Payday Express took 4 PAyments HELP!! **

[Sipea71]

Hi

 

I rather stupidly took a payday loan with payday express a number of months ago.

I have fallen behind with my payments due to changes at work and got myself in arrears.

 

My bank account has not been used for about 3/4 months and was over drawn, three days ago some money was paid into my account which cleared my overdraft and left me with some money to live on.

 

When trying to pay something over the phone that afternoon I was told my card was declined!

 

I looked at on-line banking as saw 4 debit card transactions £100,£100,£100 and £115 had left my account I promptly reported this to my bank as fraud and my card cancelled.

 

Now the payments have shown up on the account the payments are for Express finance (Bromley)!

 

Can these people take 4 payments in one go?

 

I appreciate I owe them the money however I was not expecting this and they have left me with £4 to live off this month.

 

Any advice anyone can give will be very much appreciated

 

Thanks

[sillygirl1]

They say they 'can' as its in their terms and conditions - I would report them to Trading Standards as there is a drive on now to stop these 'shark' companies draining peoples accounts. I would also see if your bank can't give you another account number to be on the safe side as if this hasn't paid off what you owe they will be back every time some money is paid in. I don't know how they are 'alerted' but its been reported that money goes within 4 minutes of it arriving on a 'delinquent' bank account.

 

I would push your bank to get this money back as you did not authorise them to do so - and write a shirty letter to the company director stating that you are no longer allowing them access to any bank details or your debit/credit card details and any further transactions taken will be reported to the police as fraud.

[Sipea71]

Hi

Thanks for the reply.

 

OMG! do the bank have any obligation to refund the money?

 

I have £4 to last me until end of May!!!

 

My Debit card has been cancelled and a new one issued so they will not be able to take any more payments as I have a new card number.

 

Advice anyone please!

[sillygirl1]

Get the bank to refund these payments pronto, you have reported it as fraud and they should refund it under 'hardship' rules. After all point out to them that if they hadn't taken the charges from your account you wouldn't have had to go to this type of company - and point out to the bank that you are now oblighed to claim back the charges under 'hardship' rules - they might bluff but stand your ground and hopefully when they refund you you can get the money the same day.

[sillygirl1]

Again ask the bank to give you another account as they will try to set up a direct debit and steal money that way - it has been known.

 

I would push the bank hard on this one as they have an obligation to you as a customer to ensure the security of your money and their system has allowed this fraud to take place.

[Sipea71]

Thanks again!

 

Couple of points:

 

Surely they cannot set up a DD without my signature on something??

 

and

 

Is it actually fraud on their part? as you said before the Payday Co. have had my authorisation to take payment when I originally set up the loan???

However wrong it is to take 4 payments at once could they not just turn round and say they have the loan agreement and they are just taking what's theirs?

 

Sorry for asking so many questions I just want to get my facts right before I start shouting at people

[sillygirl1]

The answer to your question is this:

 

A direct debit is usually for a variable payment on a set date - however it can be taken out early and the whole amount claimed in certain circumstances...

 

A standing order is for a fixed amount on a fixed date.

 

Therefore by taking out four sums they have breached the direct debit guarantee scheme which they accepted when you signed your agreement with them - whatever they our the bank might state. You can claim at least three of these sums back now, if not the whole amount, especially as it was NOT the date the direct debit was due to be paid on anyway.

 

Go for it - it is fraud despite their clauses in their terms and conditions - they can only take you to court and their interest rate alone would make this an unenforceable agreement... let alone some of the terms and conditions.

 

It is your bank you need to shout at now, as explained earlier they have caused a breach of trust and they need to remedy this, luckily for them the debits came after they had taken their share otherwise you might still have an overdraft.

 

Tell the bank you want to press charges on the payday company (which if they say you can't tell them the bank is equally liable for the direct debit breach).

 

Try and get hold of the banks head office, sometimes the local managers have very little powers themselves...

[Sipea71]

These were not Direct Debit payments they were Point of sale Debit Card Payments!

 

They used my card details previously supplied when the loan started!

 

Does this change things??

