Jump to content


  • Tweets

  • Posts

    • I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
    • To re-iterate and highlight my urgent question on this one: The N24 from the court did not include any instructions to submit paperwork 28 days before the date, unlike the N157 received for other smaller claims. Do I have to submit a WS for this court date? Link has!...
    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Claiming back funds from unenforceable debts when paid by DD


Fullyskinted
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6316 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Its just been highlighted by a mate that if you had been paying your monthly payments to said credit company and they cannot provide the original documentation, deeming the debt unenforceable you may have a killer blow for them.

 

Under the Direct Debit Guarantee it makes it clear that any fraudulent payments are reclaimable immediately.

 

Direct Debit - Your rights

 

"If an error is made by the organisation or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid."

 

"If any payment is made in error, you should contact your bank or building society who are responsible for giving you a full and immediate refund - even if the original error was made by the organisation collecting the payment."

 

Food for thought?

 

I was wondering though, would DD be able to tell you the total amount paid to the company?

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

Link to post
Share on other sites

Im not really sure that this applies to an unlawful debt. As I understand it, this means if the DD has been set up fraudently without your knowledge, or the amounts or times taken were not with your permission.

 

Someone correct me if Im wrong.

Link to post
Share on other sites

Im not really sure that this applies to an unlawful debt. As I understand it, this means if the DD has been set up fraudently without your knowledge, or the amounts or times taken were not with your permission.

 

Someone correct me if Im wrong.

 

 

Yes that was my thoughts too - but when you read it,

"If an error is made by the organisation or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid". bit deems it relevant in my eyes.

 

They made an error of claiming the monies off of you. If you get to this stage you will have had it confirmed in writing and the debt will have been written off. Therefore, you are claing back what is deemed a payment in error.

 

Im just talking out loud here by the way. I thought Id open a new thread to discuss if the DD Guarantee can be used to your advantage when claiming back the funds paid to date...

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

Link to post
Share on other sites

I only wish I could comment on the reality of the DD Guarantee but I can't

 

 

LOL, why not?

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

Link to post
Share on other sites

Ah. I thought as much!

 

SO why is it used if the guarantee isnt as trustworthy as it claims?

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

Link to post
Share on other sites

"Don't forget, you can cancel a Direct Debit at any time by contacting your bank or building society. We also recommend you notify the organisation concerned"

Not in My experiance

 

I had a problem a couple of years ago with this.It seems that the Guarantee does not always apply.

 

I had opened an account with AOL for my broadband service after the trial period i decided that they where far to intrusive and got sick of therm taking liberties with my computer so i contacted them and informed them i did not wish to continue after the free trial pereiod.Stupidly i had given them my credit card details.

They then ignored my request and took there fees out every month despite me ringing my bank whose response was "you have to get them to stop requestng the payment,when i contate AOL they were either unavailable or promised to cancell and refund and then did nothing.After three months of this i was forced to cancel my card and get another one issued with a dirfferent card umber I never got my money back. I reapeatedlely quoted the DD guarantee at them but it made no difference.

I also have a friend who had a simmilar experiance with Ebay,he had initially opeced the account using his credit card but had given them his bank details so they coud transfer money backwards and forwards.

After a couple of years he had a dispute over charges so he stopped the axcess to the bank whilst it was resolved. Ebay then dug up the details that they still had on file for his credit card and took the money out of there again the DD guarantee was quoted and again no redfund was forthcoming.

 

I never found out the reasoning behind this and understand people are still haveing trouble with AOL . I would be interested to know why the DD gurantee doesn't seem to apply to payments made to these companies?

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Hmmmm,

 

SCRAP THAT IDEA THEN springs to mind LOL :)

 

I just thought it would be usable :confused:

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

Link to post
Share on other sites

Really this is not on, the Guarantee is a major selling point for the Direct Debit service. Surely compaints should be made to the OFT.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Dont forget that the direct debit guarantee only applies to direct debits from a bank account. I dont believe it covers credit card payments.

 

The whole fiasco of direct debits from a credit card is another kettle of fish as you personally cannot stop the payment as Peter descibed above. It has to be cancelled by the company taking the payments.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

Err, Tam, I think you got your wires crossed matey!

 

Im on about using the DDG as a way of getting the recieveing company to pay back the funds taken from your bank acct - nothing to do with DD payments from your CCard...

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

Link to post
Share on other sites

Sorry FS

 

It was my fault i inadvertantly hijacked your thread

 

Applologies

 

Nevertherless i got some valuable info from T

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Guest Battleaxe

Direct Debits are the Devil's Spawn. I have had A & L paying out on cancelled Direct debits depite me writing to them cancelling authorisation to the bank and to the creditor. The creditor ignores and the bank continued to pay. it was only after I filed my N1 for the reclaim of charges did A & L sit up and take notice. They then refunded the DD paid out. It should not get to this stage EVER.

Link to post
Share on other sites

Direct Debits are the Devil's Spawn. I have had A & L paying out on cancelled Direct debits depite me writing to them cancelling authorisation to the bank and to the creditor. The creditor ignores and the bank continued to pay. it was only after I filed my N1 for the reclaim of charges did A & L sit up and take notice. They then refunded the DD paid out. It should not get to this stage EVER.

 

I had A&L pay direct debits after an account was CLOSED. They did refund it though but it took about 3 months.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

Err, Tam, I think you got your wires crossed matey!

 

Im on about using the DDG as a way of getting the recieveing company to pay back the funds taken from your bank acct - nothing to do with DD payments from your CCard...

 

I understand that Fullyskinted, my post was a reply to Peter who mentioned credit card direct debits. :D

 

I like the idea and we should look into this a lot more :)

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

What about when the DD is to the same bank as your account i.e. to pay for a personal loan with the same bank, when the debt is in dispute and you try to stop the DD but the bank totally ignores your DD cancellation and carries on taking monies by what can only be termed as force despite letter after letter telling them not to.

 

Certainly food for thought. Subscribing :)

Law Pack & Small Claims Procedures Ordered Via site :) received 26/10/2006 I thank you :)

 

Claiming contractual @ £1.40per day ;) take your time Mr West

 

Can't wait to donate my 5%............. :)

Link to post
Share on other sites

Guest Battleaxe

The bank cannot ignore your DD cancellation instruction regardless if you have personal loan with the same bank. I proved this, they refunded the unlawful charges they thought they would apply to my account because there was insufficient funds. They hated it. Especially as they wroite to me confirming that had cancelled my DD instructions.

Link to post
Share on other sites

Hi Guys,

 

I'm jsut subscribing - I'll read it all later!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...