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  1. Hi all, so this is an interesting one, I joined a gym.. locally.. online.. they had a separate finance firm ‘Debit Finance Collections’’, and it’s a local trust gym.. to cut a long story short, just after joining I went on a course at work and was out of the area for a while and pretty busy, when I got back I realised I just wouldn’t have time to use the gym and to be honest there’s one closer to my work which is better placed.. I called up DFC (bearing in mind I haven’t set foot in the gym, picked up my card, had a letter.. nothing..) and that was when I was told, as I was two days over my cooling off period, I’d have to pay the full £450+ cancellation charge... I did try and reason but no dice.. I then contacted the gym as they do have the power to allow you to cancel early.. aaand again ‘sorry sir but our terms state that outside the cooling off period you owe the full years fees’.. now, as I’ve never been picked the card up, been in there or actually had any service at this point, I’m tempted to cancel the DD, speak to the finance company and say it had been set up fraudulently / mistakenly by someone else.. and deal with it like that.. or is there a better and more legal option? I don’t want to affect my credit rating or have DCA’s chasing me so any advice would be appreciated.. my contact with Debit Finance Collections has only been a quick call where they told me I couldn’t cancel.. below is the terms from my one email confirmation, thanks in advance!: “email Terms & Conditions Definitions: Service Provider = "we", "us" or "our"; Customer = "you"; Debit Finance Collections Plc = "DFC" Terms of your Contract PERIOD OF COMMITMENT -You are agreeing to subscribe monthly for the services provided by the Service Provider and contracting to remain a subscriber for the minimum period of the contract ("Minimum Period"). -Once you have completed the minimum number of Direct Debit payments we will automatically continue to collect the agreed Direct Debit payment amount on the frequency chosen at the time of setting up the Direct Debit Instruction. Your contract will continue until terminated in accordance with these provisions. -You may cancel the automatic renewal of this contract at any time by providing at least 1 Months notice in writing or by e-mail ([email protected]) to the Service Provider or to DFC. COOLING OFF PERIOD -This contract commences once you have indicated your acceptance in the Declaration section of this contract. You have 14 full days after signup to cancel this contract for any reason. To exercise this right, you must inform us of this by post, email or telephone using the details provided. Alternatively, you can notify DFC in writing or by email to [email protected].. If you exercise this right to cancel, we will reimburse you all joining and subscription fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel, then we will reduce your subscription fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested. -Your subscription starts immediately. -You will be entitled to all the rights and privileges extended to you for the type of subscription chosen. TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL -During the Minimum Period you may cancel the contract only: 1. If we fail to maintain the standard of service you would reasonably expect. 2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services. 3. If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so. * 4. If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place. * 5. If you lose your employment and are subsequently unable to keep up your repayments under this contract. You must produce documentary evidence and we may, at our discretion, suspend your payments for two months. We will then review your financial situation with you. * 6. If you become pregnant. You must produce documentary evidence and we may, at our discretion, suspend payments for three months. We will then review your situation with you. * PLEASE NOTE: points 3-6 require documentation, this can only be accepted from the date of receipt. TERMINATION PAYMENT FOR EARLY CANCELLATION -If you cancel your subscription during the Minimum Period, other than in the circumstances set out above, we shall be entitled to a termination payment ("Termination Payment"). -The Termination Payment will be the total of: 1. Any arrears; 2. Any accumulated late payment charges that have been or will be incurred; and 3. The monthly subscriptions that would otherwise have fallen due before the end of the Minimum Period. -You will be given credit for early payment, and this will be in the form of a discount applied against the total that you have to pay. For details of how the discount is calculated, please contact DFC. MISSING PAYMENTS -If you miss two payments, you will be deemed to have breached your contract. GIVING NOTICE TO CANCEL -DFC will continue to collect your monthly subscription after the Minimum Period. Should you not wish to continue subscribing after the Minimum Period, you must give notice to cancel the contract at least 1 calendar month before the final payment of the minimum period. If you wish to cancel the contract at any time after the Minimum Period, you must give at least 1 calendar months notice. The notice should be in writing or by e-mail ([email protected]) and sent to the Service Provider or DFC. COLLECTING YOUR MONTHLY SUBSCRIPTIONS -DFC is our agent for the collection of your monthly subscriptions. DFC will collect your subscription monthly in advance on our behalf by Direct Debit. -If you fail to make a payment on time, you will incur the following charges: 1. Fail to pay the subscription on the due date £15.00. 