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    • Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.
    • Paragraph 2. I think there should be further down and also you should make the point that the payment to was made unilaterally and without the imposition of any conditions. Paragraph 3 – this is unnecessary because you are not claiming as an entitled third-party. This worries me because it makes me feel that you haven't fully read around because this is a paragraph which you would include where you were suing EVRi as a beneficial third party because you had actually made your contract with Packlink or some other broker. I think you need to revisit and do some more reading. I'm afraid I have a sense that you have simply copied this from somebody else's witness statement without understanding that it wasn't necessary. Please can you post the amended draft. Other than the suggestions above, it looks okay – but let's see it again for a further appraisal. In terms of the evidence, parties bundle, I think it might be an idea to start off with the correspondence with EVRi and then go onto the other evidence. You will have to amend the index page accordingly. You could shorten this bit. Take 19 is pretty well blank and you may as well miss it out also, there seems to be some repetition of emails and the email chain. I think will be worth going through and getting rid of duplicates if you can. 49 pages is a bit long and it would be a good idea to try and reduce the number. I have a feeling that 50 pages as the County Court limit anyway. The judge will be happier with you if the bundle is smaller. Maybe you could reduce the size of some of the images or messages et cetera. You have got several messages which straddle onto a second page so that things like sign off information and standard confidentiality information become orphans. A bit of manipulation and they could be joined to their parents I think. Page 31 as an example. So is page 19. You may only be up to shorten the whole thing by 56 pages – but I think it would be a good idea. 56 pages is, after all, 10%. If you can do more then so much the better
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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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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cancelling CPA authority


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Does anyone know if you can cancel specific cpa's with certain companies at your bank or do they only allow you the option to cancel them all at once? Im with HSBC. I actually want to honour some of my CPA's but when you have £939 coming out of your bank from a monthly wage of £1400 you know you have problems!! I need to cancel payments to swift sterling and payday uk but wish to honour my commitments with money shop, wageday advance, pounds2pocket, wonga and lending stream

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If i paid them all on my payday i would just have to take out more loans to survive throughtout April. By not paying on 2 of these i could at least arrange a repayment plan with those 2 companies over say 4 months and therrfore get mysrlf out of my circle of debt!!

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You can cancel one or all. There is no limit/restrictions or anything else.

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

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Thats reassuring, i will go see my bank tomorrow. Dont really like the idea of being harrased by them when they dont get their payment but will just have to cross my fingers they play nice.

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Just be aware that some banks will try and refuse a CPA cancellation, or say they they will place a note on the account. They are wrong and you dont want that. You can cancel a CPA at anytime. The only requirement is to give the bank a few hours before close of business the day before the payment is due to be made.

 

If the front desk reps refuse to actionyour request, then get the bank manager to do it and do not move from the bank until it is done. Read the CPA stickies for more information.

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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emails sent.. let the drama begin!!

 

 

It is with regret that I have to inform you that I formally cancel my continuous payment authority which i granted to your company in order to repay the monies borrowed in early March. I currently find myself in a difficult financial position which regrettable does not afford me to make a full payment to you on 31 March 2014. I would of course wish to pay the total amounts payable to you, however I will have to do so over a period of 4 months . I would be happy to complete a income and expenditure form for your records. I look forward to hearing from you shortly.

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I would have cancelled th CPA first, then told them. but whats done is done .

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

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Well i currently have around £3 in my account which doesnt have an overdraft facility so if they did try and dip in before payday (monday) then they would be out of luck. Plus trying that would surely be in breach of the loan agreement!!??

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Some banks will put you in an unauthorised overdraft, purely to make themselves money. It's easily sorted, it's just frustrating and long, as we all know banks do not like the normal customer.

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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Found this (you posted on here some time ago) so i'll be taking this down to the bank tomorrow!

 

*Dear Bank manager,

 

I request that upon receipt of this instruction that you block all current and future payments from my account xxxxxxxx sortcode xxxxxx to the company: QUICK QUID and its associated merchants, and the company: CashEuroNetUK, LLC and its associated merchants.

 

I also instruct that any and all Continuous Payment Authorities on my account in relation to the aforementioned companies/merchants, be cancelled immediately.

 

In accordance with Regulation 55 of The Payment Services Regulations 2009 : 55; 1 (a,b) 2 (a,b) 3 4, you are obliged to comply with this instruction with immediate effect.

 

Sincerely

 

xxxxx Print your name,*dont sign it.*

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Good luck to you as well. i think quik.quid are linked in some way to pounds2pocket. They were really helpful with me, letting me pay reduced monthly payments whilst also freezing my account so no interest was added at all. Hopefully quik quid will play nice with you

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Hiya Thanks for reply it's a nightmare they were awful quick quid on the phone refused to do anything until payment not gone through. Dreading Monday when I ring them just hoping they will do an arrangement for me. It has got out of control. But today is a big step in trying to get out of old nightmare. Do let me know how you go on. I think many people must be in same boat but you feel like it's only you don't you.

