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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.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
fannyadams

in for a penny...

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in for a pound.

Ok

I have just written the Preliminary Letter of Approach to A&L whom I have been with since july last year. I think they owe me about £72.00 Not much, but when I add it to the other banks charges it makes a tidy sum £230!

I'm hoping as it's such a small amount they'll just refund it and I won't need to go to court. I am scared that they will shut my account, and coz I'm a 'rate tart' I won't get another account. Should I go for a parachute now? or wait and see. Although My 1 year fees free OD is coming up in July anyway A&L are the best for OD charges...so maybe I'll wait a bit longer.

Thanks for looking. Hi to all MSErs!

FA


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...so maybe I'll wait a bit longer.

 

With the knowledge you have gained you could now take advantage of the situation and use any future penalties as a saving up fund.

 

Its nice to know you have six years to make commence proceedings.


PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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sorry been busy wiv other stuff.

got standard "sorry you've got problems" letter of acknowledgement from Liz Larkin, Customer Services. Enclosed Complaints Leaflet says

"by day 7 we'll try to give you a full reply. if this is not possible, an acknowledgment will be sent to let you know who is dealing with your complaint.

by day 28 - we will have investigated your complaint and sent a written response. in some cases we may need more time to respond. If so we will write with an update of the situation.

by day 56 - it is highlyunlikely that your complaint won't have been resolved. But, if it hasn't, a senior manager will reveiw the situation and wrtie to you with our final response."

The clock is ticking... 28 days from 24 April is 22 May - then I get 'nasty'

bring it on!


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I got the "we are sorry here's £25" letter yesterday, with the this is a good will gesture and you will have to pay in the future threat. I'll find the real thing and post it here when I've waded thru the piles on my desk...

I have 8 weeks to accept this - although the money is already in my account & I have spent it!

I will write them a VERY NICE letter thanking them for the partial refund then ask for the rest of it back(£46.50)


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Looks like you made the same mistake as me being dazzled by A&L's special offers. I too am an MSE'r, but could not afford to stay with A&L for the full 12 months of the "free" overdraft. I was with them from April to January and it cost me £177. Good luck getting the rest of your money back.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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OK I found the letter from Marie Williams, Customer Services, Alliance and Leicester - here it is slightly abridged

 

"Firstly there has been no consultation between the banking industry and the Office of Fair Trading about current accounts. If there is any industry wide consultation on this matter, Alliance and Leicester will participate as appropriate.

I have checked our records and can see that you had three charges raised on your account"

 

they continue "Although these charges have all been raised correctly in line with our charging policy, I am willing to make a further refund of £25.00 in lieu of your last overdraft charge. I must inform you that this is a gesture of goodwill and any charges raised correctly to your account in future will have to stand.

 

I hopw we will now be able to draw this matter to a close andif I do not hear from you within the next 8 weeks, will assume this is the case. Howver in accordance with regulatory requirements, I am enclosing our leaflet which explains the steps you would need to take if you should wish to persue this matter further, including the ultimate availability of the FOS."

 

Well stripe me sideways - I thought the WHOLE reason WHY all this claiming back had arisen was because the OFT and banks had had a 'little chat' in light of some digging that WHICH? had done...

 

I am determined to get the rest of it back good will getsture or no they are thieving scumbags and it's my money...

 

Onwards and upwards.


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Well 14 days are up and no response...

Maybe I'll send them a recorded letter, just to be certain they got it. Wouldn't wanna let them get off on a technicality would I?

OR

should I just procede to court and assume the letter arrived?


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you sent your lba now

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Sorry, I didn't make it clear in the previous post.

I sent them the LBA on 20 May. and received no repsonse or anything after 14 days.

I'm gonna err on the side of caution and send them another LBA recorded delivery and then start the court procedings when they don't reply.


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Letter from Customer SAervices A&L 21 June 2006

"Thank you for your further enquiry regarding charges that have been debited to your account, which I understand remain the cause of dissatisfaction.

I have reveiwed the circumstances in which the charges were raised and have carefully considered the points you have made. Whilst I appreciate that you are unhappy with the situation, I can confirm that the charges were applied correctly in accordance with out chraging policy and unfortunatley, I am unable to alter our original decision on this occasion.

I accept that you may be disappointed with this response but regret that I can offer no further assistance regarding this matter."

 

This is basically the "you don't have the balls to sue us" letter...isn't it?

 

Or should I quit now whilst I am ahead? I still have about 46.50 outstanding from an original 84.00 worth of charges. Is it worth taking them to court for such a small amount?

 

I do not believe that A&L would close my current account since I have an ISA and a savings account with them and they must be raking it in with them.


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It's your call what you want to do now. I am not convinced that they would keep your current account open just because of the ISA and savings accounts. In my opinion, they would probably leave those open and close your current account. Have you got a parachute account just in case?

 

It seems a shame to have come this far and not follow through with court action. Just because it is a small amount I don't see why they should get away with it; its the principle of the matter. The cost of the action would be quite low and you would get that back assuming that you won, which seems a safe assumption as an A&L representative said on the radio that they would pay anyone who put in a court action, but not go to court and close the account.

 

The MCOL system is quite simple and is explained very thoroughly and clearly on the site.

 

Let us know what you decide.

Please be clear that I am not a professional and this are just my opinions.

  • Confused 1

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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This topic was closed on 09 March 2019.

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If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group


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style="text-align:center;"> Please note that this topic has not had any new posts for the last 5165 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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.

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