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OnTheBeach- Unauthorised card transactions


reka
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I am not sure where best to post this as I am after advice on where i stande in regards to a holiday company taking unauthorised transactions from my account.

 

I will try and keep it as simple as posible. Basically a holiday was booked for 4 people in Oct 08 to go away in July 09 and a deposit paid.

 

2 more people were added to the booking in Feb 09. These extra people paid the cost off adding themselves imediately in full in a one off card payment to OTB. So the only money left owing on the account was the money for the original 4 people minus the deposit they paid.

 

The original 4 (lead name) tried several times to make payments, eventually after loads of emails they recieved a letter stating they owed about £600 pounds and were to send a cheque. They agreed that the amount was correct and sent a cheque.

 

However, 2 days after the date on the letter requesting a cheque, they took a payment from the card that was used by the 2 added people.

After speaking to the fraud team at the bank we found out who took the money....OTB.

 

So they took £600 from the card(unauthorised) used by the 2 added people (my card), even though they had just requested a cheque from the lead name on the original booking.

 

I called OTB, they stated that they had taken the money by accident, and they were in reciept of the cheque. They said the money would be refunded on to the card within 5 days.

 

The problem was i was due to fly out the uk for 2 weeks (Different holiday), they assured me that the funds would be paid into my account via the card and they took all the card details again.

 

I am currently still out of the UK and its now 2 weeks after they said the money would be refunded.

 

I recieved an email stating that they did not have the card details to refund the money and to call they, but i am abroad. I checked my bank again to see that now they have just taken a further £1000 from my account! again unauthorised!

 

So they say they do't have the details to refund to my card, yet they have taken the money from my card!again!. The whole holiday has been paid off in full by all parties as they cashed the cheque. Now they have £1600 of my money, and left me buggered whilst on holiday with no funds.

 

I bit the bullet and called them from abroad, i recieved a call from a manager this morning (9am), (the one that said wee would have the £600 refunded almost 2 weeks ago), He said that under the circumstances he would do a transfer straight into my bank account for the £600 and the £1000 immediately.

 

The money has not been paid into my account!

 

What is my best course of action to recover monies they have taken from my card unauthorised. From a card they say they done have details for to refund to then take mkore from it?

 

I want money back now for all the expenses i have incurred, 1 hour phone call from abroad etc, also, the holiday i am currently on has been ruined as a result of my haveing no funds whilst here to do anything as a result.

 

The manager stated that he would do an immediate refund to my bank account, so he could have done that straight away whilst i was in the UK!

 

Fuming does not come close to how i am feeling right now.

 

I am thinking i need to write a letter (recorded) requesting all the money plus expenses plus cost of this holiday (currently on) giving them 20 days.

 

If i get not response, then issue a Letter before Action, before comencing legal action and issuing a N1 claim form.

 

Does anyone have any advice on laws that would cover this? Case law, similar cases etc?

 

Or better still, any help on what to say in the prelim letter and LBA.

 

Please please help, i am way out of my comfort zone on this, gimme a bank to take on for charges anyday!

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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PLEASE! Everybody steer clear of this terrible company. I am gobsmacked the OP didn't mention their highly unethical booking/baggage policy...probably illegal....

 

Anyway, try all routes prior, and then N1 the swines. As far as I'm concerned it will never reach a judges chambers.

 

You don't need case law!

Edited by Thailand
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Everyone said my claim against the Abbey National would not reach court.... but it did. I need to start getting organised in preparation for my court bundle. I like to have all the facts before i start to go into battle!

 

A SAR and CCA will be issued as soon as i get back in the UK.

 

I have informed them of my intention to file a SAR upon return to the UK and that i will be seeking all my money refunded, costs reimbursed and compensation for the holiday i am currently on as i have not been able to do the things i wanted to do whilst on holiday as they have unlawfully cleared out my bank account!

 

They have admitted that they should not have taken the money as the holiday has been pain in full!

Edited by reka
missed a line out..

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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Tbh, I may be missing the point. (I don't know how)

 

The way I see it is that they owe you £1600? I must be missing something!

 

Why are you sending an SAR?

 

Your costs are unrecoverable without Court, save good CS and that would still be tricky imo (and you can forget that with OTB..they are a vermin company)

 

Banks and Court...Abbey..luck of the draw, imo.

 

I think you can resolve this outside of Court, but I sooo understand how it has affected you.

 

You say they have admitted it... I hope they admit it on paper!

 

Did you not get the baggage rubbish?

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YEAH, after paying for a holiday in full, they took £600 from ny bank account via my debit card. They then said they did not have my card details on file and then a few days later they took a further £1000.

 

The reason for the SAR was to find out what information they did have on their system.

 

Under the DPA they are not allowed to keep card details on file if it was used for a single payment and no reoccuring policy was set up and authorised.

 

also, the DPA covers what they are allowwed to do with that information and how it is stored. To take £1600 from my account for no reason and then state they do not have my details on their system is an blatant and outright lie.

 

As a result of them taking £1600 from my bank without authority to do so ruined a holiday i have now come back from as that £1600 was our spending money so we ended up skint in Cyprus.

 

A SAR was served on them yesterday (by hand), along with a prelim request letter requesting the £1600 they removed, also the cost of the holiday we were on (flights, accomodation, transfers etc). As we were not able to have the holiday we should have had if they had not taken the money which was not theirs to take.

 

Low and behold, the £1600 appeared back in my bank today.

 

They have 14 days to reply to my prelim letter described above. Then a LBA will be issued. They don't have a leg to stand on, and as most comunication has been via email, i have records of them stating they dont have card details on file, and proof that after that they removed even more money!

 

I also requested a full copy of there complaints procedure in writing almost 2 weeks ago and have had no reply to that.

 

(as for your questions about baggage, we have not gone on the holiday with OTB yet, the holiday booked with OTB is paid in full and we are due to travel in July. The holiday i have just got back from was booked with Thomas Cook, and it was that holiday that OTB ruined by taking money from my account when no money was owed to them!)

Edited by reka
Clarifying a point

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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Right, I think I'm with you now. :D

 

I think this is quite complicated, claim wise...... but I understand why and good luck, it sucks that these creatures leave people in such situations, say they'll sort it and just toddle off and pour themselves a coffee.

 

Your basically looking at loss of enjoyment...possibly? There is some case law on this (Jarvis Vs Swan Tours) but that was with the actual holiday company booked with. I don't know but maybe a google and quick read may help?

 

I am sure that OTB's intentions were not good. Even so I can't see you recouping the cost of your Thompson holiday. I hope I'm wrong, but you may well get something...just imo.

 

(The baggage thing is just a real bugbare of mine with OTB, and not relevant since it's booked...they complete the transaction and THEN tell you how much your luggage will be!)

 

I don't like OTB, please go get 'em!

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