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Ouch thats a heafty sum! It is a nightmare coz all you do is pay off then are forced to borrow again and again. Hopefully you can sort out a repayment plan with them. I actually have never been with quik quid, just there sister company pounds2pocket. they reduced my payments from £146 to £100 a month but most importantly froze all interest so only have to pay the interest that had accrued from the start of the loan to the start of the repayment plan

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Guys, 1 thing I have learnt from reading the posts on this forum is to NEVER call them EVER EVER EVER, keep everything in writing either via email or by their live chat which has an option to save the chat to your email address, verbal contracts mean jack to these people.

I went down the cancelling the CPA road with Wonga and quick quid, Wonga sent me their bank details to set-up a standing order repayment plan pretty quickly and to fill out an I/E form from their site but I just filled 1 in off the national debtline website, quick quid I never heard a response via email so I live chatted them and they told me they don't accept standing orders or give out their bank details to set up a standing order, I told them well 'that's the only way your going to get money from me'.

Just stick to your guns guys work out all your priority debts first and see how much you have left over for these non-priority debts, (even if its a very small amount) it's tough titty!

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Hiya Thanks for info. I have emailed them but don't expect to hear back yet or at all. Feel sick to stomach with it all. Own fault I know that I just hope they let me do plan. I am going to try live chat. They were terrible on the phone. Dreading if they ring work I will die if shame. Thanks

 

Update

Tried live chat all they did was move.my payment date to end April so now need to find 2 lots in 4 weeks. Ended up agreeing stupid .really just stalling things. However they did say can make part payment and no charges will be added. I got the live chat emailed to me.

Edited by fedup12
update
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GENERAL NOTES ON CHARGEBACK & CPA

.....

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 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,

y.ou 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

.

http://www.theguardian.com/money/2012/feb/24/continuous-payments-authority-know-your-rights?newsfeed=true

..

.

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/regulation/regulators/fca-banks-have-to-cancel-recurring-payments-if-requested-UxbeHUuYQIy0SEYbGRE4tJ/article.html

.

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 interesticon or ask for

repayment of the amount unless it can

prove you are liable to pay

[/b]

These are your statutory rights under FSA regulations. They are not guidance.

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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Update;

 

2 x creditors were either unsucessful in trying to use my (withdrawn) cpa OR they actually followed my instruction (that i withdrew the authority).

 

I actually think the latter as i had contact from both acknowledging that i had withdrawn the authority.

 

I have since had contact with ****** via email requesting income and expenditure.

 

I actually provided comprehensive and honest info listing all my creditors.

 

I had a responce [looked auto generated] requesting me to make an offer to them.

I have drafted the following email and would ask for some advise as to whether this covers all i need to say?

 

Thank you for your email.

After careful consideration and evaluation of my current financial situation

I regret that over the next 3 months (30 April, 31 May, 30 June) I will only be in a position to make nominal repayments of £20 per month.

 

With effect from 31 July my financial position will have improved as I will have completed repayments plans with ******** and *** *****.

 

This will "free up" an additional £150 per month.

 

I would therefore suggest that you place my account on a 6 monthly repayment plan,

freeze all interest and provide to me your bank account details in order to allow me to set up a standing order with my bank.

 

I look forward to hearing from you

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I wouldnt have given them anything close to a fully itemised I&E. They dont need it or have a right to see it. But whats done is done.

 

I would also remove the PDL names, as The PDL's you state as well as the ones youa re dealing with are known for sharing info, along with a few DCA's.

 

Give them something like this:

 

Dear xxxxx

 

I am in receipt of your email. Due to restricted finances for the next 3 months, i am only in a position to repay a nominal repayment of xx per month. However, i expect my finances to improve from 31st July 2014, and as such i will be in a position to re-evaluate my repayment to you with a view to substantially increasing the amount i can pay per month.

 

Due to this, i politely request that a 6 monthly repayment plan be agreed with a re-evaluation at the aforementioned date. I also request that you freeze all interest and charges as continued levying of them on the account would do nothing to help me. I also request that you supply me with your current bank details in order for me to set up a standing Order payment to you to ensure the payments reach you without fail.

 

Upon receipt of confirmation and the supply of information as stated above, i will immediately make the first payment.

 

Yours

 

xxxxxx

 

 

Dont pussyfoot around with this guys, and dont let them dictate things to you as they already have.

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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Just remember, if they refuse to stop the interest and charges, then you drop them to £1 a month until they agree. This is because even if you pay them, your debt will still be rising and they will be making a profit off your circumstances. it is also a breach of OFT guidance.

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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