Problems with santander charge back

[mad rat woman]

Back in April Wonga , who my son is having major problems with, took £70 from his account,

there was no money in the account so it went overdrawn.

 

He had an agreement with wonga to pay back £38 per month,

they emptied his account in March taking £227 because they tried taking the money before his wages were paid in .

 

He then applied for a charge back and it was paid back in.

 

This time Santander are being awkward.

 

He originally asked for a block to be put on them,

they said they couldn't block it but would get the money back if it happened again.

 

He filled in the forms, 2 weeks later he received the same forms asking for more information.

 

They wanted proof that the loan had been paid off.

 

Forms were sent back with a letter stating the loan was not paid but there was an agreement to pay £37 on the 28th of April which had gone through,

but wonga is trying to say didn't which is why they took the money unauthorized.

 

Yet again he had received the same forms and the same letter asking for proof the loan is paid off.

 

Meanwhile they have added £200 in overdraft fees which they won't remove until the case has been sorted out ,

He needs it back charged so we can take it to the ombudsman, but its like banging our heads against a wall!!

 

I think they should not have allowed the payments in the first place as the account was empty, any advice appreciated!

[Conniff]

He urgently needs to open what is called a parachute account with another bank and have his wages paid into that. The bank 'must' obey his request when he cancels all further payments from his card.

[mad rat woman]

Thank you, he is currently using my account for his wages until he gets another account . Is there anything else we can do to get santander to back charge the money or can he take both cases to the ombudsman?

[dx100uk]

satan's bank are very wrong its a CPA and if a customer says block them they MUST.

 

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 rightsicon 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

 

start a bcobs complaint if they wont play ball

 

dx

[renegadeimp]

If santander wont stop the transactions from occuring and they refuse to chargeback, take legal action to force them. It's a guaranteed win as long as you have followed the notification procedures.

 

With santander, they usually settle out of court " as a gesture of goodwill", as they know very well that if it went in front of a judge, there is no excuse they could make to justify their illegal activities.

[mad rat woman]

Thank you for all your replies , very helpful Hooefully we will get this sorted out sooner rather than later

[renegadeimp]

It should have beem sorted the minute you told them. Unfortunately banks think they are above the law.