2. Fail to pay the missed subscription within 7 days of the date of a reminder correspondence £30.00. 3. Fail to pay the arrears and accrued charges within 7 days of the date of a Final Notice £45.00. - Late payment charges become payable immediately when they are incurred. -Other Charges include: 1. Payment other than by Direct Debit £5.00. 2. Any cheque returned unpaid by your bank £10.00. -DFC is also our agent for serving notice and collecting any Termination Payment which becomes due. Any notice served on you in accordance with the terms of this contract, will be deemed to have been delivered to you the next day after it is despatched by us, or our agent. -If you would like to make a complaint with the service you have received from DFC, this should be in writing or by e-mail to ([email protected]). You may also request a copy of our complaints handling policy. If you fail to pay any amount due under this agreement for a period of more than 30 days, then we may pass the debt to a third party company for collection. The costs incurred in employing the third party company will be borne by you including the costs in tracing you should you have changed address without telling us. PRIVACY AND DATA PROTECTION We take great care to ensure that any information we hold about you is kept safe and secure. This section explains how and why the Service Provider and DFC use your personal information. The Service Provider and DFC need to collect and process personal information in order to be able to provide you with the services. The personal information required includes: - your personal details (such as your name, address, date of birth, telephone number and email) - financial information (such as bank account details) - medical information (which is provided to the Service Provider) - ethnicity (which is provided to the Service Provider, but which is completely optional) Your details and financial information DFC requires this information in order to collect and process payments. It will also use the information for related purposes, e.g. keeping records of financial transactions for a number of years (as required by law and the Direct Debit Indemnity) or to pursue unpaid debts. DFC may anonymise and aggregate data (so that it no longer identifies you) and then use it for analysis and reporting purposes. Some of the information DFC collects and processes will also be shared with the Service Provider (e.g. details of a missed payment) Medical information In order to take out a subscription the Service Provider needs to know a bit about your health and any conditions or injuries you suffer from (this is to make sure that you can make use of the services safely and without risking injury). When subscribing via DFC's online portal you will be asked to provide certain sensitive personal data about your medical history. This information is provided on the basis of your consent, and you do not have to provide it. However, if you choose not to then the Service Provider won't be able to provide you with its services (e.g. gym membership). If you do decide to provide this information it will be sent to the Service Provider (DFC will not store or have access to it). You can, of course, withdraw your consent to our using this sensitive personal data whenever you wish. However, by withdrawing your consent you will also be cancelling your contract with the Service Provider (as it will no longer be able to provide you with our services). If this cancellation takes place during the Minimum Period, you will be liable to make a Termination Payment (as set out above). The Service Provider will also be provided with details of your ethnicity (if you choose to provide this information). for its own equality monitoring.. This information is completely optional and there is no need to provide it (and it you can ask for it to be deleted at any time without consequence to you). For further information on how and why the Service Provider and DFC use your personal information, and details of your legal rights (including the right of access) please visit: Removed
  2. Hi I was made redundant last year followed up with a difficult time with depression which I am now over with. I had a good pay off and made regular payments to my direct debits but noticed that I had a letter from one Credit Card saying I was five months in arrears. When I complained they said they had cancelled my direct debit as I had missed a couple of earlier payments. I looked through all the terms and conditions of the card and no where is this process mentioned - I can't find any reference to this or the law surrounding it nor can I find a lawyer who will advise me on this. The only thing I can find about cancelling direct debits is when it's a consumer cancelling it and the direct debit guarantee. They also tell me they wrote to tell me about this earlier last year but I didn't receive the letter - I have a process of scanning every letter I have when I receive it so would not have missed it. What rights do I have - I've exhausted their complaints process and am a bit wary of the Financial Ombudsman. Thanks
