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    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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aleesha1992

VISIT Notice - Marshall Hoares Bailiffs

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Hi, I am new to this site and have just come across a few threads mentioning Toothfairy/Marshall Hoarers Bailiffs. I received this email 2 days ago and have no way of contacting them especially by phone on a charging number. They have no email to contact them on. I did set up a £50 repayment plan from 31.12.12 but was unable to pay due to work problems.

I am in contact with Citizens Advice but don't have an appointment until Wednesday 9th Jan 2013 to get any payday loans settled.

 

Is this email legit and will they turn up at my house this week?

 

 

BY LETTER AND EMAIL

 

Online payment ID: 16559868

 

Outstanding amount: 1058

 

PRE-VISIT Notice

 

Client: ToothFairy Finance Ltd - ToothFairy Pay Day Loan***

Client Ref: 16559868

 

Date: 03/01/2013

 

You have failed to make suitable repayment arrangements concerning the above arrears which remain outstanding.

 

Our recovery Agents will now visit your premises to discuss your debt and arrange repayment .All visits may be chargeable.

 

You must make the IMMEDIATE FULL PAYMENT of all outstanding amounts (as shown above) to prevent this action from commencing or contact us to arrange a suitable repayment plan.

 

YOU HAVE 3 DAYS FROM THE DATE STATED IN THIS NOTICE TO MAKE PAYMENT NOTE: THIS IS YOUR FINAL CHANCE TO AVOID COURT ACTION. NO FURTHER WARNING WILL BE GIVEN

 

A fully prepared case will be sent to your local County Court or Sheriff Court to be issued. If we are successful and receive judgement we will apply for a Warrant of Execution or Scottish equivalent to seize goods or an Attachment of Earnings Order or Scottish equivalent to have this debt deducted directly from your salary, this would require us to liaise with your employer.

 

WE ADVISE YOU TO CONTACT US IMMEDIATELY on 08433811111.

 

Yours faithfully

 

 

 

Door Collections

Marshall Hoares Bailiffs

Telephone: 0843 381 1111

 

 

The content of this email should not be considered as an acceptance of any offer unless we previously review and expressly approve in writing your terms and conditions relating to the subject matter of this email.

 

The information in this email is private and confidential. If you are not th e intended recipient(s) or have otherwise received this email in error, please delete the email and inform the sender as soon as possible. This email may not be disclosed, used or copied by anyone other than the intended recipient(s). Any opinions, statements or comments contained in this email are not necessarily those of Marshall Hoares Bailiffs Limited. If you wish clarification of any matter, please request confirmation in writing.

 

Marshall Hoares Bailiffs Limited is a company registered in England and Wales whose registered address is Marshall Hoares Bailiffs Limited, 15 Lyndhurst Terrace, London, NW3 5QA, United Kingdom. Company registration number 06871092. Marshall Hoares Bailiffs Limited is licensed by the Office of Fair Trading under Consumer Credit Licence number 631168.

 

We take precautions to minimise the risk of this email containing a software virus but you should use virus checking software.

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Hi

Please do not ignore this email, you must email them back setting up an affordable repayment plan, even if you can only afford £5.00 a month then state this. Also send them a financial statement (list your income and all outgoings) this will show your disposable income (what you are left with once all outgoings have been paid). Send this by email and set it so you are sent a read receipt, this acknowledges they have read your eamil. Also send the same letter and financial statement by recorded delivery and check it has arrived, this can be done online.

Also state in your letter you will not be discussing any payment proposals with any agents attending your premises all contact must be made via post.

 

If agents arrive at your house try not to answer door but if you do just inform them you have sent correspondence regarding this issue and you are waiting for a reply. The threat of court action is merely standard procedure but they will take this route if you do not offer payment and adhere to that payment.

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Sorry forgot to add I'm not sure if they have taken you to court or not, please confirm.

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KAz is right, dont ignore them. I do for a good reason but everything else ive dealt with from other companies has been sorted.

Sending an Income + Expenditure List wont help. They dont have a valid email address and its all done via an online form which is very primitive.

 

No matter if you pay £25, they have a policy NOT to stop interest. So any payment would be negated by interest.

If someone does turn up tell them to shoooo off, they are normally trespassing.

 

Debt collectors have no right to anything you do until they receive a Warrant of execution which will be issued by a court and executed by a legal bailiff which these people do no have.

