Lending stream & Chargeback Visa Debit

[lescam08]

Hi, I wonder if someone can help. I stupidly had a loan with Lending stream and had tried on several occasions to set up a repayment plan with them. I sent them several letters stating that I was revoking any right for them to take payment by means of CPA. Anyway they raided my bank account and my lovely bank (HBOS) authorised payments of over £500.00 so it took me well over my overdraft. I wrote to my bank about it, no reply. I wrote again, no reply. I sent a final letter on Saturday asking them to start chargeback process as I did not want these payment going through my account, I have never authorised this amount. I state on the letter I do not wish to be contacted by telephone as I can not answe my mobile at work. I receive a voicemail from my mobile asking me to contact them. I can't, they open 9-5 I work 9-5, they close for lunch 12.30/1.30 I'm on lunch 12.45-1.30.

 

What chances do I have of getting my money back, they at charging me £100.00 per month in bank charges for these payments even though I had no money in my account to

Pay them. Why did my bank pay them when there was no available money? In the past they have sent me a letter stating that they couldn't pay something then gave me. Bank charge this time they let the payments go through then charged me for being over drawn!

 

I hope someone can help.

 

Thanks

 

Ps sorry for any typos I'm on my iPhone, the pc has died

[renegadeimp]

Ok. First questions before we go any further. Did you tell your bank to cancel the CPA, and was the payment performed by a visa card?

[lescam08]

Hi, I did send my bank a letter stating that I wanted them to cancel all CPA on my bank accounts. It was a visa debit card. Thing is my bank never replied to me about the CPA letter so I don't know if they received it.

[renegadeimp]

Ok. the letter was sent, so after that, you are entitled to the money back, plus all charges refunded.

 

Visa are also obliged to start chargeback proceedings.

 

With the CPA letter, the banks rarely ever reply, because its a lesser known tactic for getting them to play ball. Thats why its best to take it in person and get a receipt. Can i ask how you sent the letter, do you have a copy, and what date it was sent?

[lescam08]

I just sent the letter by 1st class post, I do have a copy of it as I sent it twice after not receiving a reply the first time.

Can I ask why they would authorise the payment if there were no available funds in my account. Surely it is my decision to make a payment they alway say that we need to actively manage our own accounts but they can authorise payments when I have clearly Not placed funds in my account to cover them.

[renegadeimp]

Ok. Dont worry as ive got a letter i can draft for you, but i wont be able to put it up till tomorrow afternoon cos its on my other computer thats undergoing a full overhaul right now. If nobody has put a letter up by 3-4 pm tomorrow, just bump this thread or PM me and ill post it up for you.

[lescam08]

Thank you so much!

[lescam08]

So a little update.

 

My banks complaints dept called me tonight and they have refunded all of the charges that i have and was due to get. This still left me with an amount over my od so she removed this amount and brought me back to my od amount. I asked her while I was on the telephone about the Chargeback Visa Debit and she advised she is not 100% sure but she thinks that as it was a CPA and I didnt cancel it in branch with them then there is nothing they can do about it. She cancelled my bank account and moved it to a standard account so card is cancelled and account numbers do not exists anymore???

 

She gave me the number for Debit card dispute and i called them, they can not find me as she cancelled my account! the guy on the call advised that they def would not be able to take anymore payments from my account. he said there was nothing he could do as he can't access my account.

 

How do I go about getting the money back that they did take from me? LS are useless cos they have got the money they refuse to answer any of my emails and I refuse to call them.

 

I want to get the money back that they took from my account as I am being charged daily for my od so I want to pay this off with the money I get back.

 

can somebody help?

 

Thanks

[renegadeimp]

If you cancelled the CPA, they must refund the entire amount, plus remove any charges that were incurred as a result of the CPA being granted. You do NOT have to cancel it in a branch. You can simply send it to their head office. However, its recommended you go to a branch so you can get a receipt.

[lescam08]

I know they are going to say that they didn't receive my letter as I posted it. Can I still claim the money back via charge back as I have a copy of the letters I posted to LS trying to arrange a payment plan and advising I revoked all authority to use CPA as a means of collecting money from me?

[renegadeimp]

Yes, you can chargeback. Dont let them tell you they have to investigate first. Money back THEN investigation.

[lescam08]

How do I go about this then, jut print a copy of the debit chargeback with a copy of the letter I send LS and ask them to chargeback as it was clearly not authorised? Should I request money be refunded ASAP then they investigate?

 

Thanks for your help.

[lescam08]

Can anyone help me get started with starting the chargeback procedure? Who do I contact? Shall I send them copies of the letters I sent LS so they know I did not authorise the payments? Thanks

[renegadeimp]

Send the bank a formal instruction by writing and detail everything so far. do not call them or youll get a min wage monkey who doesnt know anything.

[lescam08]

Sorry to bump this up again but no reply from my bank and the have not refunded the payments made. What's my next step?

 

Thanks

[renegadeimp]

Time to issue a full complaint and address it to the CEO. Keep everything exact, detail everything in chronological order, and outline what you want performed in restitution. Make sure at the end to add that a time limit for them to sort it out, and if the complaint is not rectified, you will be issuing a formal complaint with the OFT and FSA, and also be considering legal action.

[lescam08]

Thanks

[renegadeimp]

Just be aware, that if you choose to add the threat of legal action, you must be prepared to follow it up through court. Banks get issued legal threats all the time, so theyre very prepared.