  3. Hi All I've received a letter from Monarch, a debit collection agency, stating that they are pursuing me for a debit of £12 (yes £12!!!) on behalf of an old Talk Talk mobile account I had. I haven't used the mobile number or sim for at least three years. The sim came free when I joined TT for one of their broadband, TV and phone packages about 6 years ago. I contacted Talk Talk in December by phone and they said that the monthly charge I was liable for had been introduced from July 2017. Unfortunately they had my old email address and they sent notification to that old email address about the new proposed charge. I did contact TT when I changed my email address but apparently my TT mobile account was a separate account and they weren't notified. If I had known that I was now going to be charged for something I no longer used, I would have asked them to cancel the account. The person on the phone at TT was not very helpful or sympathetic after I explained the situation and only offered me a reduced payment of £9. I don't feel that I should have to pay this amount especially as I haven't been using the mobile account for three years and I'm considering ignoring it as it's such a small amount. Do I have to worry about this debt or does anybody know if they will take any further action via small claims court? Any help or advice will be gratefully received. Many thanks Bachingmad
  4. Hello Consumer Action Group! Having a bit of trouble with what I have found out to be a gym contract. The timeline of events is as follows March 2018: Was given an introductory Jiu Jitsu lesson at Gracie Barra Barnsley. After this I then paid £60 up front and signed a direct debit mandate so they could start one with my bank. They specifically told me this is not a contract and only like one in that fees can go up if I want to go to more advanced classes. August 2018: After attending for 3 months I was unable to continue due to other commitments and the fact that the schedule they advertised on their website was subtly wrong. A few of the times were different namely, Tuesday which is the main day I could attend. Only other times I did attend were due to having a lot of holiday time saved up. After trying to make it work I could not. Plus the gym was too small and one time I was literally thrown out the door and banged my head on the concrete (the level of first aid provided concidering I was bleeding out my head was nothing, just said if you pass out call us.) It just wasn't working on any level. I send an e-mail to the only point of contact listed on the website and tried to call multiple times all of which was ignored and never heard a response. I let another months payment go through and cancelled the direct debit. November 2018: While searching through the junk in my e-mail to find some gracie related stuff I found a direct debit failure notification. I immediately contact the gym to find out what is happening. Seems they have bound me to a 12 month contract. After ignoring my calls for a couple of days I e-mailed them. They will not respond to why they ignored my request to cancel and my calls and will only refer me to their direct debit company by the name DFC. Furthermore when I argue they have mis-sold me this, he runs through the sequence of events that lead to me apparently being fully informed and happily signing this agreement. I then point out that it wasn't even him that sold it to me and he now says he won't disucss it with me and I must talk to DFC. So talking with DFC is where I'm at now. I put a big list of issues to them in writing which they then completely ignored and said that I can either, and I quote, " 1: full contract amount to be paid 2: contract amount to be paid at an agreed amount 3: If you wish to take it further they are happy for this to go ahead. " Some of the issues I put to them are: Ignoring requests for me to cancel the contract or find out the cancellation procedure. Refusing to discuss the service with me. The contract isn't filled in properly and it hasn't been returned despite the fact that at the top of the contract it clearly states that if it is not filled in entirely, it will be returned to me. (Their customer services responded to this by saying it is fine as they only provide one service (in relation to the service description box being blank) and after asking them where it says that on the contract they told me to seek legal advice, then came back and said e-mail us with evidence of the contract, I then e-mailed them this and they responded with above) I never filled in the contract and this was done for me (including my marketing preferences) as the handwriting varies across the document. Why after requesting the contract and them setting a 14 day timescale for this, why did they not do that. When I then said do not contact me again, did they e-mail me anyway with the contract and apologised for not meeting that timescale. Offered to reduce all fees to £15. Then, at the bottom I requested a further cancellation (literally the third time now) if they for any reason believed the contract to be valid, under the 1st right to limited cancellation which it doesn't state I need evidence for (however I listed 7 reasons.) This was also ignored. Now I'm at a point where they say they the above. Total outstanding is £180 + £15 admin fee which they expect at minimum. I sent them an e-mail saying I will pay £195 right now to cancel the whole contract if you tell me today, otherwise I will need to work out a plan. They have not responded and so I can only say I'll have to work out a plan. Sorry for the wall of text but just looking for some advice here as I have no idea how to continue. The CAB says just pay and that is why I sent the above. Any help or advice would be really appreciated as I have never been through something like this. Attached is the contract and ts&cs they sent through TC normal .pdf
  5. what is the best pre paid credit card/debit card you can buy for online shopping for amounts less than £200 so to keep your finances in order and a limit on your online shopping? something you can buy from a newsagent without all the falaffle of appying online, whats good/bad?