 

Now to the joking part - "All Visits May Be Chargeable" oh dear - Seems they have shot themselves in the foot. DCAs have a way of sending letters saying May, Might.... And never will ^__^

 

Please be strong :)

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Marshal Hoares would be acting in the capacity of Debt Collection Agent.. and NOT as Bailiff in this respect.

 

I am a little concerned that TF have elected to use such a company who might possibly confuse consumers.

 

If they do turn up - then you can ask them to leave - they have no power of entry.


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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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Marshal Hoares would be acting in the capacity of Debt Collection Agent.. and NOT as Bailiff in this respect.

 

I am a little concerned that TF have elected to use such a company who might possibly confuse consumers.

 

If they do turn up - then you can ask them to leave - they have no power of entry.

 

TFF Are Part of CIM Technologies, Northern Debt Recovery Are part of Cim, Marshall Hoares Baliffs Are Part Of Cim.... Notice something here?

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It is extremely worrying if they are claiming to be acting in their capacity of Bailffs when they are only collecting as Debt Collection Agent. You should actually make a complaint to the OFT about this.


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

 

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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They will not show up at your door, don't worry about that.

Even if they did, unless they show you evidence that they have been sent by the Court even a foot in the door is a crime.

 

With other pdls I'd advice to negotiate a suitable repayment plan, with this particular one though, just pay what you can when you can and only the amount actually owed (original loan + 1 month interest + initial default fee minus any payment already made), then simply tell them to stick it where the sun doesn't shine if they demand more (which they will beyond any doubt).

 

If you did pdls the honour of considering them bottom of the barrel lenders toothfairy wouldn't even be stuck to the underside of the barrel, much less inside of it and there is zero evidence of them ever doing more than send threatening communication.

 

Just pay it back when you can so you can later pat yourself on the back, feel good and say you've done the right thing.

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Hi, I am new to this site and have just come across a few threads mentioning Toothfairy/Marshall Hoarers Bailiffs. I received this email 2 days ago and have no way of contacting them especially by phone on a charging number. They have no email to contact them on. I did set up a £50 repayment plan from 31.12.12 but was unable to pay due to work problems.

I am in contact with Citizens Advice but don't have an appointment until Wednesday 9th Jan 2013 to get any payday loans settled.

 

Is this email legit and will they turn up at my house this week?

 

 

BY LETTER AND EMAIL

 

Online payment ID: 16559868

 

Outstanding amount: 1058

 

PRE-VISIT Notice

 

Client: ToothFairy Finance Ltd - ToothFairy Pay Day Loan***

Client Ref: 16559868

 

Date: 03/01/2013

 

You have failed to make suitable repayment arrangements concerning the above arrears which remain outstanding.

 

Our recovery Agents will now visit your premises to discuss your debt and arrange repayment .All visits may be chargeable.

 

You must make the IMMEDIATE FULL PAYMENT of all outstanding amounts (as shown above) to prevent this action from commencing or contact us to arrange a suitable repayment plan.

 

YOU HAVE 3 DAYS FROM THE DATE STATED IN THIS NOTICE TO MAKE PAYMENT NOTE: THIS IS YOUR FINAL CHANCE TO AVOID COURT ACTION. NO FURTHER WARNING WILL BE GIVEN

 

A fully prepared case will be sent to your local County Court or Sheriff Court to be issued. If we are successful and receive judgement we will apply for a Warrant of Execution or Scottish equivalent to seize goods or an Attachment of Earnings Order or Scottish equivalent to have this debt deducted directly from your salary, this would require us to liaise with your employer.

 

WE ADVISE YOU TO CONTACT US IMMEDIATELY on 08433811111.

 

Yours faithfully

 

 

 

Door Collections

Marshall Hoares Bailiffs

Telephone: 0843 381 1111

 

 

The content of this email should not be considered as an acceptance of any offer unless we previously review and expressly approve in writing your terms and conditions relating to the subject matter of this email.

 

The information in this email is private and confidential. If you are not th e intended recipient(s) or have otherwise received this email in error, please delete the email and inform the sender as soon as possible. This email may not be disclosed, used or copied by anyone other than the intended recipient(s). Any opinions, statements or comments contained in this email are not necessarily those of Marshall Hoares Bailiffs Limited. If you wish clarification of any matter, please request confirmation in writing.

