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    • There is no sample letter for this kind of thing. All the very circumstances are generally speaking so dissimilar – that you need to make your own letter. I have no doubt that Hermes has a complaints process and that is what you need to engage with. I'm not saying that their complaints process is any good. In fact as far as I hear, it is rubbish – but you need to begin it and to make sure that you keep copies of screenshots already emails or letters so that you can show that you have raised a complaint with them and after waiting a reasonable time, say, 10 days to 14 days, you gave up or else they declined your complaint and then you decided to start taking formal action.  
    • Hi    I’ve spoke to my GP and they said they’ve been told by the government not to hand out any letters for people and I need to go onto the government website and I can get a letter of there.    I’ve searched all over the website and can’t find anything but the template for the exemption card I already have.    It makes clear on the website that you don’t need to proof any medical exemption but the police and shop keepers clearly think otherwise.    I don’t no if I’ll have an argument now since my doctor won’t even see me so I can proof my anxiety. I don’t fancy paying solicitors fees if it has to go to court. I’d struggle paying the £200 fine at the moment let alone anything else.    I’m going to ring CAB today and see if they can help in anyway. I think it’s likely I’ll end up paying but I really don’t think it’s fair as I followed the rules the government set.    If I do have to pay it is there anyway I can pay it in instalments or convince them to still give me the £100 discount? I’m not a solicitor so I’ve needed more time then two weeks to figure out were I stand.    Thanks  Andrew 
    • If i was to contact AX today and tell them a family member can loan me the money for a new car so the hire car can be collected . i could see what they say to this. Is this a good idea?
    • I am sorry i find this forum bit hard to navigate can you please provide me the link where i can see any sample complain letter, so the letter text i sent in my previous post is not a complaint letter?   Secondly i don't mind at all if you are correcting me, English is not my first language and it is much appreciated that you correcting me, i have found the correct word "tampered". Thanks  
    • Young Professional Preparing For Your Future: the free new virtual learning programme for young people aged 14 - 16 from Youth Employment UK View the full article
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

Continuous Payment Authority - what are they - how to cancel


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A Continuous Payment Authority (CPA) is a method of payment that is used by companies to whom you might need to make a regular payment.

 

* Recurring payments are often used for magazine subscriptions, gym memberships or payday loans.

 

These are often confused with direct debits, but do not offer the same guarantee if the amount or date of the payment changes.

 

Until 2013, it was very difficult to cancel these payments - that all changed when the regulator, the Financial Conduct Authority became involved.

 

 

 

Continuous Payment Authorities - it is your right to cancel

 

We have found that card issuers, such as banks and building societies, were not always cancelling continuous payments authorities when their customers asked them to. Following this, they have now tightened up their procedures to make sure when you cancel; the money stays in your account.

 

If you give a company the long number across your debit or credit card and authorise it to regularly take money out of your account, you probably have a continuous payment authority.

 

If you have ever had one of these payments set up and then struggled to cancel it, you should be aware that you have the right to cancel through your card issuer and to complain if it does not do so. See how to cancel other types of payments.

 

 

 

 

 

 

Information in the following posts should help you cancel these payments without too much hassle.

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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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Payday loans

 

When taking out a payday loan, it is common for the lender to set up a continuous payment authority on a debit card. However, we sometimes hear of payday lenders varying the dates and amounts they claim from customers’ accounts and making repeated attempts to take payments.

 

Our findings revealed that some card issuers were calling continuous payment authorities set up with payday lenders ‘guaranteed payments’ and incorrectly refusing to cancel them when requested by their customers. Those card issuers have now agreed to end this practice.

 

You should be aware, no matter if the firm you are dealing with calls a continuous payment authority a ‘guaranteed payment’, ‘recurring payment’ or ‘recurring transaction’, it is still your right to cancel it directly through your card issuer.

 

http://www.fca.org.uk/news/continuous-payment-authorities-your-right-to-cancel

 

 

This FSA guide has now been updated to include advice regarding CPAs:

 

http://www.fsa.gov.uk/static/pubs/co...ghts_guide.pdf

 

 

Cancelling a regular card payment:

 

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

 

If your bank still refuses to cancel the CPA, then you should escalate your complaint to the Financial Ombudsman

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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From 28 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 lenders or for other regular payments such as subscriptions or gym 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

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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28 June 2013

 

 

It's not a direct debit, it's not a standing order, it must be a... continuous payment authority? Banks ordered to cancel monthly debits on request and thousands could get compensation

 

 

  • Recurring payments are often used for magazine subscriptions, gym memberships or payday loans
  • New rules should make it easier for customers to cancel the payments

 

Banks obliged to cancel recurring payments

Continuous payment authorities are used on products such as breakdown recovery membership and payday loan repayments, and are notoriously difficult to cancel

 

The FCA also said that about 30,000 consumers who lost out because a bank failed as requested to cancel a CPA are in line for compensation.

 

This applies to all complaints made since November 2009 when the old FSA began regulating banking conduct. Consumers who lost out but didn't complain should now do so.

 

http://www.guardian.co.uk/money/2013/jun/28/banks-cancel-recurring-payments

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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The payday loan firms will say this is not possible, but it is - in accordance with 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:

 

http://www.fsa.gov.uk/static/pubs/consumer_info/know_your_rights_guide.pdf

 

And

 

http://www.fsa.gov.uk/pubs/consumer_info/know_your_rights_payments.pdf

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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Please note that this topic has not had any new posts for the last 1993 days.

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If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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