PayDay UK (MEM Finance)...Worried Sick!!!!!

[katpuss]

Hi,

 

I took out a payday loan with the above company a few years, back, defaulted on it and it was transferred to 1st Credit.

 

I moved address, married, changed my name but due to all the debts that I had at that time I forgot about the debt.

 

Payday UK/MEM contacted me this week and asked me to pay a £15 token payment on the account and then to set up a payment arrangement with them.

 

I was happy to do this and paid the £15 with my debit card.

 

I am now worried that they will try to debit my card for the remainign £135 debt without my authorisation.

 

I really need some help and advice

 

Thanks

Katpuss

[robjam1969]

Hi Katpuss

 

They wouldn't think twice. I would 'lose' card and get replacement then get their bank details and set up standing order to repay. Money can sometimes be taken from cancelled cards and not easy to stop this without getting new bank account. Also avoid direct debits as they can set these up to take what they like.

 

Sorry I can't reassure you but unless you stop the card you will be at their mercy.

[butterflykat87]

Ive had another payday loan company do this to me before and they took my whole paycheque out. loose ure card and quick! they will do it! Sorry i couldnt be more re-assuring but thats why they ask for the £15 token payment in my opinion....leaches the lot of them!

[cluttermoney]

Surely if a company or individual takes a card payment without your authorisation that is illegal and you can ask your bank to perform a charge back ?

[Ellie May]

Surely if a company or individual takes a card payment without your authorisation that is illegal and you can ask your bank to perform a charge back ?

 

Unfortunately not. Once you give someone your card details they have what I think the banks refer to as 'continuius payment authorisation' which basically means that they can take whatever they like whenever they like. Crazy I know but true (I have argued this point with banks more times than I care to remember) once the arrangement is in place it is up to you to prove that you have cancelled it.

 

So the best thing to do is send the company in question a letter / email immediately expressly revoking any authorisation to use the card with immediate effect. Also advise them that you have sent a copy of this email / letter to your bank so that anything they take will be fraud. Then keep a copy of th letter / email to recalim anything they do take.

 

Having learnt from previous, very bitter experience NEVER give your debit card details to anyone. If you must give card details make sure its a credit card as you then have charge back rights.

 

Hope that helps.

[robjam1969]

Some good advice here but still worth cancelling that card. Not 100% effective but does offer you some protection. Some banks better than others for making sure rogue payments don't go through.

[Ellie May]

Some good advice here but still worth cancelling that card. Not 100% effective but does offer you some protection. Some banks better than others for making sure rogue payments don't go through.

 

Sorry I should have made that more clear - the above is intended to be done AFTER you have cancelled the card. Robjam1969 is quite right the card should be cancelled as a matter of priorty, the rest is your damage limitation plan.

[Sammythebest]

Unfortunately not. Once you give someone your card details they have what I think the banks refer to as 'continuius payment authorisation' which basically means that they can take whatever they like whenever they like. Crazy I know but true (I have argued this point with banks more times than I care to remember) once the arrangement is in place it is up to you to prove that you have cancelled it.

 

So the best thing to do is send the company in question a letter / email immediately expressly revoking any authorisation to use the card with immediate effect. Also advise them that you have sent a copy of this email / letter to your bank so that anything they take will be fraud. Then keep a copy of th letter / email to recalim anything they do take.

 

Having learnt from previous, very bitter experience NEVER give your debit card details to anyone. If you must give card details make sure its a credit card as you then have charge back rights.

 

Hope that helps.

 

Sorry Ellie but this is not correct. There are strict guildlines where taking card payments are concerned. Under the Data Protection act the company is not allowed to hang on to them, so another payment would be in breach of the DP act. You are thinking of things like subscriptions on the internet that are monthly that are difficult to cancel. It is safe to use your cards.

[robjam1969]

Sammy

 

I have to disagree. Technically you may be right but these companies continue to take payments in this way and the banks let them. Halifax told me they certain companies could force payments through on cancelled cards let alone current ones.

 

Very difficult to argue with these people. I prefer to make sure money stays in my account - a much stronger bargaining position.

 

Occasionally you can get them to refund from what I have seen.

[Sammythebest]

Sammy

 

I have to disagree. Technically you may be right but these companies continue to take payments in this way and the banks let them. Halifax told me they certain companies could force payments through on cancelled cards let alone current ones.

 

Very difficult to argue with these people. I prefer to make sure money stays in my account - a much stronger bargaining position.

 

Occasionally you can get them to refund from what I have seen.

 

When card details are taken they the softwear that takes the payments t does not retain the numbers in the system. Unless you write them down while you take them you cannot use them again. To write them down is against the Data Protection act . If companies are doing this it is illegal.