 

Marshall Hoares Bailiffs Limited is a company registered in England and Wales whose registered address is Marshall Hoares Bailiffs Limited, 15 Lyndhurst Terrace, London, NW3 5QA, United Kingdom. Company registration number 06871092. Marshall Hoares Bailiffs Limited is licensed by the Office of Fair Trading under Consumer Credit Licence number 631168.

 

We take precautions to minimise the risk of this email containing a software virus but you should use virus checking software.

 

 

Hi, I'm new to this site. If anyone is having problems with MARSHALL HOARES BAILIFFS here is there landline number 01224931013, yet occasionally they will say they are NORTHERN DEBT RECOVERY.

 

Back in October 2012 I applied for a £200 loan with SPEED CREDIT, signed the agreement for £200 loan yet was processed for a £400 loan, I received the agreement for a £400 loan too!!

 

Strange that as I know I didn't sign for that amount as it stated 200 on the one I signed, I contacted them straight away and could not get through so I contacted fos (financial ombudsmen service) to report it, they got in touch with them and gave them 8 weeks to resolve my problem, I had 350 left of the 400, I offers it them all back and wait 2wks for the other 50 pound which they refused to take, they gave me a week to pay it back without interest, I couldn't get the other 50 so was stuffed!!

 

 

I offers them 200 back that way they could reduce my loan to the original amount of £200 but oh no they refused, to cut a long story short, I now owe £1150 I was on a payment plan but I couldn't afford so they cancelled it ad they wouldn't accept my offer, its been in dispute since day 1, I've passed it over to fos to take on and deal with, I have kept every email, text and recorded all calls, they are all mouth no trousers and they will not take you court as the longer they keep the harrasing calls going the more money they make off you by the interest.....everytime they ring I say " HAVE YOU GOT A COURT DATE YET?" they say court date for wat... I reply " TO TAKE ME TO COURT FOR THE OUTSTANDING BALANCE, PLEASE ONLY CONTACT ME WHEN IT'S TO INFORM ME OF THE COURT DATE" HANGUP!!

 

I always say that now n if they get into an argument or hissey fit tell em " you won't accept my offer so the only way this will be resolved is via court so I suggest you take it to court and I will have my say in court with all the harassing evidence I have...hang up.

 

They won't take you court and northern debt recovery, Marshall hoarse bailiffs, is under Gary chapple and oliver larholt director names to whom I have both of there numbers direct, but waste of space, well I've had enough and I am taking legal action against them for harrasment and the obvious fraud they committed by sending me a different loan and agreement.

 

 

If anyone is in the same position I would go see the cab cause they can help to get this sorted and help :)

Edited by citizenB

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Hi, I'm new to this site. If anyone is having problems with MARSHALL HOARES BAILIFFS here is there landline number 01224931013, yet occasionally they will say they are NORTHERN DEBT RECOVERY.

 

Back in October 2012 I applied for a £200 loan with SPEED CREDIT, signed the agreement for £200 loan yet was processed for a £400 loan, I received the agreement for a £400 loan too!!

 

Strange that as I know I didn't sign for that amount as it stated 200 on the one I signed, I contacted them straight away and could not get through so I contacted fos (financial ombudsmen service) to report it, they got in touch with them and gave them 8 weeks to resolve my problem, I had 350 left of the 400, I offers it them all back and wait 2wks for the other 50 pound which they refused to take, they gave me a week to pay it back without interest, I couldn't get the other 50 so was stuffed!!

 

 

I offers them 200 back that way they could reduce my loan to the original amount of £200 but oh no they refused, to cut a long story short, I now owe £1150 I was on a payment plan but I couldn't afford so they cancelled it ad they wouldn't accept my offer, its been in dispute since day 1, I've passed it over to fos to take on and deal with, I have kept every email, text and recorded all calls, they are all mouth no trousers and they will not take you court as the longer they keep the harrasing calls going the more money they make off you by the interest.....everytime they ring I say " HAVE YOU GOT A COURT DATE YET?" they say court date for wat... I reply " TO TAKE ME TO COURT FOR THE OUTSTANDING BALANCE, PLEASE ONLY CONTACT ME WHEN IT'S TO INFORM ME OF THE COURT DATE" HANGUP!!

