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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
missmoneypenny

Advice on bundle pls very nervous!

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Hi there,

 

I have received a court date of 19th February for my claim against barclaycard and Im nervous!

 

I need a bit of help with my court bundle. i have printed the supplied by Bookworm. Do i just print it out, add my correspondance and statements and not change anything on Bookworms bundle at all? Should I print the EDM and OFT summary or leave it as website links? Am I missing anything? Do i need a statement of defence? if so what is this????

 

Sorry for all the questions but im nervous and excited all at the same time...this has been going on an awful long time and i almost there!

 

 

thanks in advance for your help

 

Miss M

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Miss, you do not print out the bundle as is, you need to edit it first as is explained on the page where you download the bundle.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Read this page agin for more information and visit the Barclays forum to see what others have done.


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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thats not a very helpful answer now is it - the page where you download the budle says "personalise it"

 

She says do i just add my correspondance and my statements and leave the rest alone? I think thats all you need to do yes, but someone to confirm that would be nice

 

what she wants to know is if she needs to print off the contents of the websites referenced in the bundle? I suspect the answer is yes you do but again, some confirmation would be nice

 

I know that people here provide their time and advice for free, and that a lot of people do ask blindingly stupid questions, but this lady has asked the same questions I have been wondering about and no one seems to be able to say yes or no to these things??

 

To simply point people back to the page they are asking questions about when they have obviously read all that is there is patronising in the extreme, the info she asked for is not on that page so why send her back there?

 

I thank people here for all the work they do, its a great site, and as Admin on a huge footy forum myself i know how hard a job it can be, but i have to say it seems that the stock response to people is "all the info you need is in xxxxxxx page, go there" even if that page does not contain the info they asked for.

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Thanks yorkshiregrit,

 

I did find Hagenuks response a little unhelpful because of course I read Bookworms post where the bundle is attached and of course Ive read through the forum to see what other have done!

 

As helpful as Bookworms post is it does not say which specific parts of the bundle may need editing if any at all, it merely suggests you need to add personal docs to it?

 

I have read through Bookworms bundle several times and find it quite daunting. Its hard to get my head around all the legal jargon and really i need to know if it would all be applicable to me?

 

I am aware I need to edit things like the index and add page numbers and include my statements, correspondence and copy of claim on MCOL.

 

 

Am I totally missing something here? i am usually an intelligent and bright human being but right now I feel inceredibly thick!

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quite the opposite - i think you are in the same boat as a lot of other people, i think the process is very well explained untill you get to the point of having to make up a bundle, all the other bits you can cut, paste and follow instructions to edit them.

 

The Bundle, having had a look through it to prepare myself for when i get there is the only bit that has little or no guidance on WHAT to edit and ammend.

 

My guess is as you say you include all the docs you have, the copy of your claim from MCOL and your other letters i am guessing is enough statement of defence, if not can someone provide a template for such a thing?

 

I would be inclined to print out the documents that are linked in there and include the full copies.

 

I hope someone - maybe Bookworm, is able to clear this up as it seems a little murky to me.

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Sorry if it sounds unclear, I fail to see how to make it clearer:

 

The Index page says:

 

- Correspondence. I should think that's self-explanatory.

- Latest Schedule of Charges. Ditto.

- Statements. Ditto.

- Case of laws and everything else from then on is included, ready to print, as is. The links to the OFT & the EDM are there because they're easier to print directly than to format and print.

 

I'm not sure what else I can possibly do to make it simpler, tbh.

  • Haha 1

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Also on your court order does it ask for a statement of evidence ?

 

 

 

also I'll go look at the bundle thread see if it can be improved at all, but you must remember this is a self help forum. We cant supply a template for every eventuality, and if we did, and you did get into court, would you be prepared ?

 

The bundle should be suitable as a starting point for getting documents together to submit to the court. They are standard statutes and case laws. I dont understand what you want to amend or edit ? Its a basic bundle to help - it wasnt there when i did mine, I researched and found my own information out, brought it together, and made up the bundle. I learnt a lot and felt fully confident when I went to court. The library is full of case laws and statates, OFT reports and competition commission reports....everything you need is on this site really. It takes time, effort and research.

