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How to remove a lender's continuous payment authority


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This fsa guide has now been updated: http://www.fsa.gov.uk/pubs/consumer_info/know_your_rights_guide.pdf

 

Cancelling a regular

card payment:

 

When you give your credit or debit card

details to a company and authorise

them to take regular payments from

your account, such as for a gym

membership or magazine subscription,

it is known as a ‘recurring transaction’

or ‘continuous payment authority’.

These are often confused with direct

debits, but do not offer the same

guarantee if the amount or date of the

payment changes.

In most cases, regular payments can

be cancelled by telling the company

taking the payments. However, you

have the right to cancel them directly

with your bank or card issuer by telling

it that you have stopped permission for

the payments. Your bank or card issuer

must then stop them – it has no right to

insist that you agree this first with the

company taking the payments.

Be aware, though, that you will still be

responsible for paying any money that

you owe.

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I just thought I would share my experiences from yesterday, after trying to cancel CPA's with Lloyds TSB.

 

I took the information from this thread and called Lloyds main number. Sure enough when I asked the lady on the end that I wished to cancel a number of CPA's she told me they could not do it. Apparently I had to get the company requesting to cancel.

 

I had open on my screen the Payment Services Regulations 2009 and the BBC news article about Lloyds misadvising.

 

I told her that what she was telling me was incorrect, I quoted the legislation and I told her I was reading the BBC article on their refusal to comply with legislation. I insisted that I was passed to her manager.

 

She disappeared and put me on hold and came back sheepishly saying along the lines of "oh apparently there is some new legislation and we can do this, I will pass you to the debit card disputes team".

 

After a wait and eventually a callback I spoke to a lady that knew exactly what I wanted and complied with my request! She did show concern that I might get into trouble with the requesting company but I told her that it was being dealt with another way.

 

I also wrote to the companies involved.

 

She has assured me the money will not be taken and if it is I will be refunded. The note is on my account.

 

So please please do not listen to the general advisers, insist and know your rights. Escalate the enquiry if refused.

 

With Lloyds, the ability to do this is listed here on their website (you will have to google Lloyds Debit card disputes, I can't post links yet).

However, their terms and conditions state you can't. This needs sorting!

 

Hope that helps someone else.

 

Debit card disputes number is 0845 3006699, but be prepared for a long wait....

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"New legislation"? Sure.. if 2009 is "new" :)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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http://www.lloydstsb.com/security/disputed_debit_card_transactions.asp

 

Itismyright - can you please confirm if the link above is the one you refer to ?

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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"New legislation"? Sure.. if 2009 is "new" :)

 

On top of which, they were recently outed in the press for not abiding by the regulations.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Itismyright - can you please confirm if the link above is the one you refer to ?

 

yes thats it. The bit at the bottom about cancelling. Their Terms and conditions say something different!

 

Do you have a transaction on your statement that appears at regular intervals, for example monthly or annually, that you wish to cancel? These could be subscriptions or instalments for things like insurance or membership schemes, or access to services such as AA, Sky or Bupa. They often have a minimum term in the contract which prevents the service from being cancelled before a certain date. If this applies, please refer to the terms and conditions of your agreement with the retailer. If you want to cancel these transactions please call us on 0845 300 6699 and we will help you

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yes thats it. The bit at the bottom about cancelling. Their Terms and conditions say something different!

 

Do you have a transaction on your statement that appears at regular intervals, for example monthly or annually, that you wish to cancel? These could be subscriptions or instalments for things like insurance or membership schemes, or access to services such as AA, Sky or Bupa. They often have a minimum term in the contract which prevents the service from being cancelled before a certain date. If this applies, please refer to the terms and conditions of your agreement with the retailer. If you want to cancel these transactions please call us on 0845 300 6699 and we will help you

 

 

Thank you. :)

 

Yes, that clause in the t&c is definitely contradictory and could probably cause them problems if someone wanted to force the issue.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Another update....

 

At the same time as ringing the debit card dispute team, I mailed my local Lloyds TSB branch requesting the CPA's be cancelled. I just wanted to make doubly sure.

 

However I had two letters from them yesterday saying that they could not do it and had to be done by the lender!

 

This is ridiculous......I wish to complain, is it the FSA I direct the complaint to?

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Ceo of the bank and fsa. The bank is breaking the law, and given the past few weeks with the banks, they seem to think the law does not apply to them. call them back and state the law word by word to them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ceo of the bank and fsa. The bank is breaking the law, and given the past few weeks with the banks, they seem to think the law does not apply to them. call them back and state the law word by word to them.

 

Well I have it all in writing now so I guess I have a good case? Phone calls seem to be very hit and miss depending on who you speak to.