  6. I'm doing the cardinal sin and posting this on behalf of a friend who doesn't have access to the Internet from home. My friend has had £200 stolen from their account by debit card and are currently on ESA/PIP due to serious medical issues and mental health conditions. My understanding is the transactions were taken by debit card. The Fraudster attempted a payment of £500 and then £400 and then £200 the formers were declined and the latter was accepted. The card in question has now been cancelled and it was reported as soon as they became aware. Barclays are insisting that an investigation be done before any money is refunded taking at least up to 10 working days. We all know that isn't true per the FCA rules here: https://www.fca.org.uk/consumers/unauthorised-payments-account This is going to cause them serious problems as they need to attend medical appointments and put food on the table etc. They have offered a £35 GOGW payment in the first instance. The question becomes, how does one quote the legislation over the phone to effectively force the bank to behave themselves and issue those 'temporary refunds' until the case is investigated? Whilst I am sure they would be happy to make complaints to the FoS etc.. They need access to their funds and the bank are being deliberately obstructive. They want me to speak to them later today to see if quoting the FCA rules has any effect. But is there anything else you could advise in the second instance. Friend is classed as vulnerable adult with serious mental health issues too.
  7. Good morning HOPE THIS IS THE CORRECT FORUM, i have an issue and need some advice hopefully there some bank account/visa debit card experts here? On friday 13th i went as usual to buy my weekly bus ticket on the First Bus M-tickets app ( i have never had this problem before) but when i clicked checkout i selected my card and instantly the screen came back with "transaction declined", i thought this is strange because i had the money in account ready. I left it half an hour confused to try again but before i did i went to check my banking app to check my balance and low and behold the £20 for the bus ticket had been deducted form my balance. I went to check if my bus ticket had turned up in the app but it hadnt and the history said "transaction declined". I phoned the bus company and was told they have no record of receiving my money and refused to issue my ticket on the grounds it says on their screens "transaction declined" Ok sorry for that i just wanted to make the story clear for guidance. I have checked today (still no bus ticket or money back in my account). I am worried my money has disappeared into thin air, i have debt management plans to pay and i am on benefits so £20 going "missing" is quite a big deal at the moment.... What do i do will the money be returned to me? Is their financial laws that state money must be returned in ??days. Thank you i hope someone can advise this has really stressed me out
  8. On the 13th of Jan 2018, changes came into effect to stop companies adding on fees for people using a card to pay with. I was under the impression that this was now illegal. The other day I went into a Premier Stores franchise and bought a few items, came to less than £7... But when I went to pay, the price had jumped to £7.17... I queried my it had gone up and was told there was a 50p charge for using a card. I pointed out that this was now illegal, but they were adamant they were allowed to do it. I told them under no circumstances was I accepting it and that they'd lost my business... and left. I then left feedback/reviews online to warn others. But what 'exactly' is and isn't allowed now? I read that one of those takeaway delivery apps that used to charge extra for card payments as now simply extended the charge to 'ALL' types of payments, and that's supposedly legal as they're branding it a delivery charge rather than a 'card fee'. If the shop is acting illegally, where do I report it?
  9. I am looking for some advice dealing with the DCA chasing after an alleged debt they say I had with Npower. I paid every month by direct debit and as far as I was concerned all paid off and sent the final meter reading on the day I moved out. I called them few months later and was told what the final bills was £36 and paid off. Now a DCA sending letters, but the company name is Npower Northern which I have never known. My bills had the name Npower and not Npower Northern. Have they changed names? How can there be an outstanding amount when paid by monthly direct debit ? I have read so many posts regarding their incorrect bills. I am going to call them today and send a SAR request and start the process from there. It is so unnecessary that we have to do this as when we pay every month and trust them to send correct bills.
  10. I wonder how many people - outside the weekend - have had DD collected BEFORE the due date and landed them in the overdrawn gang! if so I wonder if any compensation could be claimed from the offenders.
