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    • So you're telling me you wouldn't rule it out but agreeing with others it's true without qualification. Hardly objective.   There is no evidence it's true and not even Labour are suggesting it. Like I say, opinions are fine but they are worthless unlesss they have at least some factual basis.   Germany put Spain on their quarentine list yesterday, are you blaming that on Brexiteers too?
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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        
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fox11

Link Financial trying to recover 12 year old ccj?

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Hi All,

I've had a read of some threads which have given me some really helpful advice,

but I was hoping someone could offer something more specific to my husband's situation.

 

My husband recieved a letter from Link a couple of months ago regarding an old (pre 1998) student loan.

We sent off a statute barred letter only for them to reply saying the account was subject to a ccj and so cannot be sb'ed.

 

I do not think they knew about the ccj to start with as the original sum they were asking was about £3300, and this dropped to £2400 in the ccj letter.

 

My oh has no knowledge of the ccj (Link claim he has paid £104 towards it but as he didn't know about it this is unlikely!),

but rang the county court who confirmed a ccj was given to the slc in 2000 (Link had ref no of the ccj).

 

The lady dh spoke to at the court was quite helpful and told dh it would no longer be enforceable but would speak to the Judge.

I assume she got 'told off' for discussing it with dh as he recieved a strangely short email from her saying Judge said they would need to seek permission to enforce but this is likely to be given! :!:

 

We were planning on replying to Link just asking them to prove the ccj, that they are the claimant etc

- not telling them we had spoken to the court and see what they come up with.

 

The debt helpline suggested we could offer 30-40% of debt as settlement - is this a good idea?

 

Reading on here we assumed it would be unlikely to be re-enforced, but the reply from court suggests it could be likely.

 

Can anyone suggest what would be the sensible way forward here?

 

Thanks

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I would invite Link to provide full details of the 'alleged' CCJ - there's certainly no need to help them by giving any details which you have been able to discover, and also to provide proof that your husband made the alleged payment of £104, including full details of when and exactly how the payment was made.

 

To a certain extent Link are correct in that if a CCJ has been granted then the debt cannot become statute barred, but if it has not been enforced for 12 years Link would have to go back to court for permission and to be honest I would be amazed if permission was granted unless your husband has been hiding under a stone for the last 12 years.

 

Additionally, if your husband really knew nothing at all about it then he could also apply to have the CCJ set aside.

 

All in all, if Link want their £2400 they are going to have to work for it and it is going to cost them. Can't see it happening personally, but you never know. At least they can't trash his credit reference file with it.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thanks, I've written a letter asking for proof so will see what they come up with.

My husband was homeless for the first few years but has been on the electrol roll since 2004 and we got a mortgage in 2005 with no problems so he has certainly been traceable.

Is the issue of the payment relevant to whether the ccj is still enforcable or not then?

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Desperate times come's to mind with this one. Agree with reallymadwoman, prove it....


[sIGPIC][/sIGPIC]Happyhippy1959

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urm... CCJ's are 6yrs and they fall off a cra

paid or otherwise not 12yrs [thats mortgages]

 

i would infact do nothing mre.

 

link as usual are talking a load of bullworts just to get you to contact them.

 

check your oh's cra file please

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Is the issue of the payment relevant to whether the ccj is still enforcable or not then?

 

Probably not, but why not make them prove everything. If it turns out the payment was nothing to do with your husband it just discredits the rest of their utterances.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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See sec 24; http://www.legislation.gov.uk/ukpga/1980/58

 

If a creditor tried to enforce it your defence would be section 24 of the limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.


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urm... CCJ's are 6yrs and they fall off a cra

paid or otherwise not 12yrs [thats mortgages]

 

i would infact do nothing mre.

 

link as usual are talking a load of bullworts just to get you to contact them.

 

check your oh's cra file please

 

dx

 

Dh checked his credit file which is clear, we also hadchecks done in 2005 and 2010 when we took out a mortgage.

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See sec 24;

 

If a creditor tried to enforce it your defence would be section 24 of the limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.

 

thanksfor that,I'll keep it in mind if they try to claim it's enforcable.

 

They have just sent a letter asking him to ring them to arrange apayment plan if he cannot pay it back in one go, despite telling him originally payment plans were not acceptable, so perhaps they arefeeling the shaky ground?!

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thanksfor that,I'll keep it in mind if they try to claim it's enforcable.

 

They have just sent a letter asking him to ring them to arrange apayment plan if he cannot pay it back in one go, despite telling him originally payment plans were not acceptable, so perhaps they arefeeling the shaky ground?!

 

Or they just want to get him on the phone where they can say and threaten what they like without having to put it in writing.

You are not going to phone them, of course. Unless you can record the call.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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If they write back with nonsense about the CCJ and there are no reasons for you not paying, just write back a short and sweet letter addressed to their compliance manager. e.g the owners of the debt had 6 years from the date of the CCJ to collect and they failed to do so. Therefore the CCJ is no longer relevant and you will not be able to get any judge to extend it. I would therefore suggest that you stop trying to communicate with me or a report will be made to the OFT.


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Simply copy to Link, the points made by cerabusalert in post #7


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