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    • then there is your proof to them why would you pay for BB twice!!   for my notes: GENERAL NOTES ON CHARGEBACK & Continuous Payment Authority & BACS   .....  We have been telling people to put a letter into their bank instructing them  not to make any payments under any circumstances to these companies  . http://whatconsumer.co.uk/visa-debit-chargeback/- it works! usually this should be done using the number on your debit card  .  banks MUST follow written intructions from their customers ! . CANCELLING YOUR DEBIT CARD DOES NOT STOP CPA'S  .  This fsa guide has now been updated:  . http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel https://www.fca.org.uk/consumers/unauthorised-payments-account  .  Here's the text:  .  Cancelling a regular  card payment:  .  When you give your credit or debit card details to a company and authorise them to take regular payments from your account,   such as for a gym membership or magazine subscription,  it is known as a ‘recurring transaction’ or ‘continuous payment authority’.  . These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.  .  In most cases, regular payments can be cancelled by telling the company taking the payments.   .  However,   you have the right to cancel them directly with your bank or card issuer by telling it that you have stopped permission for the payments.   Your bank or card issuer must then stop them – it has no right to insist that you agree this first with the company taking the payments.  .  Be aware, though, that you will still be responsible for paying any money that you owe. and that CANCELLING YOUR CARD WILL NOT STOP THE CPA  .  ..  .  New june 2013  .  Regulator orders Banks and mutuals to review complaints about not cancelling recurring payments from November 2009.  .  Consumers who have set up a regular payment from their account will now be able to successfully cancel that arrangement   by contacting their card provider, the Financial Conduct Authority said.  .  The FCA has been examining how easy it is for customers to cancel Continuous Payment Authorities (CPAs)   due either to payday lendersicon or for other regular payments such as subscriptions or gymicon memberships.  .  CPAs, which are also commonly called recurring transactions or recurring payments,   are relatively easy to set up but can be hard to cancel, causing problems for consumers trying to manage their finances,the FCA said.  .  Now, following the FCA review of how the largest high street banks and mutuals process requests to cancel CPAs, they have agreed that they will ensure that when   a customer asks for a recurring payment to end, that will be sufficient to cancel the arrangement. They have also confirmed that should a payment go through by   mistake following cancellation by a customer the customer will be refunded immediately.  .  In addition to securing this commitment, the largest banks and mutuals have agreed to review every individual complaint they have received about the non-  cancellation of a CPA and to pay redress where payments have continued to be made despite the customer cancelling the arrangement. This applies to all complaints   since November 2009 when the Financial Services Authority, the FCA’s predecessor, began regulating banking conduct.  .  Clive Adamson, the FCA’s director of supervision, said: “It’s important that consumers are confident that banks are meeting their everyday banking needs. Today   customers can be confident that when they ask for a Continuous Payment Authority to be cancelled – it will be cancelled - and that it can be done easily.   . “We recognise that historically this is an area where some customers have struggled but the banks and mutuals have responded positively to our work on this issue.   From now on we expect them to be getting this right. In addition, they have committed to review past complaints.” .  .  Also mentioned your displeasure that as whomever took your money had obviously attempted this many times   probably activating your banks own anti fraud software - nobody had the decency to inform my you this was going on.? .  .In the FSA's own words:  .  ..  What should I do about a payment from my account that I didn’t authorise?  .  Your bank must refund an unauthorised transaction.   Money can only be taken from your account if you have authorised the transaction   or if your bank can prove you were at fault –  . see below.  Contact your bank immediately if you notice an unauthorised payment from your account. .  If you are sure you did not authorise the payment, you can claim a refund.  .  However, your bank does not have to refund you if you do not tell it about the payment until 13 months  or more after the date it left your account.  .  Your bank must refund an unauthorised transaction  .  ------------------  .  