Newbie requiring advice

[CleverClogs (RIP)]

Re: Newbie requiring advice

It might be alien to you the advice you are given but I can honestly say.. take it! These people know what they are doing and as far as I am concerned it's best to start the whole process off now rather than wait because it wont be long before some Judge somewhere ties up all the loop holes and getting out of debts wont be as easy... so act now!!

No judge, however friendly s/he might be to a claimant or creditor, could revive a Statute Barred debt.

Nor should a judge allow enforcement of an agreement when the creditor has defaulted on a request made under ss. 77 - 79 of the Consumer Credit Act 1974.

[Missklj2014]

Re: Newbie requiring advice

I'm going to ring the bank now ! It's halifax so hopefully will be fine . If I withdraw cash out which can only be £300.00 , what about my priority direct debits which need to come out ?

[CleverClogs (RIP)]

Re: Newbie requiring advice

I feel like an idiot

But could you eat a whole idiot just by yourself?

[SaltnVinegar]

Re: Newbie requiring advice

Or if the DD was for £xx but thge bank paid £yyy instead.

Yes, or if the retailer/company altered the date/amount outside the specified timeframe (typically 10 working days) without notifying the customer.

This would potentially be an argument if a PDL company alters the agreed amount without informing the customer (i.e. tries to take a smaller amount), but I've not had anyone brave enough to fight on this basis when its happened.

[CleverClogs (RIP)]

Re: Newbie requiring advice

No the OP cannot - the DD guarantee only applies when genuine mistakes have been made so unless the OP cancelled the DD and the bank allowed the payment anyway then it will not apply.

Or if the DD was for £xx but thge bank paid £yyy instead.

[SaltnVinegar]

Re: Newbie requiring advice

I'm really sorry I feel like an idiot ( I need a step by step idiots guide !!) so if you mean just calculate living expenses and priority bills, without any debt repayments then yes I will have enough money to last the month

No need to apologize - you're not an idiot! Just a lot of info to take onboard in a real short space of time. So step 1 of step by step guide:

1) Protect what money you have left from Quickquid and P2P. Have you done the following:

• Withdrawn as much cash as you can
• Cancelled all continuous payment authority for Quickquid and P2P
• Tried to cancel the direct debits to Quickquid and P2P

If not you need to do that NOW. (and I do mean now).

Once you've done the above, then everyone can help you with steps 2 onwards.

[TibetanMonk]

Re: Newbie requiring advice

I'm really sorry I feel like an idiot ( I need a step by step idiots guide !!) so if you mean just calculate living expenses and priority bills, without any debt repayments then yes I will have enough money to last the month

Haha, that's fine I'm still like that now and I know more than when I started :P

Thats our main priority as SnV said. You being able to live is far more important than repaying debts atm.

[Missklj2014]

Re: Newbie requiring advice

I'm really sorry I feel like an idiot ( I need a step by step idiots guide !!) so if you mean just calculate living expenses and priority bills, without any debt repayments then yes I will have enough money to last the month

[SaltnVinegar]

Re: Newbie requiring advice

The way the rules work are simple mate. If you authorise ANY automatic payment: so long as you notify your bank before the payment has been processed then you can cancel it. This applies to SO/DD etc. So, the reasons why you'll claim
under the DD Guarantee will be that bank want a days notice to cancel but it was only today you realised there was a discrepancy with the account hence you're cancelling the authority.

The cash may be taken as it does take a day to fully propagate a cancellation but then the DD Guarantee will kick-in and the bank will refund it. The reason for reclaiming funds, to your bank, will be "I cancelled the instruction and you paid out afterwards".

It doesn't matter really as you can reclaim it no matter what.

I'm not disputing your logic or argument - just that I've seen claims made on this basis fail, especially when it comes to PDL's so I'd rather not rely on this.

Most important thing for OP right now is to ensure theres enough money to see through the month.

[TibetanMonk]

Re: Newbie requiring advice

Agreed but FOLLOW UP with a signed request to the bank as well.

Further to that, make sure you send it signed for/recorded delivery AND make copies and attach said receipts to the paper trail. We will need these just incase. It's always good to create a paper trail when you can.

[Never-In-Doubt]

Re: Newbie requiring advice

Not always, its normally the visa dispute team you go through to. If they object to it, just state that you're legally entitled to cancel any CPA's on your card. If they point blank refuse, get what money you can out of your account and cancel your card and order a new one.

Depends on what bank but Natwest, RBS and Nationwide are pretty good as I've dealt with them before regarding my CPA's.

Agreed but FOLLOW UP with a signed request to the bank as well.

[Never-In-Doubt]

Re: Newbie requiring advice

I've calculated that I will have £80.00 left for the month after all the priority bills and minimum credit card payments and loan repayments are made. That's if the 2 payday loans don't come out . I will call my bank after work. Will they just cancel the cpa's without question ?

no. Start again. Forget ALL debts. Priority bills is living expenses.

You need to look at maybe stopping payments for a couple of months to allow you to repay at a level that suits you. As you rent: you don't really have to repay either if you didn't want to.

[TibetanMonk]

Re: Newbie requiring advice

I've calculated that I will have £80.00 left for the month after all the priority bills and minimum credit card payments and loan repayments are made. That's if the 2 payday loans don't come out . I will call my bank after work. Will they just cancel the cpa's without question ?

Not always, its normally the visa dispute team you go through to. If they object to it, just state that you're legally entitled to cancel any CPA's on your card. If they point blank refuse, get what money you can out of your account and cancel your card and order a new one.

Depends on what bank but Natwest, RBS and Nationwide are pretty good as I've dealt with them before regarding my CPA's.

[Never-In-Doubt]

Re: Newbie requiring advice

The way the rules work are simple mate. If you authorise ANY automatic payment: so long as you notify your bank before the payment has been processed then you can cancel it. This applies to SO/DD etc. So, the reasons why you'll claim
under the DD Guarantee will be that bank want a days notice to cancel but it was only today you realised there was a discrepancy with the account hence you're cancelling the authority.

The cash may be taken as it does take a day to fully propagate a cancellation but then the DD Guarantee will kick-in and the bank will refund it. The reason for reclaiming funds, to your bank, will be "I cancelled the instruction and you paid out afterwards".

It doesn't matter really as you can reclaim it no matter what.

[Missklj2014]

Re: Newbie requiring advice

I've calculated that I will have £80.00 left for the month after all the priority bills and minimum credit card payments and loan repayments are made. That's if the 2 payday loans don't come out . I will call my bank after work. Will they just cancel the cpa's without question ?