Unauthorised debits from a Card Credit card by foreign company

[10110001]

How to I get £47 back from a French company (merchant) who made a debit from my credit card? (MasterCard)

I used to subscribe to this company until I cancelled the direct debt with them in writing to their French postal address. They do not have an English one.

I also wrote to my card issuer telling them of this cancellation. When a further debit ewas made I asked for a refund but they say it is outside the operation of the Consumer credit Act because it’s less than £100.

I cannot use the small claims track because the defendant is outside the UK.

More importantly, the card issuer also says they cannot prevent further debits being charged to my card by this merchant.

Whats the position on this?

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[10110001]

What were the services you purchased from this company?

I made this post for somebody else and we are digressing.

The service the subscription of £47 a month related to is a d.at.ing site

You said you paid them by direct debit, so they must have a UK bank to initiate and process those debits - however, how did they get your MasterCard number,did you give this to them also?

Being as non UK company they cannot collect Direct Debits as they do not have an originators code. the debits were made to a credit card and they obtained the card number online when the client signed up. Credit card direct debits are not covered under Direct Debit Guarantee.

The bank is right that you've no Section 75 protection, however the problem here is (I assume) they took the money where none was owed?

Correct

A thought - when you say Direct Debit, so you really mean a 'Continuous Card Debit' so that they always took payment from MasterCard?

Yes. and no theres no means of stopping future direct debits.

[10110001]

You can terminate the Credit Card Agreement or request your card be cancelled (Possibly lost or mislaid) and request a new one.

The new card will have a different number than your existing card.

It means they'll lose their credit card.

As with a previous case with Egg.com when they received a direct debit from a merchant for the cancelled card, egg.com just opened a new account with a new card number without telling him and sent a statement with a debit balance.

The account holder just disputed it and when the debt colector called he continued to dispute it and it screwed his credit rating.

[10110001]

The matter has been resolved long ago.

An appeal to the House of Lords (2 - 3 October 2007) confirmed that the use of credit cards overseas is covered by the CCA74.

The refund was made against the will of the card issuer, apparently VISA, and against the Will of the merchant. I was given costs even though Small claims don't normally award them.

The Court ruled that I incurred financial losses that I would not have otherwise incurred if the Card Issuer, VISA and the merchant had cooperated. I was awarded Judgment in October 2007.