Your bank may only refuse a refund for an unauthorised transaction if:  .  ? it can prove you authorised the transaction  – though your bank cannot simply say that use of your password,   card and PIN proves you authorised a payment; or .  ? it can prove you are at fault because you acted fraudulently,   or because you deliberately,   or with gross negligence, failed to protect the details of your card, PIN or password in a way that allowed the transaction  .  -----------------------  .  How quickly must my bank refund me for an unauthorised transaction?  .  The bank must make the refund immediately unless it has evidence that one of the above reasons applies.   Your bank may ask you to answer some questions and fill out a form confirming what has happened,   but it cannot delay your refund while it waits for you to return the form.  If the bank has evidence that one of the above reasons for refusing a refund applies,   it may investigate before making a refund   but must look into it as quickly as possible.   If your bank rejects your claim for a refund it should explain why.  If the transaction was on a credit card, the refund may not happen immediately.   But the card issuer cannot charge interest or ask for repayment of the amount unless it can prove you are liable to pay        
    • Only asking because I want to get my facts right before I approach the bank! Yes, BT is coming out of the same account.
    • not if they want to make the OP the named claimant no!! let them take the other party to court themselves!! the op can be a witness then..   one bitten...read this thread..      
    • eh? no valid contract!   is the BT coming out the same bank AC?  
    • Hi Sorry but i am still stuck on where to go next in all of this.   This week the dealer contacted me at the 11th hour to talk repair of my car. He seemed only interested in the repair in speaking of just one of the problems  and i was struggling to get him to commit to the other fixes required. I asked him about the service history log and the proof that he had changed the cam belt.   He has told me that he will chase the service log book through his accountant. (I'm confused why through his accountant) and that his mechanic would provide the paperwork for the cambelt work, although he is away until September. (I dont believe any of this. He has had months to do this)   Back in June he said in a text to me that he would get my car fixed once his supplier opened for business from the 4th July and arrange a date with me. From that date onwards i was unable to contact him. He didn't answer his phones or reply to my texts or answer machine messages. He has told me now that his business was closed during that time.    I asked him about the 3 recorded messages i had sent him that were signed for. He said that he has not seen any letters. Somehow though he has sold 10 cars throughout May, June and July. I have been watching his stock level on Autotrader and he has been advertising his new stock and his sales on facebook throughout this period. Also he has chosen to contact me this week on the night before i was stating i would take action.   Frustratingly i expressed my desire to return the car to him for a refund and he has told me that because i didn't reject the car in the first 30 days then that wont happen. How could i reject the car if his business was apparently closed, we was not responding to me other than initially putting off any attempt at repair work.   I am feeling completely cheated by this man. He has even accused me of purchasing a car from him that i knew was faulty!!    I have shared my story recently on a Land Rover forum and interestingly a member of the forum has come forward and told me that he had also test drove the car before i did. He said the car displayed the errors i am experiencing and that the dealer had acted suspiciously. This forum member has offered to write me a statement if its of any use?   September the car is due an MOT and it is likely to fail because of the work he has not done. If i take this matter to court and it takes 6 months then what do i do if the car fails the MOT or the faults cause the car to brake down? I need this car for travelling to work and back.   Is it a viable option for me to get the car fixed myself and then claim that cost at court? I need a working car and i do not trust this dealer. He is clearly telling lies and i dont trust him completing the work to a satisfactory level if at all. Im assuming he is wanting to wait for HIS MECHANIC to get back from his holiday too. Strange time to be away for several weeks.   If i was to get my garage to do the repairs i could also ask them to confirm if the cambelt was ever changed. I'm convinced it wasn't.   Please advise. I am incredibly stressed out.
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
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not-impressed