My view of financial insitutions is dim at the moment, and if this is happening it is extremley serious.

 

I have heard of direct debits being taken for more than the amount agreed, this can be rectified by a complaint to BACS.If you agree to a subscription over a period on a credit card it can be very difficult to stop the money going out , banks cant stop it, and it is hard to find the source. I would advise anybody never to do that.

 

But on the intial point, it is totally illegal under the data protection act.It is theft ..go to the police.

[sillygirl1]

Sorry Sammythebest but sadly the banks are on the 'side' of these loan sharks. I've had the same experience, and the evil people take small amounts out 'just to see' if you have money on other days as well.

[postggj]

Cancell That Card

Now

 

They Will Keep Calling A Figure Untill They Get A Hit And Empty Your Account

 

The Banks Will Not Want To Know

 

They Use A Thing Called A continiouse Credit Mandate

Thats The Firs 12 Didgits On Your Card, Even If You Cancell The Card, Payments Can Still Be Forced Through

 

Tell The Bank To Put a Stop On The Card When You Request A New One

 

Say You Lost The Card And You Want A stop Put On The Card

 

been There, Done That, Got The T Shirt And Bank Charges

[katpuss]

UPDATE

I called back MEM on Friday last week to basically check a few details and to ask some questions.

 

Surprisingly I was put through to the same guy I spoke to when I paid the £15 token payment. He was really helpful and explained that as I actually owed £115 my £50 per month for 2 months and then £15 for the last month payment proposal would be absolutely fine.

 

I am more than happy to pay this just to get rid of the debt to be honest and luckily I am now in a position to afford this.

 

I did ask him also if my debit card details remained on file for them to take money if they wanted to and he explained that because the account was 4 years old and no longer had a valid credit agreement my debit card detials could not be used and would not stay on the system.

 

He was friendly, helpful and I was happy and am no longer worried.

[Ellie May]

Sorry Ellie but this is not correct. There are strict guildlines where taking card payments are concerned. Under the Data Protection act the company is not allowed to hang on to them, so another payment would be in breach of the DP act. You are thinking of things like subscriptions on the internet that are monthly that are difficult to cancel. It is safe to use your cards.

 

I am sure that you are correct sammythebest, as this would indeed make logical sense and this is the argument I have used with the banks in the past. However as others have stated this is not what happens in practice and the banks allow this to happen. I had to threaten mine with court action on this very matter.

 

The moral of the tale I am afraid must therefore remain, don't give debit card details to anyone.

[katpuss]

UPDATE

 

I've spoke to the CCCS about this company and they have advised me to dispute the debt and to request a copy of the credit agreement which I am going to do.

 

However the company are now calling me today (to get payment) and I've just received my 5th call. From how I see this is that as they are calling me to get payment they obviously cannot use my debit card to take any payments.

 

When I spoke to the guy at the company he advised me that as the debt was so old that card details could not be saved against the debt, hence why they keep calling.

 

What do you all think?

[robjam1969]

Hi Katpuss

 

Looks like you have two options. You can follow CCCS advice, get everything in writing and refuse to talk to them. Alternatively you can keep to your repayment arrangement but ensure you only agree to pay by standing order.

 

Difficult to say without knowing a little more about how much you owe them, any interest thats been added or any charges applied.

 

If you are in for the long haul unlikely they will want to go to court. At least you are in control now:)

[katpuss]

Hi Katpuss

 

Looks like you have two options. You can follow CCCS advice, get everything in writing and refuse to talk to them. Alternatively you can keep to your repayment arrangement but ensure you only agree to pay by standing order.

 

Difficult to say without knowing a little more about how much you owe them, any interest thats been added or any charges applied.

 

If you are in for the long haul unlikely they will want to go to court. At least you are in control now:)

 

I owe £115 (was £130 but paid £15 a few weeks back).

 

I think I might try the standing order option so I can control what I pay them which is much safer.

 

It's quite funny that they don't have my debit card details and that they are constantly calling me to get payment!

[Ellie May]

Grrrrrrr already typed this once then my server crashed. Bugger, here we go again then.

 

Don't take the telephone call. Email the company / write to them saying 'all future correspondence in writing please, DO NOT CALL ME'. If they persist in calling (they will) email them back saying you have asked them to stop calling, they have ignored your request and this is therefore willful harrassment. CC the financial ombudsman & the OFT into the second email. This will stop them.

 

You must be very firm about the everything in writing stipulation as a) it will stop the 700 calls a day and b) it means you have a record of everything should you ever need it as evidence (which I feel is extremely unlikely).

 

You have every right to request written confirmation of the agreement / details of the account, etc and they HAVE to provide you with it. If not you simply don't pay them.

 

So I would simply do the above, sit back and see what paperwork arrives and take it from there.