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    • Having another go now. Here is my thoughts on approach with the defence while I edit the WS. Focused around proof of service of CCA required paperwork, referring to s136 and s196 Law of Property Act 1925, and this section (my highlights) "Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned through the post-office undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered." Having a photocopied letter only in exhibits is not proof it was serviced. Strict proof? Proof of postage/receipt? Or, am I missing the point with the above please? And somehow arguing the agreement looks smelly.. like I could have typed it up myself. - not sure how this can be argued correctly, but it's just a piece of paper with my name on it, I think having a judge decide is a perfectly reasonable thing for a person to do if they don't think it's right. As it's my first court case and potentially many to come, I'm keen to experience it (or one of the first ones), I can afford to argue this one in court. I will also benefit from seeing this through for future decisions I will have to make.. rock and hard place With all of that said, and taking dx's advice, I'll TO if attractive and maybe do court on future ones that have a greater chance at success.
    • Back in 2019 this forum helped me to get free of Payplan and through some CCA letters dispense with a number of old debts. One related to a Barclays Overdraft from the early 00s, last payment through PayPlan was 04 June 2019. I have informed Drydens in both May 2019 and June 2023 of change of address. No letters beyond a confirmation of the change and a request for finanical details, which ive ignored. Today ive just received 2 letters from them that look like notice of assignment, or confirmation of appointment letters - along with the usual requests for payment and mild threats of further action. What i was wanting to know is do i just ignore these as per usual? I know that i cant CCA an overdraft debt but what is the usual "plan" for dealing with old overdraft debts? Am i trying to run the clock down until June 2025 when it becomes statue barred?
    • put selling and dca's and a very rare chance of a court claim out your mind. months/years if at all. but never ignore a letter of claim. as for the rest, to be frank you are now in the knowledge/research stage. a day.  
    • Upcoming changes to DRO rules The rules to qualify for are DRO are changing on 28 June 2024. From this date, the maximum level of debt you can have for a DRO will increase from £30,000 to £50,000. Another change on the same date will mean you may qualify for a DRO if you have a vehicle worth less than £4,000 (the current limit is £2,000).   Debt Relief Order Unit Insolvency Service Phone: 0300 678 0015 Email: [email protected] Individual Insolvency Register www.insolvencydirect.bis.gov.uk/eiir/ Insolvency Service www.gov.uk/government/organisations/insolvency-service   .   .  
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direct debit budget!


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Cut a long story short, cancelled car insurance policy because I found it cheaper elsewhere 1/2 way through the Budget Policy they then took out my bank account the full amount of the policy, can they do this?

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i would not have thought so! contact your bank/building society immediately and tell them that you want an immediate refund in accordance with the direct debit guarantee insofar as Budget Insurance have taken a payment to which you were not aware and had not agreed for them to take

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spoke to Barclays.......... so helpful...not!!! have to phone budget to request the money to be refunded to my account.....spoke to them refusing as I cancelled the policy. will be writing to bank. More paper work!:-|

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Oooh, no, that's not right. Did they do it through your existing Direct Debit setup?

 

Direct Debit - Your rights

Your rights

 

The Direct Debit Scheme protects you and your money by means of the Direct Debit Guarantee.

 

This Guarantee is operated by all banks and building societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own bank or building society.

 

 

 

The Guarantee

If the amounts to be paid by Direct Debit or the payment dates change, the organisation collecting the payment will notify you normally 10 working days in advance of your account being debited or as otherwise agreed.

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.

Direct Debit is one of the safest ways of paying your bills. Fraud rarely occurs because organisations using the Direct Debit Scheme go through a careful vetting process before they're authorised, and are closely monitored by the banking industry. But if money were to be taken from your account fraudulently you'd be protected by the Direct Debit Guarantee, and would be entitled to an immediate refund from your bank or building society.

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.

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Click the scales if I've been useful! :)

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Then the bank is obliged to give you an immediate and automatic refund. Quote the Direct Debit guarantee at them - it is a guarantee, ie 'this will happen in the event of this', not, "meh meh meh, we can't do anything, go bug someone else', which is what it sounds like you got.

If the insurer was entitled to take the amount, or it is a grey area that needs sorting, the DD guarantee still applies - Budget must inform you in writing ten days before they attempt to take a different amount than usual, and I'm assuming that the 'full amount' of the policy is way more than they usually would have taken.

 

Get the money refunded from the bank - the bank will then chase Budget to recoup their losses. This is how it's meant to work, and they can't say no.

 

You may need to get someone else on here to take a look at any 'cancellation charges' Budget may try to justify this with; you'll need your old policy document for this. When you were cancelling (over the phone?), did they warn you that there were extra charges or fees to pay for cancellation? Or did they happily cancel the policy and give you the impression that it was all done?

 

Anyway, let us know how you get on with your bank. Remember, they have an obligation under the Direct Debit Guarantee to refund this payment, as it was taken in error: "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." Good luck.

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