  11. Hi there, First time posting, but in doing a bit of research before I delved into discussing a letter I received from Harlands, there seemed to be a lot of valuable information on this forum, so hoping someone can help with my specific situation. On 31st March I took out a gym membership with Xercise4Less on a monthly rolling contract with the following information in an email confirmation from that date: "You are committing to a single £20.00 admin fee payment and £19.99 per month for a minimum of 1 months. After this minimum term your membership payments will continue on a monthly basis. You have chosen to pay by monthly Direct Debit and we can confirm that the Direct Debit details provided by you are correct." "You have the right to cancel your Direct Debit Instruction at any time simply by writing to your Bank or Building Society, with a copy to us. Please note cancelling your Direct Debit does not absolve you of your Membership contractual obligations." The following dates had direct debits of £19.99 taken out: 02.05.2017 30.05.2017 30.06.2017 31.07.2017 30.08.2017 I since have been taking on more responsibilities within work that mean I am not getting to go to the gym at all, and as such have cancelled my Direct Debit a couple of weeks ago, and thus my membership (or so I thought, as had been the way at previous gyms...) However, yesterday I came home to the following letter: "Dear XXXXX, re: Your membership to Xercise4Less Harlands administer the collection of all payments due under your membership agreement with Xercise 4 Less. Your bank have advised us that your September instalment has been returned unpaid "instruction cancelled". You have therefore been charged a £25.00 administration fee which means you need to pay £44.99 to bring your account up to date. Call HARLANDS HELPLINE - XXXXXXXX immediately so we can collect this by DEBIT / CREDIT card and reinstate your Direct Debit over the telephone. If you wish to pay by another method, you must still phone to discuss your options. If you do not call us by 23 October 17 you will be charged a further £25.00 administration fee. Our telephone lines are open 8:00am to 8:00pm Monday to Friday & 09:00am - 12:00pm on a Saturday. Your sincerely, Harlands" My question then is how to handle this? I do not want to reinstate my DD / gym membership. I do not think they are legally allowed to charge me an 'admin fee' (?!), I do not want them to continue adding more lots of £25 to my 'account', and I'm not sure whether ringing them would be a good idea at all. Any help would be much appreciated!!
  12. Good afternoon. At the end of last month around the August bank holiday weekend (2017) I decided to cancel my direct debit to Fit4Less because of an upcoming medical condition. On the same day I sent a message to my local Fit4Less on their website contact page saying I would no longer be able to attend and so I have cancelled my direct debit. I had no response. on September the 4th i receive a letter from Harlands saying: Dear MR ***, re: Your membership to Fit4Less We are writing with regards to your membership for Fit4Less as we have been advised by your bank that your Direct Debit instruction has been cancelled and as a result we have been unable to collect your monthly installment of £44.99. Due to this payment being missed you have incurred a £20.00 administration charge. We would like to help you keep up to date with your membership payments and we understand this may have been a mistake so would kindly ask you to contact the Harlands Customer Service team on 01444449029* to pay the outstanding balance and reinstate your Direct Debit. Alternatively you have the ability to make a payment and reinstate your Direct Debit using our secure online payment service by following the link and using the details provided bellow. Go to *some url* You will need the following information to hand: - Ref Number -Credit/Debit card details -Arrears to be paid £44.99 Please note you will not be able to access the club until this balance has been cleared. We remind you that under the terms of your membership you need to provide 1 month's notice and therefore need to make another monthly payment. Failure to do so will result in further action so please contact us immediately to resolve and avoid this. If however you are having any problems with your membership or payments please contact the Harlands Customer Service team on 01444449029* or email us at *theire email* and we will be happy to discuss your account. We look forward to hearing from you soon. Telephone lines are open from 9am to 8pm, Monday to Friday and we look forward to receiving your call. Yours sincerely, Harlands " My monthly installments have been on a no contract Direct debit of £24.99. I understand I should have paid his final installment but do I have a leg to stand on if i refuse to pay the admin charge. I am also going to the hospital tomorrow for his condition so I am tempted to ask for a doctors note. Any thoughts? Many thanks!
  13. Hi I pay by monthly instalments for my car tax and I want to change my bank account direct debit details, so yesterday I cancelled the direct debit and will re-tax the vehicle on 1st August. I have now received an email from the DVLA saying I need to re-tax it. The payment for July has been taken out already. I read the gov.uk website (change accounts part) before cancelling the DD, which clearly gives an example: Example You pay by Direct Debit every month, but want to pay from a different account. You cancel the Direct Debit with your bank on 5 June. You can continue driving your vehicle until 30 June. On 1 July, you have to tax the vehicle again using a Direct Debit from another account. I just wanted to check that I'm doing it the right way right? According to the DVLA website I quoted it's all OK and I won't be untaxed. The email has unsettled me! I went to the link in the email to see about taxing it and it says it's still taxed and would be taxed again from 1st July if I continued, which obviously I don't want to do! Anyone else had this experience and can confirm I'm doing it the right way? Thanks.