Removal of a default notice applied by HSBC

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Correct...but normally you are sent initial warning that it will be recalled and are offered the opportunity to make proposals for repayment...this is usually 14 days..if you make no response a Notice served under Sections 76(1) and 98(1) of the CCA1974....once this is issued you then have a further 14 days to make payment


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Thank you.

 

So they were not at all accurate in stating they'd fulfilled their obligations under the CCA 1974? They should have sent notices under Sections 76 (1) and 98 (1) and given me more of an opportunity to come to an agreement with them?

 

I'm aware the "Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies", states that

 

"The lender must have notified you of their intention to register a default against you at least 28 days before doing so, in order to give you time to make an acceptable payment or reach an agreement with them on an arrangement. "

 

It also states

 

"If an arrangement is agreed (see Principle 3 above), a default would not normally be registered unless the terms of that arrangement are broken. "

 

So as the bank had agreed to my repayments it should not have subsequently registered a default?

 

I'll check the paperwork but I don't recall any mention of Sections 76 (1) and 98 (1)

 

I've noticed that there appears to be later versions of the CCA (2006?) Why is it that they don't appear to have replaced the 1974 version?

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CCA2006 was only amendments to CCA1974.

NW OD Recall.jpg


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Many thanks for your response. Really helpful.

 

I'm not clear on the relationship between the CCA and the guidelines on filing defaults ("Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies"). Do both apply in the case of registering a default against overdraft arrears?

 

Should this situation also be covered by the FCAs Consumer Credit Sourcebook which includes the following in CONC 7 : Arrears, default and recovery(including repossessions)

 

Section 7.3 : Treatment of customers in default or arrears (including repossessions): lenders, owners and debt collectors

 

 

7.3.6 - Where a customer is in default or in arrears difficulties, a firm should allow the customer reasonable time and opportunity to repay the debt

 

7.3.8 - An example of where a firm is likely to contravene Principle 6 and ■ CONC 7.3.4 R is where the firm does not allow for alternative, affordable payment amounts to repay the debt 7.3.8FCA due in full, where the customer is in default or arrears difficulties and the customer makes a reasonable proposal for repaying the debt or a debt counsellor or another person acting on the customer's behalf makes such a proposal.

 

7.3.9 - A firm must not operate a policy of refusing to negotiate with a customer who is developing a repayment plan

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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I'm exploring other avenues to resolve this now including BCOBS for which there seems to be very little guidance available. Is this an effective route?

 

I'm also aware of the following but not sure how they all fit together in the context of my situation.

 

The guidelines on filing defaults ("Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies"). Do both apply in the case of registering a default against overdraft arrears?

 

 

Should this situation also be covered by the FCAs consumer credit Sourcebook which includes the following in CONC 7 : Arrears, default and recovery(including repossessions)

 

 

Section 7.3 : Treatment of customers in default or arrears (including repossessions): lenders, owners and debt collectors

 

 

7.3.6 - Where a customer is in default or in arrears difficulties, a firm should allow the customer reasonable time and opportunity to repay the debt

 

 

7.3.8 - An example of where a firm is likely to contravene Principle 6 and ■ CONC 7.3.4 R is where the firm does not allow for alternative, affordable payment amounts to repay the debt 7.3.8 FCA due in full, where the customer is in default or arrears difficulties and the customer makes a reasonable proposal for repaying the debt or a debt counsellor or another person acting on the customer's behalf makes such a proposal.

 

 

7.3.9 - A firm must not operate a policy of refusing to negotiate with a customer who is developing a repayment plan

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Threads merged and moved back to HSBC Forum.

 

Well all the above are applicable...but lets run this back you did actually default or failed to service the overdraft for whatever reason and therefore the creditor must register any default as per the ICO guidlines and Credit Agency reporting.If you had settled the amount in full in time before the expiry of the notice then you have case.

 

If they did not serve the effective Default/Demand properly...you have a case.

 

Making a lump sum and further payments.....was not clearing the default by the statuary time stated...no case.

 

Asking them to not register a default and you will make various payments.......no case.

 

Registering the default later than the actual default /demand time imposed...possibly a case...but you wont remove the default it would simply be adjusted by date.


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I believe the following details in the Final Demand are incorrect

 

The Default Notice referred to was never sent (It has never been provided in any SAR response) - This was deeply confusing.

 

I understand that a Notice served under Sections 76(1) and 98(1) of the CCA1974 must be issued, but is this one? Other examples I've seen clearly state what they are and include reference to Sections 76(1) and 98(1) of the CCA1974 in the header.

 

The Final Demand letter provided 18 days of notice for full repayment or an arrangement. The 'Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies' guidelines which I believe apply, and they are obliged to follow, state 28 days notice is required.

 

The 'Help is available' section of the letter states they would try to work with me to come to an arrangement. They refused to. Subsequent correspondence on this point from HSBC stated only a full repayment would have been satisfactory. This completely contradicts what the Final Notice letter said and is the cause of the issuing of the default.

 

Further thoughts on this greatly appreciated.

hsbc-final-demand-letter-1.jpg

hsbc-final-demand-letter-2.jpg

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