 

I always say that now n if they get into an argument or hissey fit tell em " you won't accept my offer so the only way this will be resolved is via court so I suggest you take it to court and I will have my say in court with all the harassing evidence I have...hang up.

 

They won't take you court and northern debt recovery, Marshall hoarse bailiffs, is under Gary chapple and oliver larholt director names to whom I have both of there numbers direct, but waste of space, well I've had enough and I am taking legal action against them for harrasment and the obvious fraud they committed by sending me a different loan and agreement.

 

 

If anyone is in the same position I would go see the cab cause they can help to get this sorted and help :)

 

01224 is an Aberdeen number?

Are they running scared and trying to outwit the authorities? :lol:


2nd July 2012 EarlyPayDay a/c Cleared!:-D

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30th November 2012

Pounds to Pocket CLEARED!

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Speed Credit CLEARED!!!!

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Im having the same problem and saying I owe over 2000 for a 400 loan. They now saying I need to pay it in full my tomorrow. Like yourself I cant afford, currently on job seekers. How on earth do I go about trying to set up a payment plan or what not or who do I contact for help? :/

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Im having the same problem and saying I owe over 2000 for a 400 loan. They now saying I need to pay it in full my tomorrow. Like yourself I cant afford, currently on job seekers. How on earth do I go about trying to set up a payment plan or what not or who do I contact for help? :/

 

I'm guessing you had an email from NDR today saying you needed the full amount available in your account from midnight tonight?

 

I just had that one and hit reply twice with the same response. I said as was my legal rig I withdrew any right for them to take money from my account, that if they did I would report them as it would be illegal. I also then went on to say that I was reporting them to the relevant authorities as I had sought independent legal advice and they had no leg to stand on other than to ask for their original loan plus one month interest which is all I will repay. I then mentioned how bad they looked pursuing the debt through more than one company and that the FOS would love all the correspondence i had from them. I gave them until 5pm to acknowledge receipt of my email and said if I didn't have it by then I would assume they were willingly breaking the law and would be straight on to all authorities interested and ensuring that I did everything in my power to make sure they lost their licence.

 

Haven't heard anything yet. Next step is a recorded phone call, which I am going to make on loudspeaker and record. I've also rang my bank cancelling CPA and would suggest you did the same. I think they are running scared as they know they are under serious investigation!

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If you want to cancel any payments through your bank, you must get it done in writing and get written confirmation of the acceptance of your instruction. If you call them, the call's never seem to be found or recorded if they let the payments through.


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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Yep, best to do it in branch and get a piece of paper signed by the branch manager confirming that they've done it, can be a pain to get it, but short of changing to a different bank its the only 100% safe way.

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The following article will be in the CAG newsletter which is being sent to all members at this moment.

 

OFT issues rules for continuous payment authorities

The OFT has issued a set of principles for businesses using continuous payment authorities (CPAs) amid concerns that customers are not always being made aware of what they are signing up to and may be misled about their rights to cancel.

They have clarified that customers can cancel a CPA with either the company taking the payment, or with the bank or card provider.

Once a customer has told the bank or card issuer that they have stopped permission for the payments, the bank or card provider must halt payments and has no right to insist that you agree this first with the company taking the payments.

Read more


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

 

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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About damn time the OFT actually got this down. It's been law for almost 4 years.


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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I'm guessing you had an email from NDR today saying you needed the full amount available in your account from midnight tonight?

 

I just had that one and hit reply twice with the same response. I said as was my legal rig I withdrew any right for them to take money from my account, that if they did I would report them as it would be illegal. I also then went on to say that I was reporting them to the relevant authorities as I had sought independent legal advice and they had no leg to stand on other than to ask for their original loan plus one month interest which is all I will repay. I then mentioned how bad they looked pursuing the debt through more than one company and that the FOS would love all the correspondence i had from them. I gave them until 5pm to acknowledge receipt of my email and said if I didn't have it by then I would assume they were willingly breaking the law and would be straight on to all authorities interested and ensuring that I did everything in my power to make sure they lost their licence.

 

Haven't heard anything yet. Next step is a recorded phone call, which I am going to make on loudspeaker and record. I've also rang my bank cancelling CPA and would suggest you did the same. I think they are running scared as they know they are under serious investigation!