  14. Not a major issue, but an annoying one. Went into our local Post Office (PO) yesterday (Saturday) which is a small shop run by Husband and wife to post a small parcel. Husband looks after the Postal services, he took the parcel via the Screened off PO section and charged me the £3.40 postal costs. I paid using my contactless debit card which as yet hasn't shown on my statement. My 6yr old grandson who was with me wanted a toy he'd seen for him and his sister I bought them at the separate 'shop counter' where Postmaster's wife works selling papers, sweets, toys etc and she rang up £11.98 on her terminal. Using the same card she asked me to insert the card into her separate machine rather than use contactless and she took the payment, gave me my receipt and off we went. Looking at the receipt later I noticed it said 'Cash withdrawal' and sure enough, when I looked at my on-line statement there was the £11.98 showing as a cash withdrawal which came out instantly as if I'd taken £20 from an ATM. This was the second time they'd done this, the first time I passed it off as a mistake. So, question? Should a Debit card payment be taken as a cash withdrawal in a shop for normal retail goods waiting the 2-3 days like every other transaction for goods paid by card before showing up on the statement or, is there any kind of regulation which prohibits this? Someone once said there was a difference between using contactless and inserting the card, but not sure of the correctness of that or how that reflects on statements, but this 'cash withdrawal' stunt I believe is wrong. Seems to me, this PO is taking advantage of it's PO status to offer cash, but before I say anything I just wanted to know if rules are being broken, be they banking rules, card transaction rules or legally? Thoughts welcome. Thanks
  15. In March/April 2015 I signed up with Flow Energy paying by monthly direct debit. When the fixed rate tariff ended I switched to nPower. Flow energy sent a final bill and I assumed the balance had been taken by direct debit and the account closed. This month I returned to Flow as they had the cheapest tariff for me only to find that later this month I will be making my first payment on the new account, but also £138 which was owing on the earlier account from a year ago. Flow have never contacted me in the intervening year and I was unaware of anything owing. Flow were responsible for collecting anything due and in fact there was a payment made in May, after the final bill leading me to believe that everything had been settled. In an a guide by Uswitch "Regulations from Ofgem ban gas and electricity suppliers from charging customers for energy used more than 12 months previous, if the error in billing is the supplier’s." Perhaps this is not back-billing in the usual sense, but the money demanded is for electricity I used over a year ago and the error in not collecting it was Flow's. If anyone can help, I need advice on whether I should pay.
  16. Hi I'm really interested in this, not because I want to completely avoid debt but because I want to gain some leverage in negotiations over a loan that I'm struggling to pay. At the moment the lender has rejected any attempts I've made to reduce the monthly amount and are now threatening court action. I'll be leaving the UK for Australia soon to rejoin my family so I'm considering this option. Just a question to clarify, I understand that a CCJ is enforceable in the courts in Aus so need to avoid this by being out of jurisdiction. What I don't understand is why, once the debt is sold to an Aus collection firm, they can't start proceedings in Aus to recover the money. Surely if they own the debt, they can legitimately start a court action in Aus for the debt. Do they not just because it's too expensive it is there a legal reason why not? Thanks in advance.