 

i totally agree with you that this process is one of learning - i would not want to end up in a court and not have at least a reasonable understanding of the issues that were being raised, reading the contents of the Bundle helps in that process, i agree.

 

However within the Bundle are 2 website links, to confirm if they need printing out and including as full documents would be a start!

 

You also mention this "Statement of Evidence" which has no mention anywhere in respect to the Bundle surely there should be some mention of that when downloading this??

 

At all other stanges there is seems to be standard wording, with different coloured sections for different eventuallities, at every other stage people get told to stick to the standard wording and add/remove the sections that apply to them, then at the final hurdle it changes to "work it out yourself" it just seems a little bit like we'll help you, but only so far!

 

Would be great if someone could

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Well the thing is it seemed clear enough in the beginning an i thought i had it sussed. I dont think its your thread as such bit more to do witht he reply from hagenuk where they said I do not print out the bundle as it is. They said I need to edit it first. I couldnt see what there was to edit except for the index!

 

It seems to be as i orignally thought I print your very helpful bundle, add my personal docs and amend the index. As simple as that unfortumnately HagenUK confused me. Im sure it wasnt intentional!

 

Bookworm please dont take it personally I think your thread is amazing and I dont know what I would do without it!

 

As Karnevil said there is plenty info on the net but Im a complete novice and did not have a clue what the court were asking for exactly!

 

Im much clearer now - sorry for being a bit slow!

 

And one more question about this bloomin bundle if you dont mind is should I include a skeleton argument?

 

My letter from the court simply says I must supply the following

 

Copies of all documents upon which i wish to rely

 

Statements of all witnesses, including parties upon whose evidence you wish to rely etc etc (I assume this is not applicable to my case)

 

All original documents mustbe brought to the hearing

 

Thanks again everyone!

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Sorry if it sounds unclear, I fail to see how to make it clearer:

 

The Index page says:

 

- Correspondence. I should think that's self-explanatory.

- Latest Schedule of Charges. Ditto.

- Statements. Ditto.

- Case of laws and everything else from then on is included, ready to print, as is. The links to the OFT & the EDM are there because they're easier to print directly than to format and print.

 

I'm not sure what else I can possibly do to make it simpler, tbh.

 

That has just made it clearer!!

 

maybe some of that info should be included in the page where you download it. (that you have to print the OFT and EDM docs yourself) and some confirmation that you need only "personallise" the first 3 sections?

 

Not wanting to be seen as ungrateful - it already is about 20x better than i could have even imagined i could do on my own, i guess as a newbie sometimes you can't see things that those of you with the knowledge take for granted, i know in my line of work (IT) i often have to think "am i taking peoples level of understanding for granted?"

 

I guess this is the same, since you understnad what you need to send it makes perfect sense, those of us with less legal minds just need a little more noddy instructions i guess.

 

Thanks for responing so positively, was worried it would be seen as complaining and being ungrateful!

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That has just made it clearer!!

 

maybe some of that info should be included in the page where you download it. (that you have to print the OFT and EDM docs yourself) and some confirmation that you need only "personallise" the first 3 sections?

 

Not wanting to be seen as ungrateful - it already is about 20x better than i could have even imagined i could do on my own, i guess as a newbie sometimes you can't see things that those of you with the knowledge take for granted, i know in my line of work (IT) i often have to think "am i taking peoples level of understanding for granted?"

 

I guess this is the same, since you understnad what you need to send it makes perfect sense, those of us with less legal minds just need a little more noddy instructions i guess.

 

Thanks for responing so positively, was worried it would be seen as complaining and being ungrateful!

 

What legal mind? Who, where? :-D

Meet French housewife and carer, duckie. 1 year ago, I had no idea about what any of those terms meant. That's actually why I put the bundle together, because I realised how daunting it can be to try and work out what to include.

 

I thought it was all self-explanatory, but have already altered the post to hopefully explain further. Work in progress, as ever. :-)

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Thank you so much everyone for the advice. I will be spending my weekend compiling my bundle and sending it special delivery on Monday. Keep your fingers crossed for me! I will keep you updated on my progress (assuming I have no more questions Re the bundle!)

 

:)

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