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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.
       
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      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
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      • 16 replies
cobalagi

123-reg changed terms of service

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123-reg are domain registrars.

They have introduced a new charge to transfer .uk domains away.

This contradicts previous terms and very visible statements on their web site.

They have given no notice of the change in terms.

I want to transfer to a new registrar, and have asked them to waive the charge as it was not part of my agreement when I paid for domains there.

But they are refusing to waive it pointing to a clause (that probably was in effect) that basically says they can do what they want when they want:

 

123-reg reserves the right to change, add, subtract or in way alter these Conditions without the prior consent of the Client
Rather than me trying to explain it all in further detail maybe simplest if I point you to this web page where they explain it very well.

 

http://www.mayne.net/123reg-domain-name-hostage/

 

some people on there have had success, but 123-reg are still refusing to allow me to transfer away free.

 

What are my legal options and levers here please?

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Except you signed under a different contract and were not given notice in advance so you could migrate away.


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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Except you signed under a different contract and were not given notice in advance so you could migrate away.

 

well yes we agree on that. (I think)

 

However, as I said, as I have put those points to them and they are still refusing to allow the original terms (ie: free transfer away) to stand, claiming they have right to change terms "without the prior consent of the Client"

 

So I ask again:

What are my legal options and levers here please - to get them to honour the original agreement?

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They can indeed change the terms without prior consent, but they should let you have the chance of moving away from that registrar if you decide you don't agree with the terms.


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 thank you again for your input

but they should let you have the chance of moving away from that registrar
and again I agree with you, but they dont agree. In fact they completely disagree.

I have explained the obvious points several times via email.

Still they are refusing.

 

So it seems I must ask again:

What are my legal options and levers here please?

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Ask them to elaborate on the reasons, but ensure you make it a FULL complaint. That way they are forced to deal with it within 8 weeks, or the regulators will decide for them.


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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thank you again for reply

I have some questions:

what constitutes a 'FULL' complaint?

why do they have 8 weeks? what governs that time period?

which is the regulator that will decide? and how do I invoke that regulator?

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A Full complaint is a letter sent via their complaints resolution procedure. You outline concisely the problem, questions you have and what you would like to see as a resolution to your complaint.

 

They then have 8 weeks ( 56 days ) to resolve your complaint in full in the form of a Final Response. If you do not amicably resolve the complaint in that time, then whichever comes first out of the 56 days or final response, you escalate the Complaint to the regulators, who will have an adjudicator investigate and cake a response. If you do not agree with the adjudicator, you can escalate further to the ombudsman.

 

In response to your other questions, lets not get too far ahead right now. You need to get a formal complaint in writing to the CEO, and send it by recorded delivery. As soon as you post that letter, the 8 week timer starts ticking. Sadly, it isnt a fast answer to your problem, but it will show 123-reg that you arent going to be taken for a fool and you know your rights.


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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as far as I know the regulator with a UK domain is Nominet - But I'm not sure, do you agree?

If so, as far as I know Nominet have no opinion on whether or not the registar wants to charge a fee to transfer away.

Thats down to the the agreement between registrar and client.

They are saying they are within their rights. I dont agree.

The issue here is whether they have a legal right to change that agreement as they have done. And it seems to me that in order to compose a FULL complaint I have to understand that position - which I dont.

And with the greatest respect your responses are doing little to help.

Can you please be specific about the legal position re the contract.

 

and what/why is the 8 week period you mention please? What governs that?

 

and who is the ombudsman here?

 

thank you

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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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yes, thank you for those. altho I did know where they were I thank you for pointing them out.

 

But as to my original question:

What are my legal options and levers here please?

it still remains unanswered

I will be grateful for any input specific to that.

 

for example this:

123-reg reserves the right to change, add, subtract or in way alter these Conditions without the prior consent of the Client

 

can such a clause be included in a contract in UK consumer law?

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Possible breach of contract on their part? The fact that they are basically holding your domain to ransom? That cause can be added, however, as i mentioned before, they should give you a chance to opt out of the agreement if you decide not to continue with it. Otherwise you could buy a 2 year registration, then a month later, they say they are putting prices up, or in your case, adding on various spurious charges for transferring domains.

 

You signed up to a contract that did not have any charges for transferring away. Now theyre trying to force them on you. Thats why im with godaddy and another american host for my sites. I cant be bothered dealing with all the third rate Hosts in the UK anymore.


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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While having absolutely no clue as to what domains and the like are, this smacks of an unfair contract and as such you could cite the UTCCR at them.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?421863-Guidance-The-Taking-Control-of-Goods-Regulations-2014-Statutory-Notices


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi silverox1961

thanks for reply

this smacks of an unfair contract and as such you could cite the UTCCR at them
a 'domain' in this context is a domain name such as consumeractiongroup.co.uk

'domains' are generally not 'owned' they are 'rented' from a national or global controlling body via a registrar.

whilst I do think what they've done creates an unfair contract I dont think that UTCCR thing is really applicable.

