AdviceGuidance Please

[sarahl82]

I took out a payday loan with Payday UK in April, failed to make the payment in May due to personal family reasons and have had to completely restructure my working hours to deal with this which has resulted in a lot of time off and loss of earnings.

 

I advised PDUK on numerous occasions of my circumstances with no offer to set up a payment arrangement, they just kept hassling me, up to 17 phone calls a day, I was at my whits end and told them on the last call in June that it was the wrong number.

 

Since the loan, I lost my bank card and was issued a new one, so they did not have my new card details on file. However yesterday, they managed to take £250 out of my bank account using my old null and void debit card.

 

I now have no funds in my account, I have spoken to PDUK today and have been advised that they have sent me emails and made call attempts in the past, but made no contact attempts since the 14th June. So over two months later, they have taken the payment, using an invalid card without contacting me.

[havinastella]

Hi Sarah and welcome to CAG.

 

have a look here for people in the same boat as you. All infomation you require is in the threads.

 

Jogs

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=2492736

[sarahl82]

that link doesn't work?

[havinastella]

that link doesn't work?

 

Strange

 

Try these

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?360740-CFO-Drained-my-account-Too!-**RESOLVED**-and-CPA-cancelled&highlight=cpa

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?361176-CFO-basically-emptied-my-bank-account-at-3am&highlight=cpa

 

They would have used a CPA (continuious Payment Authorithy) Banks hide behind these, but you really need to do a chargeback ASAP.

[sarahl82]

My bank, Santander are refusing to do the chargeback??

[Jamie Kingston]

You need to continue to persist, you might get the money back in the end if it was indeed not agreed.

[renegadeimp]

If the transaction was not authorised, and the debit card can be proven to have been defunct and expired, then yes, you can get a chargeback, regardless of what the idiots at satander say. Can i ask what type of debit card your old one was? Visa, mastercard etc?

[sarahl82]

It was a debit card.

I think I am just wasting my time and will just have to leave the payment and struggle financially for the month.

Santander said 15 days to query the payment, then went through to a manager and she raised a fraud case, but said they will reject it, will know in 24 hours

[renegadeimp]

Why think that? They stole your money and you can get it back. yes it will be a struggle, but they will come back and debit more as and when they like. We've had a couple of reports from a few CAG members lately where their accounts were debited for huge amounts, months after loans were repaid, and in some cases, the posters had never had a loan from the company.

[sarahl82]

So I have spoken to Santander again this morning, because I took out the payday loan although I have had no contact with payday uk since June and had advised them that I couldn't afford to pay it in full ad they refused to set up a payment plan, Santander have told me that I am not entitled to my money back and there is nothing that they will and can do even though the payment was taken from a cancelled debit card.

[renegadeimp]

You need to make a full complaint to the banks CEO, then if that doesnt solve the issue, go to the FSA. Satandar and some other banks are well known for breaking regulation and law.

[sarahl82]

They have told me to go back to paydayuk and resolve with them although they have confirmed by email that they will not give my money back.

 

Do I actually have a right here as I will be in financial

Hardship now and I never agreed with payday uk to settle the loan, I advised them I couldn't afford to pay it

[renegadeimp]

If they have confirmed, then you must show the bank the email. Tell the bank that the transaction was not authorised and the lender will not refund, and has a reputation for taking money without permission and not refunding. Especially sinc ethe bank allowed them to use a defunct debit card to do so.

 

We know that this can only have happened with the PDL exploiting the use of a CPA, but it would be interesting to see what satander come back with.

 

You have a FULL right to a chargeback despite what satander says. They are breaking regulation.

 

Was your old and new debit cards a visa, mastercard?

[sarahl82]

It was a visa debit card

[renegadeimp]

Then get a chargeback.

 

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

 

http://whatconsumer.co.uk/visa-debit-chargeback/

 

Dont take no for an answer.

[sarahl82]

Spoke to Santander and they have point blank refused. The advisors response was 'if you can't afford a loan then you shouldn't take one out'

 

Will have to complain to CEO but going on the service from the staff there, I doubt I will get anywhere

[renegadeimp]

You MUST issue a full complaint to the banks CEO and FSA. Also consider an lba. What the bank has done is break regulation and guidance, is unlawful, if not illegal.

 

ALso, see http://www.consumeractiongroup.co.uk/forum/showthread.php?359900-CFO-drained-my-Natwest-account-Unauthorised-Debit-Card-Transactions-***Resolved***

[sarahl82]

Santander now saying its a visa dispute and I have to wait for them to send me a disclaimer to sign and send back then they will put the funds back into my account??

[Jamie Kingston]

yes, but the problem is when / if paydayuk respond, if they accept their response then santander will take the money back out of your account so just beware incase they do.

[renegadeimp]

Thats why you get the money, transfer it to the new account, and if satander want to break the law by declining the chargeback and adding charges to the account, then its their problem.

 

As you can see from the link i quoted earlier, this is similar to another posters problem. It took a good amount of footwork to get the bank to realise the error of their ways. Remember, satander are one of the worst banks in the UK atm for following regulation and customer service.

[citizenB]

You need to communicate only in writing.. little point in talking to anyone at the call centres.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/content.php?850-Continuous-Payment-Authorities-How-to-stop-them

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(1-Viewing)-nbsp

 

Some reading for you.

[slick132]

Just in case this hasn't already been done, you MUST confirm in writing to the bank that you withdraw your consent for any payments to be made to to the PDL Co.

 

Say something like:-

 

I hereby withdraw my consent to the Continuous Payment Authority in favour of xxxxx (PDL Co) and no further money is to be paid to this company.

 

You must then proceed with seeking a refund of the amount taken recently but, as CitB says above, phoning the bank will get you nowhere.

 

The PDL will not agree to refund under a chargeback dispute.

 

So you'll have to argue that the recent payment should not have been made after the new card was issued and that the PDL took your money using the old card number that should have been blocked.

 

Good luck.

[Jamie Kingston]

but if santander do take the money back from your account even if it's not there, would your account not go into overdrawn and they'll chase you down for it so you go back to square one?

[sarahl82]

Thanks for all of your help however it looks as though paydayuk and Santander have won. Spent 4 hours arguing with them today, spoken to like a piece of dirt, refusal of speaking to a manager then after 9 phone calls I spoke to a manager who advised that a disclaimer will be sent on Tuesday which I will need to sign, then they will investigate it, that will take 15 working days for a response. I quoted everythin said by other people who had the problem and they said that Santander had their own guidelines to deal with these issues and to complain via the fsa, which I will do however it won't help my circumstances now as if I do win, it will be after I actually need to money to live this money.

 

Mark this case as lost