Company wiped out our bank account

[TWDtony]

Hi there,

 

In august last year my wife took my daughter to one of these "photoshoot" places and was given the "hard sell" to buy a CD ROM of pictures taken for £1400

 

She paid a £200 deposit using her debit card and agreed to pay the remaining £1200 in £100 installments.

She signed the "paperwork" which states it is a "Pre-Contract" under the Consumer Credit Act 1974. The agreement is very vague - for instance the agreement number has not been filled in (it's blank)

There is also a section on with my wife's debit card details filled in (including the CCV security code which as far as I am aware is illegal to store)

 

Anyway - the direct debit for the payments was cancelled in December (neither myself or my wife has any knowledge of cancelling it) so they have received £300 so far.

Now on the 28th of February the company has taken 7 x £100 payments from the card and wiped the account, they have obviously just kept charging the card until it was declined!

 

We have not received anything from the company about missed payments, a default notice or any communication how and when they planned to take the payment(s).

 

The agreement she signed has a section with her card details filled in with the following...

 

"Missing Payments" - You realise and agree that should you default on any payments owed, including the deposit, Fusion Studios may/will debit your credit/debit card, for the full amount owed.

Seeing as they have never sent an default notice or anything then what is the definition of "full amount owed"? - I have no problems with paying them the 3 missing payments to get back on track (£300) but surely they cannot just charge her card until it declines!

 

My arguments are:

 

1. Storing CCV card details is illegal (against the terms and conditions of their agreement with their card processor)

2. No default notice sent.

3. No invoice or advise sent when they planned to take payment

4. They should have tried to charge the card for the £900 owed and not in £100 increments until it declined

 

I know a little bit about consumer law but no where near enough to be 100% sure what the legal standpoint is?

 

I have tried to phone them on Friday several times (when the money was taken) and left messages to be called back urgently but nothing as yet...

[renegadeimp]

Get to your bank, and tell them the card was compromised and the transactions were theft or unauthorised.

 

Do NOT let them fob you off with the no chargeback excuse. It is blatantly obvious what they have done, and if the bank refuses, they would be complicit with it.

[TWDtony]

Thanks - the 1st thing we did was contact the bank and the anti-fraud dept told us that because we had dealings with the company then it wasn't fraud (eg stolen card details) so we had to take it up with the company involved, they did tell us that 5 days after the payments were taken that they may be able to do something?

My wife was so distressed on Friday that she even phoned the police - they told us they same thing, because we had dealings with this company then there wasn't much they could do - although they did give us a crime reference number...

[renegadeimp]

Your bank is 100% wrong. Get a full complaint in and contact actionfraud.org.uk

[Horsen]

Hi TWD.

Just read your initial post and you have left the name of the studio in the T & C's bit. Have googled the name and it makes interesting reading. Hope you get your money back.