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Uncle Buck - Took Money From My Account!


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Hi Guys,

 

I've got into a right mess with loans/payday loans...I know i've been stupid, but i've learned my lesson now! I won't touch them again. I probably owe about £2000 to the various ones, but over the last year have paid many times this amount in their extortionate interest payments!

 

I knew I had to get out of this mess, it was getting worse each month so I cancelled my debit card, got a new one (so they couldn't take sneaky card payments) and sent letters to them all explaining I couldn't afford to repay. I offered payments of £30 a month to each of them, which I would increase to £100 a month in a few months once my partner is back to work (he's off sick just now).

 

I cancelled all direct debits on online banking, and everything was fine until yesterday. I came home from work at about 6pm, checked my bank and the balance was £0 with 3 direct debits been taken out from Uncle Buck. I checked in my "Direct Debit" section and sure enough there was a direct debit for uncle buck there - but it wasn't there the previous night as I had double checked i'd checked all my direct debits were cancelled. I took this loan out way back in 2008 so why have they waited until now to register it? Do you think they just registered it before they took money so I couldn't cancel it?

 

Anyway, uncle buck was closed so I phoned the bank and asked them not to pay it. They said it was too late (it was 6pm, but if i'd phoned before 3pm they could have not paid it). They said they would dispute it and reclaim the money from uncle buck which can take 5 days. Not great, but at least it's better than nothing! :)

 

When I phoned uncle buck this morning they were pretty...well...rude! They said they were within their rights to take the money as I'd signed a direct debit mandate. I told them i'd written to them last month - they said I couldn't prove that so they won't even have to pay the money back to the bank!!! :mad: I challenged them on the 3x direct debit - I said I only signed one direct debit mandate form, not 3, so you can't take 3 payments out right after each other. She just didn't seem to care and said the matter is closed, they have recovered their money.

 

I don't know where to go from here...I really need that money back, my rent is due today, which is now going to be unpaid as Uncle Buck have taken the money!

 

Any help would be great guys! :)

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Hi Cookie

 

Sorry to hear what they have done to you. From what I have seen virtually impossible to get your money back and your bank are probably your only chance. Tell bank you have not authorised this direct debit.I would also complain to the OFT.

 

Going forwards I would be careful in making arrangements and definately pay by standing order. There is a very strong argument for a new bank account as these companies have been known to take payments on cancelled cards. They are capable of doing this even if they have agreed a plan with you. As you have seen they will also set up direct debits at will.

 

If you retain your existing account you will need to be extra vigilant, especially when you have substantial funds (salary) etc going in.

 

keep posting if you need help with the other individual companies as a few on here with plenty of dealings.

 

The general rule is that when they have your money it is nearly always too late!!

 

Best of luck.

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Hi Cookie

 

Sorry to hear what they have done to you. From what I have seen virtually impossible to get your money back and your bank are probably your only chance. Tell bank you have not authorised this direct debit.I would also complain to the OFT.

 

Going forwards I would be careful in making arrangements and definately pay by standing order. There is a very strong argument for a new bank account as these companies have been known to take payments on cancelled cards. They are capable of doing this even if they have agreed a plan with you. As you have seen they will also set up direct debits at will.

 

If you retain your existing account you will need to be extra vigilant, especially when you have substantial funds (salary) etc going in.

 

keep posting if you need help with the other individual companies as a few on here with plenty of dealings.

 

The general rule is that when they have your money it is nearly always too late!!

 

Best of luck.

 

 

 

I just checked my bank account earlier and luckily the full amount has been credited as an "interbranch payment" via my bank.

 

Nothing to do with Uncle Buck - they said they weren't going to refund the money...blah blah.

 

Luckily, my bank has done something to get the money back!

 

Thanks for your advice! :)

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Hello Cookie Muffin and welcome,

 

We have a lot in common both in terms of over exposure to these cowboys and Uncle Buck! What follows based on shared experience and may or may not be helpful for your particular position:

 

First thing and most important is try and come to some arrangement with your landlord. Explain that your account has been subject to fraudulent third party access (Uncle Buck and maybe others will say it is not but they are wrong - if you have revoked authority to access the account, informed them of this and have a record of your attempts to enter into a payment arrangement then it is fraud! :eek:). Depends on your relationship with the landlord to date they may be able to accept reduced rent or payment of the arrears over perhaps three months. I realise neither ideal but obviously needs to be priority as it is the roof over your head.

 

Next, do not apologise for being where you are in terms of exposure to these firms. I did this for ages but CCCS and other advice I have recieved quite rightly got me thinking okay past mistakes are past mistakes - however you got here it is done. The trick is (and not easy, I have moment where I drift back to beating myself up) to focus on the fact you have had your lightbulb moment, are determined to sort it out and as long as you keep records of all your attempts to do this if any of them were ever brave enough to end up in court (which from what I can see here has never been the case) they will likely get told to accept less than you originally offered!

 

 

Specifically Uncle Buck - they are up there with the worst of them! Speaking on the phone is not going to work, as you have seen they are at best rude (and worst outright threatening). Your approach will depend on what is best for you but as I understand your post they have already helped themselves to what they believed they were contractually entitled to. I would:

  1. check their "contract" and work out what the maximum repayment would have been to discharge it. Have they actually taken the correct amount? (I have secured a settlement with another of these firms for less than what I originally borrowed because they were a bit over eager with accessing my account without authority)
  2. If you have records of cancelling the direct debit with both the bank and more crucially Uncle Buck (in good time before it was due) then complain to the bank they have paid out on an authority that was appropriately cancelled. You may get some guff from them about continuous authority but if you cancelled in good time and have the record they should allow you to dispute with them (the bank) and possible refund you (again a bit bank specific - I have had success with this once)
  3. Communicate with Uncle buck via email (either their info address or if you want specific names pm me) advising them that you will be complaining to relevant regulatory authorities and that you do not consider the matter closed simply because they have fraudulently accessed the funds they say they have contractual entitlement to.
  4. Get prepared for a bit of fight - this is not easy but with the support of the good people here and your determination you can hold them to account

Hope some of this helps - best of luck, keep us posted :)

MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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Agree with robjam entirely - good result but keep a close eye, they will try again! (still presenting cheques on my acount and we are nearly three weeks on from initial dispute!) :mad:

MJC 007.5 :cool:

 

Advice or opinions offered by mjc 007.5 are personal, offered in good faith and without prejudice or liability. Your decisions and actions are your own and should you be in any doubt then please seek the opinion of a fully qualified and insured professional

 

:) If you think I have helped you please feel free to click on my scales :)

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