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    • I have now written up the Claim and will post this, we have also been informed by the DJ they will counter-sue for the full amount if we take them to Court for the £500 we are at a loss? We we have also included interest from the date they refused the Money in May as we are having to borrow to fund the wedding in three weeks, its so disheartening as we also have to pay £415 to put the claim in when they could have just resolved this matter!   Are they not bothered about customers at all, they are prepared to keep money without providing any service at all   Its so shameful
    • I'm afraid lapse of time has got nothing to do with it in this case. At the very minimum, though there is is six years within which to recover a debt – and when the money is paid by way of a mistake, it is six years from the date that the mistake was discovered or could reasonably have been discovered. I understand that your vehicle was damaged in an accident and the repair bill was paid by the insurer. Somehow or other, you were also paid about £2000 ostensibly to pay the garage for the repairs. As the car was already repaired, you didn't pay the money over or query it – but you used the money. I'm afraid that if that is a correct summary of what has happened then I would say that you are obliged to repay the money. If my understanding is correct – then you had probably better contact the solicitors and start dealing with them because I'm sure that they will have no hesitation issuing a claim against you and you will then be liable for the money, plus interest at 8% – plus a measure of costs – if the judgement sum is not paid 30 days of the date of judgement.  
    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. The Defendant contends that the particulars of the 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.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
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Talk Talk Mistake - I'm Paying For It!

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Hi All,


On 26th May this year I called my broadband/phone service provider, Talk Talk, to inform them that I would be leaving them and moving to BT at the end of the month. 

My contract with Talk Talk had officially ended back in October 2019 and I was just paying them on a monthly basis for continued service.


I was advised that I did not need to do anything, as arrangements would be made on my behalf to keep my existing number etc between Talk Talk and BT. 

I began my contract with BT on 1st June. 

I cancelled my bank payment arrangements to Talk Talk and set up new ones for BT.


I then received a bill from Talk Talk for June's monthly charges, which I ignored as I was no longer a customer, I owed them nothing, and they were not providing me with any kind of service.


I then received a second bill from Talk Talk for July's monthly charges.

I called Talk Talk to explain their error but they insisted that I was still a customer using their services. 

This was despite me proving that I have been a BT customer for the past two months and paying BT for services that Talk Talk are claiming to be theirs.


Talk Talk then took £60.39 from my bank account on 2nd August, despite having no authority or consent from me to do so. 

I complained to my bank and they explained that utility companies hold on to customers payment details (despite GDPR) and this practice is common. 

I have now instructed my bank to refuse any further payments to Talk Talk, by any means!.


I phoned Talk Talk to complain and insist they repaid my money immediately as it had been obtained fraudulently and they are not providing any service to me anymore.  The adviser couldn't help much, but promised me a call from a manager later in the week.  The call never materialised.


I called Talk Talk myself today, and after nearly four hours of phone calls, being put on hold, transferred, being made promises and making more calls, I have got nowhere. One manager did offer a token £30 payment which I obviously turned down. 

33I eventually hung up after being put on hold for over 20 minutes during a call lasting over an hour.


These people are ignorant at best and impossible to deal with.

Please could someone advise me on how to get my £60.39 back from these people?


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Posted (edited)

On the basis it was a direct debit from the bank. Why did you not use the DD guarantee and insist the bank refunds the money. 


Edited by CraigMcK
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All Talk Talk Direct debits/standing orders, etc were all cancelled correctly and set up for BT.

Talk Talk took the money from my debit card details which they had retained.

I have now blocked this too. I just want my money back!

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its called continuous payment authority

which both your bank and TT should know about!!


simply ask you bank for a chargeback

they should not refuse you.


then also get them to cancel the CPA too.






please don't hit Quote...just type we know what we said earlier..


if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.


DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.



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no valid contract!


is the BT coming out the same bank AC?

please don't hit Quote...just type we know what we said earlier..


if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.


DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.



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Only asking because I want to get my facts right before I approach the bank!

Yes, BT is coming out of the same account.

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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 !
 This fsa guide has now been updated:
 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. 
 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.
 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




  • Like 1

please don't hit Quote...just type we know what we said earlier..


if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.


DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.



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  • 3 weeks later...

Many thanks for the advice above dx100uk . I have followed your advice and the chargeback is currently in the hands of my bank (paperwork sent back to them last wednesday).



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