Removal service made an illegal charge to my bank account and lost some of my things

[the_grey_squirrel]

I recently moved and had two problems:

- the removers lost some of my belongings.

- I had paid the full costs before the removal but the removers made an unauthorized charge to my bank account on the day of the move to pay for extra staff. This happened even though I told them I would not pay this charge.

 

Can anyone who has been in a similar situation advise me?

Can you confirm that the charge to my bank account was illegal since I didn't authorize it?

[raydetinu]

yes check with bank and get it repaid, unauthroised. then put your complaint about lost bits in writting to firm, with description, value, where it was packed and how. and what are they going to do about it, replace, refund value etc. Ask to be put in touch with their insurers as you want to claim, that usualy gets a response.

[the_grey_squirrel]

Thanks, I am definitely contacting the bank first.

 

I'm curious to know how they can justify asking for extra money on the day? Surely it's up to them to have the right manpower for the job?

[the_grey_squirrel]

Well the bank says there is nothing they can do because I gave my account details to the company, thereby authorizing them to debit my account! Let's hope they don't feel like debiting a grand tomorrow!!

 

The only reason I put it on Maestro and not a credit card is that the removal company charged a substantial extra fee.

[raydetinu]

That is cannot be true, as you say whats to stop them taking another £500 tomorrow. Go back to bank and ask them how you can protect yourself from this fraudulent practice. Scary, how many times has anybody paid for stuff by card over the phone or on line. I have challenged withdrawerals on my card before and got them reinstated.

[legalpickle]

Well the bank says there is nothing they can do because I gave my account details to the company, thereby authorizing them to debit my account! Let's hope they don't feel like debiting a grand tomorrow!!

 

The only reason I put it on Maestro and not a credit card is that the removal company charged a substantial extra fee.

 

 

Complain in writing to the bank saying it was a fraudulent transaction and you demand it being refunded as the company had originally told you there would be no further charges, therefore the fact that they kept your card information was fraudulent. Give them 8 weeks for the 'deadlock' letter or refund.

 

If you don't receive anything within 8 weeks or receive a deadlock or unsatisfactory response, complain to the Financial Ombudsman Service - Financial Ombudsman Service.

 

Regarding the items lost, write a letter to the moving company detailing what they lost and the values, demanding it to be reimbursed, otherwise you will issue proceedings.

 

Send all letters by special delivery, not recorded delivery and keep the receipts.

 

I would say at first sight you made a mistake by not paying for the service on a credit card, as if you had you could claim under s75, CCA 1974 for the loss of your stuff by the company as their 'service' would have been covered by your credit card provider.

[the_grey_squirrel]

raydetinu, I've moved abroad so I suspect they think I'm going to give up because of the inconvenience involved in making a complaint from overseas. I have kept emails exchanged with the company where I specifically stated I did not agree to the extra charge. The move cost around £2500 and now they want to take an extra £200 on top of that!

 

I find this whole business of them being able to withdraw money from my current account very fishy. They certainly didn't have my signature or PIN.

 

legalpickle, you are absolutely right. Basically I'm in the process of paying off a large CC balance so I've avoided using the CCs lately. This is one instance where I should definitely have used a CC. I'll know better in the future.

[the_grey_squirrel]

update:

 

1 - the bank maintain there is nothing they can do.

 

2 - I've submitted an insurance claim for the missing/damaged stuff

 

3 - the movers quoted this in my contract:

"we may change the price or make additional charges if circumstances are found to apply which have not been taken into account when preparing our quotation and confirmed by us in writing. These include:

...cut blurb...

The stairs, lifts or doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration

...cut blurb...

In any such circumstances, adjusted charges may apply and become payable"

 

Basically they won't refund me because they had to take the base off a bookcase and feet off my sofa to get them up the stairs.

 

So depending on how much I get from the insurance, I may be both out of pocket and out of items...

[legalpickle]

update:

 

1 - the bank maintain there is nothing they can do.

 

2 - I've submitted an insurance claim for the missing/damaged stuff

 

3 - the movers quoted this in my contract:

"we may change the price or make additional charges if circumstances are found to apply which have not been taken into account when preparing our quotation and confirmed by us in writing. These include:

...cut blurb...

The stairs, lifts or doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration

...cut blurb...

In any such circumstances, adjusted charges may apply and become payable"

 

Basically they won't refund me because they had to take the base off a bookcase and feet off my sofa to get them up the stairs.

 

So depending on how much I get from the insurance, I may be both out of pocket and out of items...

 

A charge cannot be debited from an account - lawfully - unless there is advance notice of that charge.

 

They basically therefore stole the money from your account. They must send you an invoice explaining what that covers.

 

It is an unreasonable term of contract to charge somebody after the event without agreeing it with them.

 

As this was therefore taken unlawfully out of your account, the bank is obligated to deal with refunding it.

 

£200 is hardly worth it for taking the base of a bookcase and feet off a sofa. If you were in Greater Manchester or London, I could have had those two jobs done for you for £30!

 

I know you're overseas, but I would sue 'em through MCOL using an address of a relative in the UK.

[the_grey_squirrel]

Thanks, legalpickle. Is there a template letter on this site I could use to contact the bank again? I mean like a short paragraph that states it was illegal to debit this money.

[legalpickle]

Thanks, legalpickle. Is there a template letter on this site I could use to contact the bank again? I mean like a short paragraph that states it was illegal to debit this money.

 

Not that I'm aware of. If you draft something I'm happy to proof it for you.