[sillygirl1]

No, it is essentially the same, they had details to take X amount on X date and they have breached this. They were not authorised to take any amount from this card other than the initial amount.

[Sipea71]

Hi

 

After numerous phone calls all day the result:-

 

Express finance terms and conditions 'apparently' say they can collect any outstanding arrears from debit cards ( I am waiting for my copy in the post)

 

However they are refunding £200 to my account today and I have made a payment arrangement to clear the outstanding arrears - I will still be writing a formal letter of complaint copied to the OFT!

 

NatWest completely washed their hands of it saying they could not help as it is not a fraudulent transaction as I basically gave them the right to take the debit card payments by signing their agreement!

 

All is not lost though one positive outcome is during my course of phoning around I made contact with National Debt line who were extremely helpful and are now hopefully going to help me with my current financial problems.

 

I recommend anyone who is having and debt problems to call them today!

 

 

Thank you very much for your help and advice today and I will keep you up to date with this ongoing saga as and when things happen.

 

Simon

[sillygirl1]

Just make sure they refund the money to your bank account and not 'their' account... and doesn't it prove that the banks don't care about their customers, only the 'custom' they bring to them. Any decent bank would have left you the money to live on for the rest of the month.

[PaulW922]

A debit card authority is NOT the same as a direct debit I'm afraid. I honestly don't think you'll get far disputing the card transaction beyond what you have already done. Even if it were a DD should one bounce the company CAN try to take it again a few days later.

[jakecrawley]

I am in a bit of the same situation! I owe Payday Express £600 by next month by no fault of my own. I trusted a so called "mate" to put it into my bank account and he said he would pay me back but he is avvoiding me now!!! Do you think if i cancelled my direct debit with natwest they wouldnt be able to take any money from me? They can send as many threat letters as they want because ill just save money on buying toilet roll and use them threat letters to wipe my arse!

ANY HELP AND ADVICE WOULD BE GREAT THANKS!

 

Jake

[Cait116]

Hi Jake

 

No, they will try every trick in the book to raid your account tbh. You could always have a word with your bank but you would need to keep a close eye on your account. Would it be an inconvenience to open a new bank account? Did you get the payday loan for your mate? If so, could you not have a word and let him know what the consequences are if you don't pay it back?

[jakecrawley]

Well i have signed up for a new bank account with The RBS so once i get that account open im going to cancel my natwest account, i get paid on 28th march, and £100 needs to be in my bank for the loan company to take on friday, so if i dont pay that on friday do you think they will take my wages on monday when the money goes in?? I cant get hold of my mate because the sly b**tard has turned all his phones off n hasnt been on facebook recently.

[donnahaywood]

Open a new bank account. Put a block on the old account so money can't still be taken. Complain to the Financial Ombudsmen about Payday Express.

[jakecrawley]

Okay thanks very much for your help!

[dulwich1980]

Hi Jake - if you don't mind me asking, what account with the RBS have you signed up for? I'm having difficulty opening a new account because of my credit history.

[jakecrawley]

Just a simple current account, i havent mentioned to them that ive had a recent bank account with anyone or any credit cards, maybe you should do the same??

[Cait116]

Gawd with friends like that who needs enemies!

 

So is the £100 a rollover fee that you need to pay this Friday and then still have the £600 to pay next month?

 

You could try cancelling your Direct Debit and reporting your card lost/stolen, at least that will give you a bit of time to do something.

 

Is there another bank account (maybe a trusted family member) that you could transfer your salary into? Have you got online facilities with Natwest? You could always do an immediate transfer.

 

Also, you mentioned signing up for an RBS account. You could try giving them a call and asking when it will be available.

[jakecrawley]

Tell me about it! im fuming with him and when i see him he will know how much ive switched with him lol.

 

The amount should be £500 but i asked for an extension because there is no way i have 500 to give by friday so they add another 100 on so i only have to pay that on friday and 500 next month!

 

when cancelling my account with natwest do you mean report my card lost/stolen to natwest or payday express???

 

Im not getting no family member involved and im only 18 so i think my dad would kick my head off my shoulders lol.

 

my application package for RBS should be here this week sometime!