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    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
    • I have initiated the breathing space so ill wait. from re reading everything this what i understand BS gives me 60 days break from the creditors during these 60 days they may contact me and will most likely default I need to wait until after a default notice to see whether the OC will keep the debt or sell it off If kept by the OC then i should attempt a plan or pay some token payment? If sold to DCA then don't pay and after 6 years it will leave my credit report once the DN is registered with a date. DCA may start a CCJ but unlikely, if they do come back here. last question, do you know roughly how long this will all take? in terms of defaults/default notice, potential CCJ? Would you say I have 12 months plus from when the BS ends?
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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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