HBOS Retail Bank Collections

[Spanishfry]

Hi,

Not sure if this is the correct place to post this, but I really could use some help.

 

Quick background information.

 

Paying back my HBOS MasterCard, now in Retail Bank Collections Agency, I have setup a Payment Plan of £250 which should come out on the 20th of every month.

 

Now this payment plan has been in place for 3 months and everything has been fine and dandy. This month I received a call from those people at the Bank Collections and they thanked me for making a double payment. I asked "what double payment", they then said you paid £250 plus a further £150 I informed them that I had not made a further payment of £150. This went on for about 5mins with me saying no I had not.

 

I went to bank got a bank statement and saw that they had taken and extra £150.91 out of my account and left me 1p in my account.

 

I came back up the road and phone them back, I asked them why they had taken the money out of my account, this time they said they had no idea and that they did not know who had taken the money out of my account.

 

I explained to them that I now had no money at all, as in no money to buy food or put petrol into my car, and that in a few days I would be unable to get to my work. The person on the phone said, "we're allowed to take the money" and "nothing I can do about it" Again I explained I had no money to buy food/petrol. Please note this was on Good Friday there, they said they could not put the money that they had taken back into my account due to the holidays and to call back on Tuesday 25th March and that even then it could take 5 days before the £150.92 was back in my account.

 

I said "so that means I'll be 10 days without money to buy food and get petrol to get me to my work" again they said "yes" and nothing they could do about that.

 

Now my question is this, I was on a payment plan with them for £250 per month, I was under the impression and I asked this when I put forward for the payment plan. That they would not take anymore money out of my account other than the £250 that we agreed on.

 

Are they allowed to completely empty a Bank Account and leave the person no money at all, not even to buy the essentials? And especially when that person is on a payment plan with them.

 

One other thing I explained about the phone call where I said about them not taking any more money out of my account now that a payment plan was in place, and the person I spoke to on Friday 21st March there, said "that was just a verbal agreement, it means nothing" Is this true?

 

Any help of advice I will really appreciate guys, I honestly have no idea what to do here, at present I have no money and I am not kidding you on when I say I have no money to buy any food. As the office is closed tomorrow and Monday I have to wait until Tuesday.

 

Thanks for any help or advice that you may offer.

[rory32]

Did they notify you in advance in writing that they would take this extra money?

[Spanishfry]

Hi,

No they did not inform me of anything, they called me the day after they had taken the money from my account. They did not tell me either by phone or letter, no information from them at all.

 

Just a phone call the following day to say, thank you for making a double payment, which I did not ask for.

 

Thank you very much for the very fast response.

[fuzzybobble]

I had simalar thing happen with HFC about 8 years ago.

If the double payment was taken via direct debit, then

go into the bank in person and complain in a firm loud voice,

but not abusive.

If they change the amount of your direct debit they have to give you

advance notice in writing.

They can't take two payments the same month either.

I pointed this out to the staff at HFC and they reluctantly had to hand me back, in cashthe £120 they had taken 2 days before, as the direct

debit reduced payment I had set up was only £30, and they hadn't given me any advance notice in writing they were increasing it.

[sillygirl1]

Get your bank to completely cancel the direct debit to them and change it to a standing order, that way YOU control the money that gets taken, not them, and the money can only go on the DAY it is due, not up to 10 days ahead as in the case of a Direct Debit. Claim the additional payment back from your bank as they had no authority to take this - this can be done under the DD guarantee scheme.

 

If you incurr any bank charges charge the company that took the wrong amount from your account.

[Spanishfry]

Hi,

Thanks for the responses.

 

It wasn't a Direct Debit, this was a standing order I had already setup, they still went into my account and took another payment, it is not shown as a Standing Order payment, it just shows as Cash.

 

They took the Standing Order payment of £250, then proceeded to just go into my bank acount and take everything else I had in there.

 

Again they did not tell me they were doing this and I was on a Payment Plan with them, no letter/phone call from them. They just went in there and cleaned out my bank account after they had taken the Standing Order payment.

 

Thanks

[sillygirl1]

Talk to the bank and explain to them. They should not have any further access to your account (cant anyway now as its closed). Write to the company concernded stasting they have 7 days to return the funds or you will take them to court.