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    • 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..      
    • eh? no valid contract!   is the BT coming out the same bank AC?  
    • Hi Sorry but i am still stuck on where to go next in all of this.   This week the dealer contacted me at the 11th hour to talk repair of my car. He seemed only interested in the repair in speaking of just one of the problems  and i was struggling to get him to commit to the other fixes required. I asked him about the service history log and the proof that he had changed the cam belt.   He has told me that he will chase the service log book through his accountant. (I'm confused why through his accountant) and that his mechanic would provide the paperwork for the cambelt work, although he is away until September. (I dont believe any of this. He has had months to do this)   Back in June he said in a text to me that he would get my car fixed once his supplier opened for business from the 4th July and arrange a date with me. From that date onwards i was unable to contact him. He didn't answer his phones or reply to my texts or answer machine messages. He has told me now that his business was closed during that time.    I asked him about the 3 recorded messages i had sent him that were signed for. He said that he has not seen any letters. Somehow though he has sold 10 cars throughout May, June and July. I have been watching his stock level on Autotrader and he has been advertising his new stock and his sales on facebook throughout this period. Also he has chosen to contact me this week on the night before i was stating i would take action.   Frustratingly i expressed my desire to return the car to him for a refund and he has told me that because i didn't reject the car in the first 30 days then that wont happen. How could i reject the car if his business was apparently closed, we was not responding to me other than initially putting off any attempt at repair work.   I am feeling completely cheated by this man. He has even accused me of purchasing a car from him that i knew was faulty!!    I have shared my story recently on a Land Rover forum and interestingly a member of the forum has come forward and told me that he had also test drove the car before i did. He said the car displayed the errors i am experiencing and that the dealer had acted suspiciously. This forum member has offered to write me a statement if its of any use?   September the car is due an MOT and it is likely to fail because of the work he has not done. If i take this matter to court and it takes 6 months then what do i do if the car fails the MOT or the faults cause the car to brake down? I need this car for travelling to work and back.   Is it a viable option for me to get the car fixed myself and then claim that cost at court? I need a working car and i do not trust this dealer. He is clearly telling lies and i dont trust him completing the work to a satisfactory level if at all. Im assuming he is wanting to wait for HIS MECHANIC to get back from his holiday too. Strange time to be away for several weeks.   If i was to get my garage to do the repairs i could also ask them to confirm if the cambelt was ever changed. I'm convinced it wasn't.   Please advise. I am incredibly stressed out.
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    • 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
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On Sunday 7th Oct I decided to spend the day looking for cars. There was a car I really liked at a reputable garage in Bristol, so I drove to the garage to go and have a look at the car. Upon arrival I was informed that the car I had originally come to view was actually in the garage being serviced and prepped for sale.. In the meantime another car caught my eye. I asked about the car and showed my interest..


The salesman took me back into the office to find out more information about the vehicle that had caught my eye on the forecourt. This car had finance fall through and therefore no information was available on the website. However, the salesman offered to show me around the car and look first hand.. I really liked, so much I wanted to test drive it, which I did.Whilst on the test drive I asked the salesman "is the car fitted with cruise control?" his reply was "yes, but it doesn't work at slow speeds. You're not allowed to exceed 50 mph on trade plates". I took this as a verbal confirmation.


When I returned to the garage from the test drive I was greeted by their finance manager who offered me a 5 year finance deal on the car, which was too expensive and didn't allow me to have any money from my old car. I wanted to sell my car privately as I was convinced I could get more money from a private sale (he offered me £3400 I was looking for a minimum of £5000) as I have £2,500 I needed to pay off before I was to get a new car. I could put the other of the £2,500 I was expecting from the sale of my car as a deposit on the finance. Anyway, he did some calculations and he was able to meet my monthly repayment budget and offer me back £2,500 on my part exchange which was excellent. I signed the deposit and arranged to pick up my car the next day.


I went to pick up my car on the Monday after work and I could barely hold my excitement in. The salesman allowed to have a once over of the car before signing all of the finance documents. Again, I asked about how to activate/set the cruise control and the salesman said "It will be on the lever here, do you want me to go and get the car handbook?" I said "No", not wanting to waste any more time.. Presuming at that point that the car would surely have cruise control.


Anyway, I drove the car away with a big smile on my face. I drove to my mum's to show her the car. She lives on the other side of town so it requires a motorway trip. "Brilliant", I thought, as I was driving down the motorway I was struggling to work out how to use the cruise control so I asked my partner in the passenger seat to look in the car handbook. I was horrified when there was an extra lever illustrated in the handbook that wasn't featured on my car.


The next day I rang up to chase the cheque I was waiting to collect for the £2,500 cashback the salesman offered me for my part exchange. I also mentioned that I'm really happy with the car but that I had one problem, the cruise control. Because of the nature of my business, this is almost a bare essential on any new car I would purchase. The salesman said, "Oh, I'm not sure what we can do about that, come in tonight to pick your cheque up and we'll talk about it".


Cautious that big garages have vast backing of legal teams I rang my local citizens advise Bureau to explain my situation as above who said I have two options... To go to the garage and ask for a remedy to my problem (I.E - ask them to fit cruise control or refund me the value to fit cruise control). Alternatively I can request either money back or an exchange for a vehicle of the same value..


