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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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      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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      • 16 replies
lisadp1970

Council not accepting financial statement unless filled out by CAB.....

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Hi

 

Quick bit of advice needed regarding filling out financial statements which has been requested by my ex local authority.

 

Basically we have outstanding council tax debt with North Herts Council from around 6+ years ago. they got a court order and we was paying this off at £20 a month which we agreed with them.

 

About a year ago they decided that they wasn't going to accept £20 a month any more and wanted £40, well we told them this was unaffordable and payments ceased.

 

This has now escalated to Bailiff levels so we contacted the Council to say we weren't going to give the Bailiffs anything and that it's in their best interests to take the debt back and accept the original payment of £20 which was all we could still afford.

They said we had to fill out a financial statement so we visited CAB who gave advice and provided the forms to send them.

 

filled these in and emailed them off and the council have come back saying these forms should have been filled out by CAB themselves (never had to do that in the past) and they are not accepting what we sent them!

 

Personally I think they are just being bloody minded, so they've been told as it's school holidays and I'm on my own all day with three kids, two of whom are Autistic, and the fact my Husband has moved out as we've now split up, this won't be possible till September.

 

Is this correct that CAB have to do this form?

 

Thanks

Lisa

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Why did you stop paying what the court had ordered in the first place??

 

First mistake!

 

Re-instate that payment for £20 a month, and pay the arrears.

 

If the LA want to increase the payments, then they need to take you back to court for a redetermination.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Bb is correct. Even if you disagree with the council you still need to pay what was ordered/agreed.

 

You can then tell the council to go back to court. You can show the judge your income and expenditure details and the judge will make a decision. Not the council.


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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You can then tell the council to go back to court. You can show the judge your income and expenditure details and the judge will make a decision. Not the council.

 

DITTO!

 

At the moment, the LA hold all the cards, unfortunately.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Erm - no Court Order for payments as this has been an old Liability Order for Council Tax. Agree however the £20 a month should still have been paid in the meantime whether the Council agree or not as they cannot refuse.

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I always encouraged debtors to continue to pay something to the Local Authority, even if a payment arrangement was not in place and they were in dispute with us. This was so a) the debt reduces and b) it can work in your favour if later action was taken for committal as it should demonstrate a willingness to pay.

 

There is no legal requirement for CAB to have to fill in a form for you but it will be, seen from the council's view point, as part of the process of encouraging a person to seek advice on debt issues. The council have no obligation to re-instate any payment arrangement or accept a new one at this stage.

 

At an outside push the LGO may look at a case where the council have been awkward over accepting the income/expenditure details but any decision wouldn't particularly mean much anyway in this case as the decision over allowing any arrangement is at the council's discretion.

 

The only way the case will end up back in court at this stage for a magistrate/judge to look at would be if the council applied for committal - at that stage the willingness to pay etc would be looked at.

 

Craig

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we have outstanding council tax debt with North Herts Council from around 6+ years ago. they got a court order and we was paying this off at £20 a month which we agreed with them.

 

No mention of a LO Lisa.

 

Can only advise on the info you give.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi

 

Quick bit of advice needed regarding filling out financial statements which has been requested by my ex local authority.

 

Basically we have outstanding council tax debt with North Herts Council from around 6+ years ago. they got a court order and we was paying this off at £20 a month which we agreed with them.

 

About a year ago they decided that they wasn't going to accept £20 a month any more and wanted £40, well we told them this was unaffordable and payments ceased.

 

This has now escalated to Bailiff levels so we contacted the Council to say we weren't going to give the Bailiffs anything and that it's in their best interests to take the debt back and accept the original payment of £20 which was all we could still afford.

 

Lisa,

 

You initially posted on the forum regarding these council tax arrears back in 2009. Earlier this month, you then posted back on the bailiff section of the forum where once again, you received excellent advice. My last post on that thread was this one:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?479264-Penham-Excel-threatening-to-remove-vehicle......7yrs-old-CTAX-LO&p=5042453&viewfull=1#post5042453

 

Did you undertake the enquiries as I had advised?

 

PS: Its best to keep your posts to this section of the forum.

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Lisa,

 

You initially posted on the forum regarding these council tax arrears back in 2009. Earlier this month, you then posted back on the bailiff section of the forum where once again, you received excellent advice. My last post on that thread was this one:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?479264-Penham-Excel-threatening-to-remove-vehicle......7yrs-old-CTAX-LO&p=5042453&viewfull=1#post5042453

 

Did you undertake the enquiries as I had advised?

 

PS: Its best to keep your posts to this section of the forum.

 

In relation to my previous posts I did follow up on the advice given which has led to the Council requesting a financial statement, which brings me on to this query.

 

As for not continuing with the payments, the council flatly refused to accept the £20 a month and advised me that I had to deal with the Bailiff company, to which I told them no as the Bailiff company won't accept £20 a month and wanted the whole balance and no less.

 

The council a short while ago got back to me advising that they will accept £20 a month but I have to pay this to Penham Excel, who I refuse to have anything to do with.

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Why did you stop paying what the court had ordered in the first place??

 

First mistake!

 

Re-instate that payment for £20 a month, and pay the arrears.

 

If the LA want to increase the payments, then they need to take you back to court for a redetermination.

 

It was the Council who refused the £20 a month and even though they have a LO it wasn't the court that set this amount this was what myself and the council came to an agreement over

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The council a short while ago got back to me advising that they will accept £20 a month but I have to pay this to Penham Excel, who I refuse to have anything to do with.

 

Given the history of this matter, I would strongly suggest that you accept the council's proposal (which I believe is an excellent one).

 

You have also previously posted extensively about your fear that your vehicle would be seized. You are currently at risk of this happening.

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