 

 

hi. I took out a 100 pound loan with community payday fell behind with payment after been poorly. had other financial problems too. received only 1 email after mg debt had been passed on to mh bailiffs. this was 18 months. had voicemails and texts saying I will be getting a bailiffs to my door within 7 days. never had one. got paid on a Friday checked ny balance on the Saturday. they had gone and taken 156 pounds from my bank without me knowing about it. phoned them spoke to a woman only for her to tell nr how it's all my fault. she kept talking over Me so I demanded to speak to someone higher up. a Man called back ten minutes later saying it's all my fault and there is nothing he was willing to do . to say he shouted at me was an under statement . I'm hoping citizens advice will be able time help as the bank said they can't retrieve my money as it has already left my account . this wasn't a direct debit either. has anyone else experienced the same ancient does anyone know if this is legal????????????

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Go to your bank, demand a chargeback as it was an unauthorised transaction. File a full complaint with the idiots at MHB ( they are NOT bailiffs. they are a DCA) and send a letter to the OFT.

 

Also, STAY OFF THE PHONE. Only deal with financial matters in writing. They will say and do ANYTHING over the phone.


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Go to your bank, demand a chargeback as it was an unauthorised transaction. File a full complaint with the idiots at MHB ( they are NOT bailiffs. they are a DCA) and send a letter to the OFT.

 

Also, STAY OFF THE PHONE. Only deal with financial matters in writing. They will say and do ANYTHING over the phone.

 

Do you think people should be complaining about the banks who keeping giving their customers false information too?

 

"We can't stop a continuous payment"

"We can't issue a chargeback"

 

Consumers need to be protected from these fiends by their banks and this just isn't happening. It's a disgrace.

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Do you think people should be complaining about the banks who keeping giving their customers false information too?

 

"We can't stop a continuous payment"

"We can't issue a chargeback"

 

Consumers need to be protected from these fiends by their banks and this just isn't happening. It's a disgrace.

 

Agree wholeheartedly :( the banks wont do anything half the time

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Have you gone to both the FOS and OFT, they are actively taking complaints against PDL companies at the moment, I've had a partial result with my complaint against another PDL and am pushing for financial compensation.

 

All complaints are counting at the moment so yours could be the one which makes the OFT decide that they will not be renewing any of their licences.

 

I still maintain it should be 'one licence per trading name' to stop widespread abuse and mis-representation (and false information gathering).

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Do you think people should be complaining about the banks who keeping giving their customers false information too?

 

"We can't stop a continuous payment"

"We can't issue a chargeback"

 

Consumers need to be protected from these fiends by their banks and this just isn't happening. It's a disgrace.

 

Yes, to both the OFT and the Financial Ombudsman :)


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Well after chasing Banks etc and regulators/MPs etc in the past few years, Letter from HSBC change to our Terms & Conditions:- D.D/S.Os etc pay out on a certain day if no funds to pay then they will do a further check in the afternoon to see if sufficient (cleared) funds are available at that stage of the day i.e. by 3.30 p.m.

 

Anybody followed me on this subject the last few years would know I was trying to get Banks to stop debit at 00.01A.M. on a day to pay Direct debits before credits to accounts etc and ignoring credits to account on that day even at the openig time of the Bank, all the reply received eventually was tell the counter assistant that deposits were for that days transactions (Debits) no firm answer. (Told not a guarantee).

 

so a step in the right direction here.

 

Also where Debit Card recurring payment being changed so that you can cancel these with Bank OR retailer.


:mad2::-x:jaw::sad:

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Well after chasing Banks etc and regulators/MPs etc in the past few years, Letter from HSBC change to our Terms & Conditions:- D.D/S.Os etc pay out on a certain day if no funds to pay then they will do a further check in the afternoon to see if sufficient (cleared) funds are available at that stage of the day i.e. by 3.30 p.m.

 

Anybody followed me on this subject the last few years would know I was trying to get Banks to stop debit at 00.01A.M. on a day to pay Direct debits before credits to accounts etc and ignoring credits to account on that day even at the openig time of the Bank, all the reply received eventually was tell the counter assistant that deposits were for that days transactions (Debits) no firm answer. (Told not a guarantee).

 

so a step in the right direction here.

 

Also where Debit Card recurring payment being changed so that you can cancel these with Bank OR retailer.

 

You're already allowed by law to cancel recurring payments with the bank, they just have to wake up and realise it!

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