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    • Hi DX   I didnt write as nationwide record calls and also said its not neccessary as they blocked (supposedly) on the phone.   How do I now cancel cpa then? Do I still need to write to Nationwide? Or is it ok now that nationwide have confirmed the block for paypal and the block from visa team to refuse requests from paypal?
    • Hello   Just found this on paypal website (uttterly shocked):   Read your user agreement:   3. Funding Sources   3.1 Linking your Funding Source. You can link or unlink a debit card, a credit card, a pre-paid card (in certain cases), a bank account and/or PayPal Credit as a Funding Source for your Account. Please keep your Funding Source information current (i.e. credit card number and expiration date). If this information changes, we may update it at our sole discretion without any action on your part, according to information provided by your bank or card issuer and third parties (including but not limited to our financial services partners and the card networks). If you do not want us to update your Funding Source information, you may contact your bank or card issuer to request this or remove the Funding Source in your Account Profile. If we update your Funding Source information, we may retain any preference setting attached to it.
    • its a lacking on our part  and yours as you didn't WRITE. instructing not to honour ANY payments to PP but that's NW for you.   you need to cancel the CPA.   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    
    • Do you ever sleep?  Just as well you had a holiday to have  a bit of a rest 😀   More seriously, well done on all your legwork, this Annie is damn lucky, all your preparation will stand you two in good stead for sending VCS back under their stone.
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seems to be a std thing for H2HP2 claims now

if you go read other hoist claims

you note such in your defence.

 

 

don't miss it!


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They are still in default...fee returned or not...its the creditors prerogative if they wish to accept payment or not...I wonder if they are getting slightly confused with a CPR request ? :-)


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defence due this Friday 15th april I intend to submit defence tomorrow night as still not heard back re ca request does it look ok ??

 

1.This claim is for the sum of £4000 (rounded down )in respect of monies owing under an agreement with the account number xx xx xx xx xx xx pursuant to the consumer creditlink3.gif act 1974 (CCa)

The debt was legally assigned by MKDP LLP ( ex barclaycard) to the claimant

and notice has been served .

2.The defendant has failed to make contractual payments under the terms of the agreement .

A default notice has been served upon the defendant pursuant to s.87(1) CCA

 

3.The claimant claims

1) The sum of £4000

2) interest pursuant to s69 of the county courtlink3.gif act 1984 at a rate of 8.00 percent from 27/5/10 to the date hereof 2116 is the sum of £1900

3)future interest accruing at the daily rate of £0.93

4) Costa

 

 

 

defence

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request.

 

3. Paragraph 3 & 4 are denied as The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

 

4. On the 23rd March 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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POC added to above

you need to align your reply to their paragraph numbers

not simply copy'n'paste from another thread


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Thanks for the prompt reply just to clarify do I include all the extra bits in red too and amend them to reflect the details of my claim exact amounts account numbers etc

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red bit is for your ref.

 

 

post up when ready

 

 

dx


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1.This claim is for the sum of £4000 (rounded down )in respect of monies owing under an agreement with the account number xx xx xx xx xx xx pursuant to the consumer creditlink3.gif act 1974 (CCa)

The debt was legally assigned by MKDP LLP ( ex barclaycard) to the claimant

and notice has been served .

2.The defendant has failed to make contractual payments under the terms of the agreement .

A default notice has been served upon the defendant pursuant to s.87(1) CCA

 

3.The claimant claims

1) The sum of £4000

2) interest pursuant to s69 of the county courtlink3.gif act 1984 at a rate of 8.00 percent from 27/5/10 to the date hereof 2116 is the sum of £1900

3)future interest accruing at the daily rate of £0.93

4) Costa

 

 

 

defence as follows is this now correct ?

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request.

 

3. Paragraph 2 is denied as The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

 

4. On the 23rd March 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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Hi dx I know your very busy but could you cast your eye over my holding defence as I want to double check all ok to submit as want to submit this evening many thanks

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you need to address the [non] assignment in their para 1 too


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Ok thanks are you able to assist with what to put as I don't have a clue ?

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add to your para 2

 

 

2. Paragraph 1 is denied that any notice of assignment – as required by section 136 of the Law of Property Act 1925 and by section 82a of the Consumer Credit Act 1974 – was received on or after xxxxxx


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That's a great help thanks , one last question before I submit it do I put the date of 27/05/10 where you have put the xx's ?

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If there is a date in the poc that they alleged it was sent to you, thats the date you use, if there isnt then you dont Need to include " on or after xxxxx"


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GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Ok that's great thank you so much for your help so far I'm off to submit the defence now I'm guessing it's just a waiting game to see what comes back from the claimant

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it might be prudent to await andyorch to confirm.

 

 

dx


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If there is a date in the poc that they alleged it was sent to you, thats the date you use, if there isnt then you dont Need to include " on or after xxxxx"

 

or

 

 

The Defendant has no knowledge of any legal assignment. I have never been served any Notice of Assignment from

either the original creditor or the claimant pursuant to the Law of Property Act 1925.


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Ok is it worth me PM him or will he pick the thread up anyway ?

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The Defendant has no knowledge of any legal assignment. I have never been served any Notice of Assignment from

either the original creditor or the claimant pursuant to the Law of Property Act 1925.

 

That reads alot better but let Andy confirm, he will see it


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GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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look to the bottom of this thread you'll see everyone that's subscribed


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Particulars of Claim

 

1.This claim is for the sum of £4000 (rounded down )in respect of monies owing under an agreement with the account number xx xx xx xx xx xx pursuant to the consumer credit act 1974 (CCa)

 

2.The debt was legally assigned by MKDP LLP ( ex barclaycard) to the claimant and notice has been served .

 

3.The defendant has failed to make contractual payments under the terms of the agreement . A default notice has been served upon the defendant pursuant to s.87(1) CCA

 

The claimant claims

 

1) The sum of £4000

2) interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 27/5/10 to the date hereof 2116 is the sum of £1900

3)future interest accruing at the daily rate of £0.93

4) Costa

 

 

Defence

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted insofar as I have in the past held a contractual relationship with Barclaycard.I do not recall the precise details or aware of any outstanding balance.I therefore have sought clarification from the claimant by way of a CPR 31.14.Unfortunately the claimant has failed to comply to my request.

 

3. Paragraph 2 is denied I have no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925 and sec82A of the CCA 1974.

 

4. Paragraph 3 is denied.A default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant pursuant to s.87(1) CCA.

 

5. On the 23rd March 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply.

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

6.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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Hi I have not heard anything from sols etc but got this yesterday :

 

Looking for advice on what to do next please

 

Notice of proposed allocation to the small claims court

If you do not comply with this notice the court will make such order as appears to be appropriate .

This could include striking out the claim or entering judgement .

 

TAKE NOTICE THAT

1. This is now a defended claim

The defendant has filed a defence , a copy of which is enclosed (THIS SENTANCE HAS BEED CROSSED OUT BY HAND )

2 It appear that this case is suitable for allocation to the small claims track .

If you believe that this track is not the appropriate track for the claim you must complete box C1 on the small claims Directions Questionnaire (Form N180) and explain why

3 You must by 6 June 2016 complete the small claims directions questionnaire (Form N180) and file it with the court office

The county court business centre 4th floor St Katharines house 21-27 st Katherine's street Northampton NN1 2 LH

And serve copies on all other parties

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std N180 directions Questionnaire detailed in 100's of like threads here


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Ok thanks I've had a read up on other threads I'm ticking yes to mediation just wanted to confirm that I need to send a copy to Hoist and that I should expect a copy from them too ?

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correct

 

 

dx


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