pounds2day transfering from bank without my permission

[socks&pants]

I have had several payday loans in the past and have a repayment plan with some whilst others have not been so helpful and therefore no plan is in force as of yet.

 

I have changed my bank cards and everything seemed to be gong fine until yesterday.....between 8 and 10 a 'transfer' was made from the account I used to use which is a basic account and therefore on overdraft facilities and only has a basic debit card attached to it. I called the bank and they admitted it was strange, but I needed to call them today when their systems updated to find out who/what/where etc this transaction applied to.

 

Just called them and it is pounds2day that used a previous card to debit £5. After speaking to the visa team, they could only advise me to speak to them. I asked how they could use an old card, and they said it was possible if I signed up to this. She couldn't explain how this payment also was accepted when it took the account overdrawn

 

I only use this account now for direct debits and my wages still get paid into this account (I transfer it first thing in the morning and leave enough in to cover direct debits for the month) but I really don't want to call them.....

[asmilecostsnothing]

Report to the OFT (Office of Fair Trading)

Their able to sanction or give underlinings to companies that do this apparently, take money without authorisation/permission

just something I picked up from Watchdog last week

 

As for getting money back

 

- Demand chargeback

- Ask the company - in writing

- Issue a claim, if it is a significant figure

[socks&pants]

report my bank or pounds2day?

[socks&pants]

just found this http://www.fsa.gov.uk/consumerinformation/product_news/banking/know_your_rights/payments and I am currently on the phone to my bank......

[renegadeimp]

If it was a visa debit card, then dispute the transaction and claim a chargeback.

[socks&pants]

I have been passed from pillar to post! From the call centre to visa card services to fraud team back to visa card services......am awaiting a call back

[renegadeimp]

Get transferred to the complaints department and get a full complaint in with the FSA. Banks like to think they are infallible but theyre really not. All they have to do is flag the transaction as a disputed one and start the visa chargeback process.

 

It also sounds like the PDL has used the old code but made up a transaction number to force it through. There are a lot of reports on these forums about multiple PDL's who do this to get around any CPA removals on the account. Mention this to your bank, as it would be considered a fraudulent transaction.

[socks&pants]

I have submitted a complaint to my bank on 3 grounds...

 

1) the passing from different departments without anyone taking responsibility for the actual complaint

2) why a cancelled card was allowed to be used

3) why did they allow it to take me overdrawn on an account which can not have any overdraft

[renegadeimp]

Stick with it. The bank will try a lot of things to shift the blame away from themselves. The only way for a PDL to get around a cancelled card is to create a fictitious transaction number, which as i said before is blatant fraud/theft, and the bank is complicit with this.

[dominocat007]

Hi, new to this but here goes.. this has just happened to me in exactly the same way, but I closed the account and thought that was the end of it then lo and behold £5 went out of a different account with the same bank! Went through the same procedure again only to be told by fraud team at my bank that they paid it as the loan company had written to the bank saying I owed money so the fraud team paid it on my behalf from another account. When I argued this I was told in no uncertain terms that they have to pay it if the company prove to them I owe it and the FRAUD TEAM CAN TAKE IT FROM ANY ACCOUNT I have!! and because it is only a small amount they do not have to inform me they have done this. I argued that they are the custodians of my accounts and should not pay people from other account because the say I owe money, surely that is between me and the creditor. The fraud team said not to worry they did not disclose the details of this other account and it was safe, I argued its obviously NOT safe from you if you are going to pay people. Now I do not know what to think or do, if I close this 2nd account they will take it from my only remaining account!!

[renegadeimp]

You need to contact the police for theft/fraud, contact the banks complaints department and also contact the FSA.

 

 

I think it was either sillygirl or an admin of this site that said, the best thing to do when getting another account is to go with a bank that isnt in the same group of companies. Banks are private companies and they seem to be breaking the law all over the place and getting away with it lately.

[Ell-enn]

Hi, new to this but here goes.. this has just happened to me in exactly the same way, but I closed the account and thought that was the end of it then lo and behold £5 went out of a different account with the same bank! Went through the same procedure again only to be told by fraud team at my bank that they paid it as the loan company had written to the bank saying I owed money so the fraud team paid it on my behalf from another account. When I argued this I was told in no uncertain terms that they have to pay it if the company prove to them I owe it and the FRAUD TEAM CAN TAKE IT FROM ANY ACCOUNT I have!! and because it is only a small amount they do not have to inform me they have done this. I argued that they are the custodians of my accounts and should not pay people from other account because the say I owe money, surely that is between me and the creditor. The fraud team said not to worry they did not disclose the details of this other account and it was safe, I argued its obviously NOT safe from you if you are going to pay people. Now I do not know what to think or do, if I close this 2nd account they will take it from my only remaining account!!

 

Which bank is this ?

[dominocat007]

Hi, it is RBS . The account they paid it from is already in unathorised overdraft which I am clearing on a payment plan and was supposed to be frozen now its gone up by another £5!

[Ell-enn]

You need to inform your bank in writing not to make any payments from any account to pounds2payday, they must follow your written instructions.

