H&T and Visa debitcard chargeback

[la2006]

This may help someone:

I have no idea if other banks will do this the same as Lloyds tsb.

 

I had a small debt with H&T payday loan of less than 200 (with charges). The terms and conditions have no terms saying they can do what they did( that is retain any card details used to make payments) (outline below)

 

In mid August 2009, I called to make a token payment for £5.00 with my new debit card from a different bank account, I also stated I was on Jobseekers allowance, this was all I could afford to each creditor, this was agreed and a transaction for £5.00 was completed over the phone.

 

A few weeks later, they retained my debit card details without my permission or knowledge and did two transactions for the entire debt - leaving me with no money for basics food/ bills/ other creditors. I did not authorise the company to take any other transactions from the debit card.

 

What I did...

I phoned H&T to complain, (stating they had carried out unauthorised transactions), sent my formal complaint to them and also a copy to FOS (theres is part 2 and part 3 to my complaints, not just regarding this). I then wrote a letter to Lloyds TSB - formally requesting a Visa debit card chargeback on both unauthorised transactions, and a week later all the money is back in my account.

 

What I'm going to do now....

Payment plan in writing to set up standing order, which H&T must agreed to in writing, even though this will be my third attempt - they don't usually reply to my letters.

Edited October 13, 2009 by la2006

[Guest Old_andrew2018]

good luck

[la2006]

Lloyd's sent me a copy of everything that H&T has passed to their bank

 

Include was a second page of conditions. I'm sure this was meant to be 'just sign to confirm all the personal information given on the top half of the page is correct" - didn't pay much attention to these conditions and was not given a copy of this. This is the first time reading this more closely.

The only page they gave me was the customer copy of 'credit agreement' I thought was the whole terms and conditions.

 

 

Power of Attorney ACT 1971:

 

For the purpose of enabling H&T to recover payment of the Secured Sums, the Customer hereby by way of security irrevocably in accordance with Section 4 of the Power of Attorney Act 1971:

 

(I scanned this part. ...)

 

a)appoints H&T as his or her agent and attorney in his or her name or otherwise to execute such documents and take such steps to secure or recover such payment as H&T may think appropriate: and

 

b) authorises and request H&T to pay any cheque presented to the customer into any bank account mainted and nominate by H&T; and

 

c) authorise h&t to share information the Customer had provided on this form, or in any other manner, with its subsidiary companies and other organisation with whom it transacts business;

 

d) authorises h&t to collect by direct debit, electronic or other means any monies owed under this agreement from any bank or credit card account of with the customer has supplied details to H&T and

 

e) agree to ratify everything which H&T does or purports to do, sign, execute, deliver or complete in accordance with this Power Of Attorney.

 

b) authorises and requests H&T to pay an Cheque presented to the Customer into any bank account maintained and nominated by H&T; and

 

Is this valid, when someone makes a token payment with another card which wasn't originally supplied, H&T can retain these details and use them at the pleasure given the circumstances of the debtor ( unemployment, making token payments to each creditor)

 

Also would the unfair terms in consumer contract apply, term that is deemed is unfair is unenforceable. I'm not a legal person the conditions was signed over 12 months ago - is the power of attroney still valid:confused: . I read that in order to have a lasting power of attroney it has to be registered on the Office of the Public Guardian.

 

http://www.opsi.gov.uk/acts/acts1971/pdf/ukpga_19710027_en.pdf

 

This is Section 4 of the Power of Attorney ACT 1971

 

(

4) Where the interest of a purchaser depends on whether a

transaction between the donee of a power of attorney and another

person was valid by virtue of subsection (2) of this section, it

shall be conclusively presumed in favour of the purchaser that

that person did not at the material time know of the revocation

of the power if-

(a) the transaction between that person and the donee was

completed within twelve months of the date on which

the power came into operation ; or

(b) that person makes a statutory declaration, before or

within three months after the completion of the purchase,

that he did not at the material time know of the

revocation of the power.

 

H &T second page of terms.doc

Edited November 22, 2009 by la2006

[eckaslike]

Seems not all banks are the same la2006. Natwest have informed me that that if you owe a company money and they have your debit card details for whatever reason and from whatever date that they may use those details to obtain payment and that there is nothing the bank can legally do as far as chargeback is concerned. They did however say that the practice is frowned upon and that I should complain to the ombudsman, the FSA and trading standards. I woke up this morning to find H&T and taken £5 to test the account then a furher £371. The bad news is that debit card payments are guaranteed so the bank will honour the payment and make you go overdrawn, thus you also incur charges. Best thing to do in this case is cancel your card and ask for a new one to be issued.

 

I'll be calling H&T when they open later today and asking them to refund the money or at least half of it so I am not overdrawn, the threat of a complaint to the FSA and Ombusdman usually has a bit of persuasion as so much as receiving a complaint whether upheld or not will cost H&T £500 for each complaint received.

[la2006]

This happened quite a number of years ago, and from what I remember Lloyds did refund my money as a charge back, and H&T did nothing to dispute the charge back.

[renegadeimp]

Natwest debit card transactions are not guaranteed at all. I've no clue why you were told that.