I have still control, its just they recently changed terms and conditions without notice meaning I have to pay to move to another registrar. Thus holding me ransom - which I think is probably kinda not illegal in this context ... maybe ... As long as thats what they said when we agreed terms. Which it wasnt.

 

I think my question hangs on whether they can change terms without notice, given this clause is in the existing t&c's

123-reg reserves the right to change, add, subtract or in way alter these Conditions without the prior consent of the Client

 

and can such a clause be included in a contract in UK consumer law?

 

[this forum has a very annoying habit of just dumping carefully crafted replies claiming user is not logged in]

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As already said. They CAN add that clause, but they must allow you to opt out if you decline the change.


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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Don't expect any succses with a complaint against 123-reg.

 

Con artists and cheats.

 

H


42 years at the pointy end of the motor trade. :eek:

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As already said

If you've already said it why repeat yourself?

 

and so if we're repeating please let me repeat my question (again):

What are my legal options and levers here please?

With the greatest of respect renegadeimp you have managed to make a load of posts in this thread without actually coming anywhere near answering the question. I notice you have almost 16000 posts on here. Are they all equally useless?

 

It might be better if you dont know - just say you dont know, or say nothing.

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Don't expect any succses with a complaint against 123-reg.

 

Con artists and cheats.

 

H

con artists and cheats - yes I couldnt agree more

But I'm sure enough they are in the wrong and I will get success.

Just trying to understand the technicalities

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If you've already said it why repeat yourself?

 

and so if we're repeating please let me repeat my question (again):

 

With the greatest of respect renegadeimp you have managed to make a load of posts in this thread without actually coming anywhere near answering the question. I notice you have almost 16000 posts on here. Are they all equally useless?

 

It might be better if you dont know - just say you dont know, or say nothing.

 

I think it might be better if you stop the personal attacks. Your argument lies within the unfair contracts. But you seem to completely gloss over that.

 

You have been given info on UTCCR but you say its not applicable. It IS applicable because it is clearly an unfair contract as they havent allowed you to opt out. If you aren't willing to listen to advice via a site team member who is very knowledgeable about unfair contracts, then theres little point continuing the thread.


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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con artists and cheats - yes I couldnt agree more

But I'm sure enough they are in the wrong and I will get success.

Just trying to understand the technicalities

 

To be sure isn't enough. If it's in the t's&c's you don't stand a chance. As I said. Con artists and cheats.

 

H


42 years at the pointy end of the motor trade. :eek:

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If you've already said it why repeat yourself?

 

and so if we're repeating please let me repeat my question (again):

 

With the greatest of respect renegadeimp you have managed to make a load of posts in this thread without actually coming anywhere near answering the question. I notice you have almost 16000 posts on here. Are they all equally useless?

 

It might be better if you dont know - just say you dont know, or say nothing.

 

With all due respect . That post was uncalled for to put it "mildly".

 

Renegadeimp's advice appears to be correct. If you want to alter a contract,you have to offer the option of not "Accepting" the new contract and opting out.

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With all due respect . That post was uncalled for to put it "mildly".

speaking personally I dont think it was.

I pointed out the specifics of my questions several times and asked renegadeimp again and again to address it specifically - which he/she didnt, at least not in manner that I as a lay person could grasp.

 

Renegadeimp's advice appears to be correct. If you want to alter a contract,you have to offer the option of not "Accepting" the new contract and opting out.

I agree with that.

However I posted here because the provider does not agree. Therefore I wanted to understand on what legal basis I can address their reluctance.

renegadeimp continued to respond with unspecific vagaries, which appeared to me to indicate that he wanted to try to find a solution without actually knowing what that solution was. I thanked him several times for his input, but as noble and generous as his input was I felt it became increasingly unhelpful - so I said so.

Edited by cobalagi

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I think it might be better if you stop the personal attacks. Your argument lies within the unfair contracts. But you seem to completely gloss over that.

 

You have been given info on UTCCR but you say its not applicable. It IS applicable because it is clearly an unfair contract as they havent allowed you to opt out. If you aren't willing to listen to advice via a site team member who is very knowledgeable about unfair contracts, then theres little point continuing the thread.

 

I read the page on the UTCCR which silverfox1961 kindly pointed me at.

It appears to me that it relates to 'goods' and the seizing of 'goods' rather than services, which in my humble opinion is what I think I am dealing with. Thats why I said I didnt think it was applicable.

If you understand why it's applicable in my case would you please be so kind as to explain that to me.

Or if you have other specific information which you think might be applicable I will be very grateful for your input.

Otherwise I thank you for your input so far but I agree with you that there is little point in you continuing in the thread.

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To be sure isn't enough. If it's in the t's&c's you don't stand a chance

thanks Hammy - but they've had a change of heart this morning and agreed to let me go foc

 

As I said. Con artists and cheats.

H

at least I agree with somebody here :wink:

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