if I do so more than once then they'll close my account!!!

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Previous post has been flagged

 

Edit: Thanks brig. Thought it was prudent to flag it.

Edited by renegadeimp

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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such a shame you feel the need to remove my post, only trying to help. think ill just keep things to myself in future, thought it would be helpful offering an insight into how they work

 

Yes good idea.

We dont need any helpful offerings giving an insight into how they work.....our forums are full of such examples....and those come from the people who know all about the misery Payday loans cause.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Additionally,we dont need PR companies registering accounts on behalf of Payday Loan Companies and High Street Money lending stores,and trying to defend them.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 year later...

Quick update on this. I'm completely dumbfounded by the foslink3.gif.

 

Long story short, the FOS have ruled partially in my favour by telling the bank to pay me £55 compensation (joke amount!) but have said that although I clearly cancelled the CPA both verbally and in writing that it would be unfair to ask the bank to reverse the transactions (over £400's worth) because I owed the money to The Money Shop!

 

If someone breaks into your house and steals your stuff it does not make it ok just because you owe them money.

 

If the FOS will not make the banks follow the law then who will? If the FOS is to be believed then the only was they will ask a bank to reverse a cancelled CPA is if the company taking the money is doing so illegally (you don't owe them anything). Now that is a different matter, it is theft, not the reversal of a cancelled CPA.

 

So now I have the bank chasing me for the money I'm supposed to owe them again!

 

I'm at my wits end here, the amount of time and effort I have had to invest into correcting THEIR mistake is massive now and I'm not having it any more.

 

My question is, how can I get the law enforced here?

 

SORRY IF THERE WAS A DOUBLE POST!

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Was this an adjudicator decision or an Ombudsman decision ? If adjudicator, then I would ask for it to be escalated. The FCA have laid down the rules. If you have cancelled a CPA and they continue to pay out on it. Then they MUST refund the money. What can be clearer than that ?

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Was this an adjudicator decision or an Ombudsman decision ? If adjudicator, then I would ask for it to be escalated. The FCA have laid down the rules. If you have cancelled a CPA and they continue to pay out on it. Then they MUST refund the money. What can be clearer than that ?

 

It was an adjudicator and then it was escalated to an ombudsman (took nearly a year). All they have done it defend what the adjudicator said.

 

So that's their final word! They said they're going to put it online (having changed all the names first) and so I am going to ask them to show me where it is so I can point out their massive failure.

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Yes, if you can do that, then we can have a look and perhaps advise what your next step should be.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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.”

 

 

they must refund CPA's now since your complaint

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I would go over the FOS's heads and get the FCA to lay down the law. Hard.

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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Well the FOS agree that I cancelled the CPA. Then say they can't ask the bank to reverse the transactions after my cancellation because I owed the money to The Money Shop. Complete ignorance of the FCA's rules. Date of decision: 31st July 2013.

 

It is not yet up on their database of decisions but I can quote a bit here:

 

"I can see that the disputed transactions would have reduced Mr X's liability to the The Money SHop so I cannot fairly require Halifax to refund the transactions to him."

 

Unbelievable, eh?

 

How would I go about getting the FCA to enforce their rules?

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Thats why you go to the FCA. They can force them to do it. I would drop in a full and formal complaint. Maybe even go to the press with it.

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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Well The FOS is there to adjudicate on facts, the fact here was that the deductions were unauthorised and should be refunded.

FOS is not there to make MORAL judgements, and NatWest/RBS Group are certainly in no position to take any moral high ground!!

 

The FOS adjudicators decision is flawed and should be appealed to the Ombudsman.

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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