[dominocat007]

Hi Ell-en, thanks for that but does that still apply if its RBS own fraud team who is paying it by internal funds transfer because P2D can prove there is still a balance outstanding ?

[dominocat007]

Hi Barnside, yes it appears that the RBS fraud guy I spoke to said the PDL had been concerned enough to contact the bank and prove I owed money and after the fraud team had investigated they deemed there was no 'fraud' as I did owe money so under the continuous agreement authority I allegedly signed the bank have to pay the money, and as the orignal account and card it was attached to has been closed and cancelled the the fraud team can send a funds transfer from any account I have with them even if it is a joint one! I was flabbergasted to say the least and kept insisting that any money owed is between me and the creditor and the bank is responsible for taking care of my money not dishing out as they see fit but he was having none of it, basically he was saying I have no control over who they send my money to if 'they' can prove I owe it.

 

I am going to ring again tomorrow and have another go at sorting this out with RBS fraud and also call into my branch and hand in a request to stop P2D being paid as Ell-enn suggested.

[huxleypig69]

I wish you all the best with this but I've had exactly the same thing with Halifax and they simply refuse to:

 

a) Even investigate the possibility of fraud - as soon as the words "The Money Shop" are used they turn off. It's like PDL companies have carte blanche to commit any fraud without retribution.

b) Give me anything back. They've offered me £75.00 but still won't acknowledge it was their fault or that they've done anything wrong, which is nowhere near enough.

c) State anything other than CPA's are "guaranteed payments" no matter how much or what the available funds.

d) Stop any future CPA's going out even though I've asked them to in writing. Despite the FSA's guidelines they just ignore any evidence I send them.

e) Respect my First Right of Appropriation if I assert it more than once. If I do they'll close the account!!!!

 

It's now in the hands of the FOS and small claims court.

 

So it's true, if you believe the Halifax then you can take out as many loans as you like and they'll pay them all back for you even if you have no money!!!!! Cheers Halifax, can I have that promise in writing please? Despite having clear rules and charges in case a transaction 'bounces' due to insufficient funds. Why have these charges if this will never happen? They're complete idiots and it's going to cost them a hell of a lot in my case.

 

In fact - here's an idea - does anybody wish to lend me a few grand and in exchange for my card details? You'll get it all back if you try to take it from my bank even though I have nothing in there...

[dominocat007]

Hi, just a follow-up. Had another try but no joy....what you said is absolutely true huxleypig69, it seems impossible to stop these payments even in writing.

 

The fraud officer also said that if I close the accounts and bank somewhere else and the company then continues to apply for money the fraud team can do a credit search and tell them who I now bank with and to chase me there. UNBELIEVABLE !!

[renegadeimp]

That wont happen and if ut does its illegal. DPA stops them doing it as well as various laws.

 

If you close your account then that bank does not have any right to chase your bank accounts. They could try if its in the same group but if you switch completely then they are breaking multiple laws.

[Space2001]

I can not believe what the fraud officer is telling you is true. have you spoken to his/her superior? Have you asked him/her to put all of this is writing? surely in their charter it is their duty to protect the customer (incidently is p2pd also their customer?)

[dominocat007]

yes, asked for for confirmation in writing about the info the creditor had used to prove I owe money, that would be the CPA by my reckoning, and for confirmation there was no 'fraud' on the account and that RBS would continue paying until the account was cleared, the answer was no they do not have to do that.

 

I asked how RBS would know it was cleared, what if the creditor just kept asking for money via the CPA even though I knew it was paid to which he replied 'in that instance it would be classed as fraud and they would get the overpayments back for me'

 

The point about the chasing of accounts came about when I said I was going to close ALL accounts with RBS, the fraud officer then said that if the creditor continued to contact them for money RBS fraud would do a credit search and tell the creditor who my new bank was, not that RBS would chase me.

[renegadeimp]

Sounds like that guy doesnt know the law. The most he can do is get your new address and write to ou. If he tried to tell your new bank to pay without a court order then its blatant theft as well as multiple breaches of various laws.

[dominocat007]

Thanks for that renegadeimp, I was starting to get paranoid thinking it seems like anyone can help themselves to money from my bank accounts. No wonder loads of people do not trust banks and keep their money 'under the mattress' so to speak ... if it wasnt for having to pay stuff by direct debits etc I think I would do the same!!

[renegadeimp]

Rememver. A lot of banks reps do not usually tell you the truth. Sometimes what they say is the complete opposite to the banks policy

[huxleypig69]

In my experiences with the Halifax they have lied continuously and when challenged to back up their lies and prove them to be true they simply ignore what you've said. I must've asked them a good 7 times to prove to me that CPA's are guaranteed and as yet all they've done is tell me to go to the local branch to read the terms and conditions! Even better is the fact that I've continuously asked for a copy of the contract that I signed that binds me to these fictional terms and conditions and it appears that they've lost it! So in this case it seems that they don't have a leg to stand on. However, it doesn't stop them trooping on regardless, adding charges and whatnot, chasing me for the debt that I'm in because of their mistakes!

 

They're going to the small claims court so they'd better get some resemblance of a defence together because right now they look pretty screwed. The can't/won't prove any of their lies. The flat refuse to investigate allegations of fraud. It's disgusting really...