  17. hi, i made a dd indemnity claim on the 13/12/16 the bank are asking for the advance notice letter, i contacted the company concern and they have refused to deal with me. the payments which they took are in error and i believe im entitled to a full and immediate refund of the amount paid from my bank. also i shall give them 30 days to investigate then i want to claim the refund back in court. also im going on breached of their obligations under the banking contract, Banking: Conduct of Business sourcebook (BCOBS),section 150 Schedule 5. what would b my POC be? regards
  18. Hi Guys, Need your advice on this unusual problem. Sorry story is a bit long. I’ll spilt it by bullet point to make it easier to read: 1. 23 Dec 2016 – went to the store made small purchase requested £50 cashback. Was deep in my thoughts. Felt a bit awkward at the end of interaction with cashier who started behaving strangely by completely ignoring me and started chatting with colleague. After packing few purchased items I was waiting patiently not realising what for. Felt as something did not finish - no eye contact from cashier, no thanks / goodbye. I’ve felt a bit strange and waited for much longer that socially acceptable in such situation and then left the store without exchanging a word with cashier. 2. Few day later realised I did not had my cash. As I was not out of the house since visiting store I could not have spent it or lost somewhere. 3. Waited for store to open again and went to speak with manager on 27 Dec 16 to ask them for my cashback and checking CCTV to confirm it was not given. Duty manager said he cannot view CCTV but checked till for that day and there was no extra cash in the till. He also found small receipt with my signature that confirms I’ve received cash. Signature seemed to be mine but I do not remember signing it nor receiving cash. 4. I’ve got my receipt with cashback on it. I am guessing I was asked to sign small slip confirming I was given cash and then was given my store receipt. That triggered me into thinking I got what I needed and made to forget about my cash by cashier starting to completely ignoring me. 5. I’ve spoken to customer services and same manger again who were pointing at each other saying I need to request CCTV footage and pay for it and that only store manager / area manager can view CCTV. 6. 6 Jan 16 spoke to customer services who then spoke to store manager who then checked till records again stating no extra cash was reported on that day. 7. Managed to speak to store manager in person on 6 Jan 16. Did not get much was just fobbed off making it sound it was my fault and I should have checked cash in store and they conducted their investigation. This person was quite elusive did not wanted to talk. Said nothing I can do. Both managers felt a bit arrogant almost as if they were saying good luck with that! If you know what I mean. 8. 6 Jan 16 stated electronic communication with customer services sending all above information via web form. Starting message with I am making formal request for CCTV footage under Data Protection Act 1998 confirming I am happy to pay for it. Providing all relevant details timing till number etc. 9. 18 Jan 17 sent them all above information in registered letter. 10. Did not get any response for around 10 calendar days and called them again to chase up for reply. 11. Received reply on evening of 20 Jan 17 (Friday) stating they passed for investigation to area manager. Provided instructions for requesting CCTV and how payment should be made. Advised that I need to contact police if I felt there was theft. 12. 20 Jan 17 I replied via e-mail and asked to place hold on the footage to ensure it is not overwritten as I’ve read somewhere that their retention period is 30 days. 13. 21 Jan 17 (Saturday) send request for footage as per their instructions. 14. 26 Jan 17 received letter stating request is outside of system storage capacity. 15. Chased them up for finial outcome of area manager investigation knowing what they will say. 16. 16 Feb 2016 Received response stating CCTV has now been overwritten they conducted till review and no extra cash was found. Nothing else they can do and I can contact the police. My view on that is that they ignored my initial request under Data protection act sent to them on 6 Jan 17. Purposely delayed providing instruction for requesting footage and timed it so that I have 0% chances of making it successfully and that it reaches them before 30 days retention period to cover up for their employees. I’ve seem to exhausted my option to get this resolved with the company and looking for advice on taking this further. I feel up to taking them to small court claiming for postage, petrol cost for number of trips inconvenience and original cashback. Just wanted to get your views on chance for success and some help with small court procedures if will be going that way. Thanks for reading!
  19. Hi all, Long story, which I will try to keep short for you! I purchased a Humax Freeview recorder for £199 in Jan 2016 on my debit card. Over time it developed lots of faults, such as random crashes, missed programs, freezing and even not turning on. After researching the product online, I decided to take it for a refund - Lots of similar stories from other users. This was within a year of purchasing it. The girl on the till wouldn't refund to my debit card as the card I used to purchase it had been reported lost/stolen. I was made to take a refund onto a gift card, which I reluctantly accepted, thinking I'd buy another freeview box from them anyway. After reviewing the options, I decided on a £400 TV instead. Bought the TV and the picture quality was awful, with vertical banding (dark black lines) particularly on one side of the screen and generally poor quality image quality when compared to the 10 year old TV it was replacing! I took this TV back and swapped for another of the same - this one also produced a poor quality image, I got in touch with Argos via their live chat feature on their website today. The girl I was chatting to called the store that I got the TV from (FastTrack) originally and she came back saying they would refund £200 cash and £200 to my new debit card as long as I could provide the long card number and expiry date. I printed the chat transcript, called my bank to get these details and took the card number, the transcript and all my receipts into the store for my refund. They denied ever saying this to the girl at the customer service centre and said that they cannot refund to my card without the card, which I explained was impossible as it was reported lost/stolen! They wouldn't do it with a printed bank statement showing the original transaction either. They also said the store has final say on the matter and gave me an 0345 number for head office, which I called tonight only to be told I have to email head office as they were "only customer service, so we don't have the authority to override the store's decision". No phone number for head office apparently?! Has this happened to anyone here and where do I stand? I don't want to keep buying "blind" at Argos and would prefer to take my money elsewhere - somewhere I can actually see the TV in action before purchasing. Thanks very much in advance for any advice you're able to give before I write to Argos Head Office tomorrow Looking at their returns and refunds policy suggests the following can be used as a proof of purchase. All of which I can produce. WHAT COUNTS AS PROOF OF PURCHASE? Any of these: Till/kiosk receipt confirmation email e-receipt your order number If you can’t find one of the above, don’t worry. We should be able to sort everything out if you have: your card/bank statement the email address used to buy your item Hmm. Surely, as I can provide all the above (bar the stolen/lost payment card) proves I am the person who purchased the Freeview box to start with, so why are they not prepared to refund me?
