Thanks Andy, So it appears that we've covered ourselves.... I just need to check whether the Judgment has been cancelled in the past few days. What worried me was that two days after the payment had been received by Safeloans, my partner received the letter from Northampton CCBC stating that the case was being moved to Canterbury CC for enforcement. If a bailiff turns up I'm gonna go scatty!

Another Quick question guys, Sorry Is email accepted as "in writing"?

Thanks for your comments, We emailed Safeloans as soon as I became aware of the problem. They stated that even though the Judgment was for £287 (on the summons) they would accept £224 in full and final settlement of the account and that if the F&F amount was paid they would advise the court that the account had been settled and that the court would accept this as settlement of the judgment. Upon Payment they stated that they had advised the court that day. Is this a case of the court slowing things down with bureaucracy? If not, and the court have not accepted the F&F figure as payment of the Judgment, can I pursue safeloans for providing dodgy information?

Yes, I also checked with the Registry Trust Online who confirmed it was definitely a judgment... I checked it yesterday, 3 weeks after I paid it for him, and it's still showing as unsatisfied... Safeloans have stated that they informed the court electronically however we've not received any confirmation from the court.

Hi all, My Partner, rather stupidly, took out a PDL with Safeloans at the end of last year. Amazingly, without any of the usual blurb, they went straight for a CCj when he missed his payment. The first I knew about it was the actually judgment being thrust into my hands by a frantic and distraught OH. The Judgment was 9th July and, when I was paid, I paid the debt off at the F&F settlement rate that Safeloans offered. Safeloans then stated that they would advise the court that payment had been made, however it appears that this may not have been done as he received a letter from Northampton CCBC saying that a hearing was being set up at Canterbury CC. My understanding is that if the payment is made within 30 days of the Judgment being filed it can be cancelled by the court issuing it, is this correct? We have the receipts etc (by email) from safeloans stating that the account had been paid etc, however, can we contact the court and ask for it to be cancelled? this is fairly urgent as my OH works in the financial sector and could lose his job if the company do one of their FSA spot checks. Any Advice Gratefully accepted. Thanks

Hi Bradders, Think you need to contact the Nationwide Head office Customer Relations team and make sure you make an official complaint! Don't take no for an answer!!! They have to do the chargeback and then investigate it, also try amending the letter I sent to Barclays for your needs (CFO Emptied my account Too!) Good luck!

Hi Azzadle, It appears we had the same problem around the same time, only difference being that we're with different banks. The people you're speaking to sound like the call centre monkeys... What I did, after a few days was to call the Head Office Customer Relations Team who sorted it within 10 minutes. As Renegadeimp kept saying to me, DON'T GIVE UP! The Customer relations teams tend to be all powerful and in some companies are just below the chief exec as far as powers go! You should find their details on your banks website. You didn't authorise the payments so it's a fraudulent payment, which ever way you look at it! Have a look at the complaint I sent to barclays (Page 1 or 2 I believe) http://www.consumeractiongroup.co.uk/forum/showthread.php?360740-CFO-Drained-my-account-Too!-**RESOLVED**-and-CPA-cancelled(1-Viewing)-nbsp Good luck and let us know how it goes!

Hi Bradders, I appreciate I'm not that experienced, but when I had problems with CFO and Barclays I tried the nicely does it approach, when that failed I called the Head Office Customer Relations team and within 10 minutes the problem was sorted. As R Imp stated above, dont go to the front line imps! Aim High! There's a letter in my post "CFO emptied my account too!" that I sent and emailed, which appears to have made a difference. Good Luck and let us know how you get on!

Thanks for your kind wishes and help everyone! If I can give one more piece of advice that I've gleaned from this nightmare, if the call centre oiks cannot/will not give satisfaction, especially with Barclays, go straight to the head office customer relations team and don't get fobbed off! Couldn't believe how quickly it was sorted once they were on the case! Thanks once again everyone! Phil

I'm still considering action against the lender think I'll go the OFT and FSA route....

Finally..... Spoke to the head office complaints team.... 10 mins later... All sorted. Transaction cancelled, money being refunded, investigation being carried out... Overall, a decent result! Thanks for your support guys, Especially you Renegade!

So who do I complain to with regards to the Lender? FSA? FOS? OFT? Just called the bank, and they've said they cant even find my complaint, even though I have a receipt for it... Getting really annoyed now...

the Lender

Yes I made the formal complaints to Barclays and to the BCCA about CFO however it turns out they are unregulated....

Well, It's been a week and I've heard absolutely nothing, except the usual letters demanding that I refloat my account immediately or they'll close it... Not sure what to do with these now...