 

It's caused a great deal of flipping stress, not knowing if it will/won't be done. Had to move all my money across elsewhere last night as I had this pang of uncertainty. Payments were due today.

 

Thanks for reply. I will write to the bank first then, including copies of the letters, legislation and FSA guidelines I think. Then the FSA if they fail to respond correctly.

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Complain to the fsa anyway. The banks are doing it to a lot of people.if you say youre just going to wait, the complaint might never be made.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Complain to the fsa anyway. The banks are doing it to a lot of people.if you say youre just going to wait, the complaint might never be made.

 

I just gave the financial ombudsmen a quick ring to check the process.

 

I did this as one of my creditors (a pay day loan) company has just flat refused to cancel the CPA!

 

FO Guy said that that's definately against guidelines and need to first send a recorded delivery letter of complaint to the company and then if not happy with response, pursue with the ombudsmen.

 

In the meantime I guess they can just continue to empty my bank account whenever they want, seeing as the bank couldn't give a hoot either.

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You need to go to a main branch of your bank and refuse to move until you speak to someone who actually knows the law.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I just gave the financial ombudsmen a quick ring to check the process.

 

I did this as one of my creditors (a pay day loan) company has just flat refused to cancel the CPA!

 

FO Guy said that that's definately against guidelines and need to first send a recorded delivery letter of complaint to the company and then if not happy with response, pursue with the ombudsmen.

 

In the meantime I guess they can just continue to empty my bank account whenever they want, seeing as the bank couldn't give a hoot either.

 

Open a parachute account somewhere else and stop depositing any more funds into it, then if they pay that's their problem.

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Open a parachute account somewhere else and stop depositing any more funds into it, then if they pay that's their problem.

 

That's currently in progress. I got declined for normal current acccounts. Gone for a basic cash account which appears to do all i need and doesn't have an overdraft (hoo flipping rah).

 

I should have done it sooner but stupidly waited on the current accounts decision assuming I wouldn't get declined. My fault.

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Call the coop. The basic account can only be opened over the phone, and as long as you dont have a history of fraud, it will be opened there and then.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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My personal experinece is that you need to make an offical complaint to your bank requesting a 'final decision'. You should and as I understand have quoted your bank the FSA guildlines on CPAs. They will tell you rubbish, like, we can't and you need to contact your lender etc etc. This is not true but it is good business to also inform the PDL to stop taking the said unauthorised payments, again qouting them the FSA guidlines and telling them that any further attempts will result in you lodging a formal complaint with the FOS and informing the FSA.

 

Once you have your wriiten final decision from your bank (I think they have 28 days in whcih to process your complaint) and assuming a negative response the next thing is to lodge a formal complaint with the FOS. I would also ring your bank to inform them of your actions, as, for me, this was the point where my bank did a uturn on there 'final decision' and refunded all the unauthorised CPAs. It took 2-3 months of wrangling but I got there in the end. I know it's a fustrating and long winded process but it's the only way you will get your money back as I am 100% sure that the FOS will uphold your compaint because the law is the law.

 

All the best

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hi tomtom. Just to note, they arent actually guidelines. It's UK law. From 2009.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi renegadiemp,

 

You are absolutley right, as I stated in my original post "I am 100% sure that the FOS will uphold your complaint because the law is the law". I was reffering to the FSA guide lines in the GUIDE BOOK on the FSA website which gives advice on CPAs in laymans terms and which is much easier to for us mere mortals to understand than paragrpghs and sections of the law :-)

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Gotcha :) Just making sure things are clear, since the banks think the law doesnt apply to them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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A lot of people have already done that Brig. The banks still wont accept it, with most saying that their policies dont allow them too.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Then The FSA must act directly on the banks,

if those affrected by this make complaints to

their MPs for a start it might help.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Hi guys, absolutely LOVE this forum, its seriously helped me and alot of other people I'm sure... And while I'm not legal expert I feel a lot more equipped than I previously did.

 

That being said lol any ideas where I stand on this?

 

As noted in my thread earlier: (Cannot post links yet) 'Some-advice-on-a-few-of-PDL-s-needed-please-'

 

QuickQuid took some money from my account, I disputed this with HSBC (who'm I have told I did not want any more transactions being made by this company - I just didn't know there was legislation at the time).

 

HSBC then redebited my account after a letter stating 'proof' was given (I didn't receive any such proof, just the letter) and now I am £200 over my overdraft limit, with nothing to be able to put towards it for a couple of months....

 

Would the information from the FSA be able to help me in getting this back? Or do I just try and make small payments to HSBC along with the other 19837478 companies after every penny I have at the moment? lol

 

(Sorry for the exaggeration :p )

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