Loaded with this information, I returned to the garage knowing I'm fully within my rights to get either or.. I discussed it with the salesman who agreed that I mistakenly told me the car had cruise control, I explained whether it's a mistake or not, I need a vehicle with cruise control. He agreed and spoke to someone higher up. After conferring for about 10 minutes, the person higher up came over and said they will check and see what they can do and will let me know by telephone the next day.


I apologise for blabbing, but I thought it would be best that everyone was familiar with the situation.


My question is where do I stand if the following happens:


- they offer to cancel my finance agreement (what are my rights to getting my original car back)

- they offer to fit cruise control at their cost (is it legally required to be done by a dealer or approved garage)


What else can I expect from the garage when they come back to me?

Edited by plummeh

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I would say that you are entitled to an immediate refund as a matter of law.

On that basis you can negotiate for a reduction to the value of having CC retro-fitted or else they can agree to fit it themselves - but you wouldn't have to pay any more.

I think that you should prepare for your meeting by getting quotes from authorised garages for the fitting of Cruise control. It would be worth having this information in advance so that you know exactly what kind of value you are debating with them.


If they agree to fitted themselves then you need to make sure that you have a definite date by which the work will be completed. It really should be done within the next 14 days and I'm sure that it wouldn't take more than one day. However you need to talk about this with authorised garages to find out what it entails.


Next thing, I would start making notes of all the conversations you have had so far – and frankly I would start carrying a small recorder into the meetings and record anything that said – without letting anybody know. I think that you are very lucky – they could have easily have denied any promise about Cruise control. So far they may seem very cooperative – but these things can change when they start to realise that maybe it is going to cost more than they are happy with. It may be that they have in mind offering you a couple of hundred pounds – when retrofitting of Cruise control might be much more expensive.


If you don't record meetings you should at least make sure that you make notes during the meeting and also summarise everything that was said immediately afterwards

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Hi BankFodder,


Many thanks for your reply.


I will make sure I start taking note of the conversations - is this a precautionary measure should the case go further legally?


My ideal situation, because I have no other problems with the car, is for the retailer to ask me to get a price to fit the cruise control. This way, I will have my preferred choice of fitter whether that be a BMW garage or I have a close friend who specialises in BMW's. I don't really want to be in a position where I have to hassle around with either swapping the car for another, or getting my full refund and cancel the finance agreement but if push comes to shove I will have to do this.


If they say to me that they will get the car fitted with cruise control, and cover the costs of the fitting are the legally obliged to do it with a legitimate fitter?


Also, where do I stand if they offer to cancel the finance agreement on my part exchanged car?


Thanks again.

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I would reject the car immediately, but discuss with them what they can do to end that rejection (in writing in the first instance explaining your full reasons for rejection).


It prevents them dragging things then claiming you cannot subsequently reject.

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I am going to wait to hear their verdict on what they can do to get cruise control fitted - which they said they would get back to me today.


I have had a price from my main BMW dealer in Bristol who have quoted me just short of £1,000 to have it fitted.


Will let everyone know the outcome.

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Just had a call from the garage who said they have spoke to their local fitter (non-genuine, aftermarket parts) who can fit it for £750.00 and that the garage will absorb £500 of the charges as a goodwill gesture due to the misunderstanding between me and the salesman. I'm a bit concerned that because the car is within three years old, that by getting it fitted by a non-genuine BMW dealer that it will void the 3 year manufacturer warranty I have on the car. I said that I would prefer it was BMW genuienly fitted or I want my money back and the salesman said there's no chance of that and said that because the car was not advertised with cruise control I have no right to my money back and that it was my word against the salesman (who now denies he mentioned anything about cruise control).


Any advice from here is much appreciated.

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Just had a call from the garage who said they have spoke to their local fitter (non-genuine, aftermarket parts) who can fit it for £750.00 and that the garage will absorb £500 of the charges as a goodwill gesture due to the misunderstanding between me and the salesman. I'm a bit concerned that because the car is within three years old, that by getting it fitted by a non-genuine BMW dealer that it will void the 3 year manufacturer warranty I have on the car. I said that I would prefer it was BMW genuienly fitted or I want my money back and the salesman said there's no chance of that and said that because the car was not advertised with cruise control I have no right to my money back and that it was my word against the salesman (who now denies he mentioned anything about cruise control).




Any advice from here is much appreciated.




There is a place called Conrad Anderson that will supply and fit cruise control to you car for around £500 it is somewhere in mainland uk if you google BMW cruise control you will find them.



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Well guys - matter resolved, to satisfaction at least.


I rang up the car dealer who offered me the option of using their preferred choice of fitter, which I wasn't over happy with because this would void the year long manufacturer warranty the car comes included with. On this basis they said they would put £250 towards my preferred choice. When I asked to pick up the letter, the garage denied any knowledge of the conversation we'd had the night before. So I've had to take time off work, go down to the garage personally and sort out a letter which will garantee me to £250 once the work has been complete and I provide an invoice/proof of fitting. I rang BMW to see if there was any leniency in the price they quoted they said not by them, but one of their sub-contractors in Bristol (who apparantly, according to BMW, does alot of out-sourced work) on this basis my warranty will not be affected. He gave me a price for £541.67 + VAT so I am going to go with this option.


So overall I am glad with the outcome, so it was worth the 3 days of pure hassle bargaining with the garage - although I can safely say I will avoid the garage in the future.

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