Can 1st Credit take a debit card payment?

[spudyclur]

Hi all

I (stupidly) took out a small loan in November to cover the cost of repairs to my car, I called the company to explain that due to bank charges I would be a few days late in making the agreed payment. Two days later I received a letter stating I was not to deal with the original company anymore but was with a DCA (1st Credit). I received several demanding letters letters over the next few days and called to make a payment over the phone, I was advised that the payment had already been made. I checked the bank and lo and behold the payment had been taken 3 days before. This was in February. I did think it was a bit weird at the time but assumed hubby had called to make the payment and didn't think about it again. Since then no letters or calls. Yesterday I tried to withdraw some money from the cashpoint to be told insufficient funds so I checked on the internet banking, my balance and my available balance showed a £367.50 difference, I called the bank to be informed that until a transaction showed on system there is nothing I can do about it. It has showed this evening as 1st Credit amount £367.50. No notice or request for the payment. Can they do this?? I have notified the bank to issue new cards for the account so the number they have will not work anymore. After speaking to hubby he didn't call to make the payment so all I can assume is that the original loan company has passed on my debit card details to 1st credit which I am frankly livid about.

Secondly, can I claim this money back through the bank?

Thanks in advance

Claire

[dencha]

If you have not authorised the use of your debit card by this company then this should be reported to the bank and demand that your money be returned to your account.

I am fairly sure they have the power to do this. You may wish to report the matter to your local Trading Standards Office as well.

dencha

[Trojan1401]

Have the loan company not also contravened the Data Protection Act by passing on the debit card/bank account details without permission ?

[spudyclur]

Thanks guys

Bank have agreed to refund the money and contact the company, did have to quote the Data Protection Act before this was agreed though. Now I will only pay these jokers by postal order as they are not having any bank details off me! I shall be writing to Trading Standards also to complain about 1st Credit and the Money Shop who passed the details over.

I have not found any other case of this in any posts so am I the only one this has happened to? I supplied my debit card as proof of ID and they must have taken photocopy of both sides to be able to supply all details required to make the payment. Sneaky sods!

[rory32]

This has happened before to other people. As well as reporting them to Trading Standards you may also wish to report the matter to the police - obtaining money by deception.

[Wabnazm]

Rory's point is a very good one. that sounds like theft to me

[rory32]

Sounds like theft to me too!!

[NailPost]

Unless you have received notification from the original loan company they have sold the debt to Ist Credit you don't need to deal with them at all.

If you going to complain to Trading Standards (and everyone else!) then make sure you report the loan company as well. It seems like they have just handed collection over and as such they are responsible for the actions of their agents.

You should also write to the bank and invoke their complaints procedure. If the original problem was caused by penalty charges they should be made to pay for the difficulties they caused.