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LloydsTSB refused to honour CPA cancellation request. Overdraft fees, passed to Mackenzie Hall


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Dear All,

 

I hope you can help. I

 

had a payday loan with Debitcard Loans.

 

When it became evident that I could no longer afford to pay them back,

I ensured my wages went into another bank account and then let Debitcard loans know I could not afford to pay them back

and requested their banking details to draw up a repayment plan.

 

All requests were totally ignored. they attempted for about 4 months to take the money from my empty bank account, this forced the empty bank account to go overdrawn.

 

After the first time, I went into my local branch and requested that this stop (I did not know about CPA then).

 

Branch Manager (!) told me there was no way that this could be stopped, as they had my card details.

I "lost" my card the next day, and got a new one.

 

Debitcard loans somehow still managed to force payments (attempted payments) through,

and this created more unauthorised overdraft fees, interest charges and penalty charges.

 

This was sometime in 2011 if I remember correctly. Lloyds kept on phoning me asking me for payment,

I would say that I dispute the amount now owed (over £400) and requested statements. I never got any.

 

I attempted to get statements using my online account, they had deleted my online account from my online login.

 

Fast forward to Monday the 5th of August 2013,

Mackenzie Hall phone me up wanting payment for this.

 

Told them not to phone me, but to email/send me a letter as I dispute I owe anything to Lloyds. Put the phone down.

 

Get a letter in the post today, in a familiar brown envelope that Mackenzie Hall favours,

with the Bellshill return address and "This is not a circular" on the envelope.

 

Surprised to find that it is on LloydsTSB headed paper,

telling me debt has been handed over to muckheap for collection

and gave me all of Muckheap's contact details and that I should now contact Muckheap.

 

Was signed by Claire Thomson. Which made me suspicious.

 

Looked Claire Thomson up, and yup, she works for Mackenzie Hall.

 

So... should I notify lloyds Muckheap is forging letters with their headed notepaper?

 

Obviously I think this should be forwarded to the OFT as well.

 

As well as this, I need guidance now on what to do with this "debt". I think I should SAR LloydsTSB right?

Would the template do, customised to my details?

 

I anyone wants to see, I can scan the letter from Muckheap pretending to be Lloyds.

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follow this

 

the last bit, they MUST return it

 

and the fees.

 

We have been telling people to put a letter into their bank instructing them not to make any payments under any circumstances to these companie

http://whatconsumer.co.uk/visa-debit-chargeback/- it works!

 

banks MUST follow written intructions from their customers !

This fsa [now the FCA] 11:24 31/05/2013 guide has now been updated:

 

http://www.fsa.gov.uk/pubs/consumer_...ghts_guide.pdf

 

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.

.

see: http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(2-Viewing)-nbsp

.

http://www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

and

Attach the following to your claim and in the interim period write to your bank and attach the following (Keep a copy)

Regulation 55 of The Payment Services Regulations 2009:

55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to—

(a)the execution of the payment transaction; or .

(b)the execution of a series of payment transactions of which that payment transaction forms part. .

(2) Such consent—

(a)may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and .

(b)must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider. .

(3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67.

(4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part.

This means that you can simply ask your bank to refuse the payments, it is also good practice to let the lender know too.

So, if you would like your creditor to stop trying to take a payment all you need to do, in theory, is to inform them that you remove their authority. It's probably better to do this in writing and via recorded delivery - if possible.

You can learn more about your rights via the following fsa guide :

Ending recurring payments from credit cards

57 Recurring payments, is the term used to describe transactions for which a client has granted written permission for her/his credit or debit card to be debited for recurring goods or services, for example, club membership subscriptions, insurance cover or payday loansicon. The card may be debited annually, monthly or at other regular intervals.

.

58 In most cases, recurring payments can be cancelled by telling the trader taking the payments. However, a client has the right to withdraw consent by simply telling whoever issued the card (the bank, building society or credit card company) that s/he does not want a payment to be made. S/he can tell the card issuer by phone, email or letter.

.

59 The card issuer has no right to insist that the client ask the trader to stop taking the payment first. The card issuer has to stop the payments if the client has asked them to. The client could point out to the card issuer that they should follow the FSA guidance available in the FSA know your rightsicon booklet which is available on the FSA website at www.fsa.gov.uk.

.

59a If money is still taken from the client's account, it will be deemed to be an unauthorised transaction, and the card issuer must give her/him an immediate refund. The card issuer will have to cancel any interest and charges added to the her/his account because the payment was taken. It is not up to the client to prove that s/he told the card issuer to stop taking payments. Instead, the card issuer would have to prove that s/he did not tell them to stop making payments.

.

60 The client should make a complaint to the Financial Ombudsman Service when all the internal complaints systems within the company issuing the card have been exhausted.

I hope this information is of assistance

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.”

http://www.ftadviser.com/2013/06/28/...J/article.html

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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what mH have done is std practice, nothing wrong.

 

yes SAR Lloyds

 

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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Bank accounts do not need a default notice, it's not a credit agreement.

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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If the bank is going to terminate the agreement and demand repayment, there should be a formal request to do so. LTSB claim to have sent my son a termination notice (although they seem unable to provide a copy of it)

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