  20. I rent a small space in a privately run market area. Rent is paid by direct debit and is paid weekly. This week the rent was taken twice. I have received an email from the owners acknowledging the mistake and stating the money will be returned to my account but that it could take up to 5 days to show up. My question is, is this a normal time period for waiting for monies to be refunded? I understand that they bank with Barclays. Here is the text of the email sent: Due to an error, an incorrect Direct Debit was applied to your account on 24/01/17. Any money that may have been taken incorrectly from your account will be reimbursed from tomorrow, this may take anything up to 5 working day to be active in your account.
  21. Hi I have a mortgage with BOS I have been in arrears since 2011 and didn't pay at all for a year or so stated payments again in April till July then missed aug and sept then set up new arrangement and paid two In October and one in November the direct debit will be missed on 30th as I don't have enough but it will be in my bank on 5th jan will they retry or is it best to call and explain? My arrears are 9800 Thanks
  22. THOUSANDS of British Gas customers may have had direct debit payments taken twice following an IT glitch. British Gas told The Sun online that less than 1 per cent of customers were affected by the problem. It supplies gas and electricity to over 14million homes, meaning some 140,000 customers could be affected by the fault . A British Gas spokesperson confirmed that a “small proportion” of customers have had direct debit payments twice and that any money taken in error would be refunded. https://www.thesun.co.uk/living/2262624/british-gas-takes-direct-debit-payments-twice-leaving-customers-out-of-pocket/
  23. Long story short. Returned from holiday in Florence in early July booked thru Booking .com to find an unauthorized debit (around £170) on our HSBC statement in favour of Best Western Hotel. Transaction date was prior to our departure from the UK, and we stayed at a B&B, not a hotel. CrCards cancelled & replaced to forestall further unauthorized debits. Immediately queried debit with bank, who magnanimously credited the charge, and will send us a form to complete. Never arrived. Two further enquiries at our local branch, and we were told we'd get it eventually. Nope, never did. Complained to both BWH and Booking.com - twice. No response from BWH, and Booking.com were next to useless. All they did was query the charge with our B&B (Locanda di Mosconi), who had absolutely nothing to do with the unauthorized debit. Now received a letter from HSBC saying that their investigations turned up zip, and the debit will now be re-imposed, along with charges, interest, etc. 'Phoned to complain, and advised to ignore letter, as it was sent prior to completion of their enquiries! Also assured that form will be sent this time. Hmm....... Sorry, but I just don't believe them. Sod's law stipulates that our a/c will be debited in around 2 weeks regardless of what we have been told, then a right royal battle to get it back again. Now seriously considering closing the a/c to forestall re-imposition of the fraudulent charge, which I thought was their baby. If we do that, can they still legitimately pursue us for the fraud? Any advice appreciated, & apologies for the length of the short version.
  24. I am having problems with Virgin Media taking an unauthorised payment from my bank and making me go overdrawn. When I phoned Virgin Media last week, they did not inform me of an outstanding balance for £18.34. Today, I got a letter from my bank informing me that because Virgin Media had attempted to withdraw £18.34 I would be incurring a £10 charge. I did not authorised this payment to be made and I knew nothing about this because I received no notification from Virgin Media. I have sent an email to Virgin's Chief Executive Tom Mockridge complaining of the matter and asking for them to reimburse me the £10 charge I am expecting from my bank. I am on sickness benefits with limited funds. I'm really quite angry with this from Virgin Media, I thought it was against rules to make an unauthorised direct debit transaction.
  25. My branch of Lloyds has decided that they will not issue me a debit card for my account. Can they do that or are they playing to character?
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