Hi Slick, Many thanks for the input, They called me earlier to discuss the actions they will be taking... it appears that bombarding them with regs and codes may have had an effect although I shan't hold my breath just yet!

Thanks MB! Best wishes!

Following sent to Barclays compaints department, Copied to Marcus Agius, CEO: Dear Sir/Madam I am writing to complain about the complete lack of assistance provided to me by your customer service team over the past 72 hours. S/C ****** A/c ******** Having checked my account balance on Sunday 5th August, I noticed 2 unauthorised transactions which have placed my account £660 over my agreed overdaft limit. I called the customer service 0845 number and was put through to the disputed transactions team. They informed me that I should, in the first instance, contact the company responsible for the transaction and call them back once I had further information. I duly attempted to contact the company concerned and was unable to as the emails were returned immediately as unavailable. I have spoken to several members of the your disputed transactions team today and have now been told that because the company is a financial institution, Barclays cannot initiate the claimback system or refund the payments. In addition, yesterday I received a letter from barclays stating that I had exceeded my overdraft and was therefore being charged £16 in charges. I have checked my legal position and have been advised that because I have disputed the payments, Barclays should have stopped and refunded the payments immediately. In fact, I also believe that Barclays should have declined the payments immediately given that the payments were so large. I also understand that according to the Financial Services Authority Guidance for Banking customers, the following applies. Please not my comments are annotated in Bold. "Your bank must refund an unauthorised transaction. Money can only be taken from your account if you have authorised the transaction or your bank can prove you were at fault. I did not authorise the payments Contact your bank immediately if you notice a payment out of your account that you did not authorise. If you are sure that you did not authorise the payment you can claim a refund. I contacted you as soon as I became aware of the problem. 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. Not applicable." Further, it states: "Your bank must 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 conclusively 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." And Finally: "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. The fact that the person taking these payments is a financial body is not an acceptable reponse, and would not pass tests by the regulator 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 that you are liable to pay." In addition I gave a request (attached) to a personal banker at the Bishopsgate Branch, which outlined the fact that I require the CPA for this company deleted from my account immediately. On mentioning this to your Disputed Transactions team, they stated that "it wouldn't make the blindest bit of difference as Barclays could not interfere". I understand that is in direct contravention of Regulation 55 of The Payment Services Regulations 2009: "55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to— (a)the execution of the payment transaction; or . (b)the execution of a series of payment transactions of which that payment transaction forms part. . (2) Such consent— (a)may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and . (b)must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider. . (3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67. (4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part." Accordingly, I therefor instruct you to: Refund the unauthorised payments immediately, pending investigation. Refund/remove the £16 charges. Enact the cancellation of the CPA immediately. I would appreciate it if this could be actioned expeditiously, preferably today. Should you wish to discuss this with me further, please do not hesitate to contact me on 07*********. Yours, Any Thoughts?

OK, I've tried again, and they've said that under the consumer credit act, they are not permitted to get involved.... sounds like bull to me... I'm going to email their complaints department and copy in the CEO... this is beyond a joke!

Thanks renegade, nice to know there's someone on my side... am about to try the disputed transaction team again, am gonna ask for a superviser straight away, would that work? is there any particular legal item I can quote with regards to forcing them to make a chargeback?

Hi dx, Thanks for the link, I've already written to the bank, I handed it to the Personal banker who tried to deal with me and they have date stamped it as received and are forwarding this to the appropriate department. Does the cancellation apply, even though I have an existing relationship with the company involved (i.e debt)? I've tried the disputed transaction team and they have flatly refused to deal with my problem saying that as they are a financial organisation, Barclays cannot interfere.... Any suggestions would be appreciated. Thanks,

You suggested emailing the CEO, i.e marcus agius? Would that achieve a speedy outcome? Should I copy in the FSA? I'm assuming it's now formal complaint time, however I'm concerned that this could take months in something that should be sorted immediately. Thanks for your help

Hi there, Just been to the bank and spoken to the Disputed Transaction team and guess what..... "It's a financial institution, to whom you owe money, we cant claim back..." Also, I was told that the request to terminate the CPA probably would not be honoured... Any other ideas?

Thanks renegade, So this basically means that the fact that Barclays have already honoured the payment, if I cancel it this morning I've got no chance of getting it back? Am considering calling the FSA this morning as well.

Thanks for the link, however, not sure how that is meant to explain how to deal with the CPA front... Have just printed off the copies of my complaints to BCCA for the banks records plus all other contact attempts over the past few days. Am ready for a fight this morning, I can tell you!