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Unauthorized Debit Card Payment Which Led To Further Problems


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I don't know if I'm posting in the correct forum or not but here goes...

 

Last week there was an unauthorized debit card payment taken from my account from an online software company I used to receive a service from, I cancelled my account with them a long time ago but for some reason they took a payment from my account with no notice. I emailed the software company to ask them what this is all about and was told the money would be refunded but as of today I'm still waiting.

 

On the day the payment was taken the monthly payment for my car insurance was due, I always make sure there's enough in the bank to cover payments but this unexpected payment being taken from the account meant the direct debit for my car insurance wasn't paid, my bank has also charged a £12 charge for the privilege.

 

The car insurance company tried again to take the direct debit last Friday but there was insufficient funds and I haven't been able to get the money to put in the bank to make up for it... no doubt I'll get another £12 bank charge for this too.

 

I received an email from the insurer this morning which is a notice of cancellation which will stuff things up for me as I rely on my car to make a living, it's my only source of income.

 

I'm going to email the insurer to ask them if there's any way they can cancel the cancellation and wait till Thursday to take the direct debit payment as I'll have the money by then, I hope they would do this but not sure if they will. I'm not sure what to do about the software company? Is there any way I can ask them to refund a bit faster and is there any way I can ask them to repay the bank charges I will receive because of their unauthorized debit card payment?

 

Any advice would be appreciated.

Have £20k+ in debt, seriously want to be debt free, currently in temporary accomodation and having business problems.

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your bank should have refunded it straight away if you ask

 

use this help file:

 

We have been telling people to put a letter into their bank instructing them not to make any payments under any circumstances to these companie

http://whatconsumer.co.uk/visa-debit-chargeback/- it works!

 

banks MUST follow written intructions from their customers !

This fsa [now the FCA] 11:24 31/05/2013 guide has now been updated:

 

http://www.fsa.gov.uk/pubs/consumer_...ghts_guide.pdf

 

Here's the text:

 

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.

.

see: http://www.consumeractiongroup.co.uk/forum/showthread.php?336569-How-to-remove-a-lender-s-continuous-payment-authority(2-Viewing)-nbsp

.

http://www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

and

Attach the following to your claim and in the interim period write to your bank and attach the following (Keep a copy)

Regulation 55 of The Payment Services Regulations 2009:

55.—(1) A payment transaction is to be regarded as having been authorised by the payer for the purposes of this Part only if the payer has given its consent to—

(a)the execution of the payment transaction; or .

(b)the execution of a series of payment transactions of which that payment transaction forms part. .

(2) Such consent—

(a)may be given before or, if agreed between the payer and its payment service provider, after the execution of the payment transaction; and .

(b)must be given in the form, and in accordance with the procedure, agreed between the payer and its payment service provider. .

(3) The payer may withdraw its consent to a payment transaction at any time before the point at which the payment order can no longer be revoked under regulation 67.

(4) Subject to regulation 67(3) to (5), the payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised for the purposes of this Part.

This means that you can simply ask your bank to refuse the payments, it is also good practice to let the lender know too.

So, if you would like your creditor to stop trying to take a payment all you need to do, in theory, is to inform them that you remove their authority. It's probably better to do this in writing and via recorded delivery - if possible.

You can learn more about your rights via the following fsa guide :

Ending recurring payments from credit cards

57 Recurring payments, is the term used to describe transactions for which a client has granted written permission for her/his credit or debit card to be debited for recurring goods or services, for example, club membership subscriptions, insurance cover or payday loansicon. The card may be debited annually, monthly or at other regular intervals.

58 In most cases, recurring payments can be cancelled by telling the trader taking the payments. However, a client has the right to withdraw consent by simply telling whoever issued the card (the bank, building society or credit card company) that s/he does not want a payment to be made. S/he can tell the card issuer by phone, email or letter.

59 The card issuer has no right to insist that the client ask the trader to stop taking the payment first. The card issuer has to stop the payments if the client has asked them to. The client could point out to the card issuer that they should follow the FSA guidance available in the FSA know your rights booklet which is available on the FSA website at www.fsa.gov.uk.

59a If money is still taken from the client's account, it will be deemed to be an unauthorised transaction, and the card issuer must give her/him an immediate refund. The card issuer will have to cancel any interest and charges added to the her/his account because the payment was taken. It is not up to the client to prove that s/he told the card issuer to stop taking payments. Instead, the card issuer would have to prove that s/he did not tell them to stop making payments.

60 The client should make a complaint to the Financial Ombudsman Service when all the internal complaints systems within the company issuing the card have been exhausted.

I hope this information is of assistance

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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